Constitutional aspect of consumer protection: Comparative analysis and the case of Serbia

In the last few decades, consumer protection has found its place in numerous constitutions worldwide. Due to the growing awareness of consumer protection and the development of consumer law as a separate branch of law, consumer protection has ultimately become part of materiae constitutionis. The first part of the paper presents the constitutional norms on consumer protection in several European constitutions. In addition to examining the content of constitutional provisions on this matter, the author draws attention to the place they are given in the constitutional system, i.e. whether they are placed in the section pertaining to human rights or in the section pertaining to the economic organization of the state. This question is related to the issue presented in the second part of the paper, which presents theoretical arguments about the constitutional nature of consumer protection, i.e. the dilemma whether consumer protection rights are human rights in the true sense of the word or programmatic principles. The second part of the paper also points out to other constitutional institutions that have an impact on consumer protection, such as human rights (freedom of association, freedom of speech, right to petition, right to privacy), constitutional norms on economic regulation (establishment of market economy, prohibition of abuse of monopoly position), and ombudsmen in charge of consumer protection. In this part, the author also points out to the impact that consumer protection may have on other institutions, such as freedom of entrepreneurship. In the third part of the paper, the author presents Article 90 of the Constitution of the Republic of Serbia, which guarantees consumer protection, and is located in the part of the Constitution pertaining to the economic regulation and public finances. Article 90 of the Constitution stipulates that the state shall protect consumers and explicitly prohibits actions aimed against consumers' health, safety and privacy, as well as all unfair actions on the market. These provisions of the Constitution were placed in the context of the state's reaction to the boycott of large retail chains, which was organized in Serbia in early 2025 due to suspicions on unjustified price increases. The price increases were considered to represent an unfair market practice that consumers have to be protected from.