The Law and Order Committee of the Seimas, which considered the initiative of Rasa Budbergytė, an elder of the Social Democratic Party faction, on the regulation of self-service cash registers, decided to take a break. In this way, the author of the project was given the opportunity to further improve the project, taking into account the conclusions of the Law Department.
On Wednesday, 7 members of the Law and Order Committee voted for it.
In the opinion of the Seimas Law Department, R. Budbergytė's proposal to oblige merchants to apply discounts and loyalty programs to customers shopping at self-service checkouts due to the limitation of property rights is contrary to the Constitution.
The parliamentarian proposes to supplement the law with a provision that in cases where a consumer pays at a self-service cash register in shopping centers, he "has the right to compensation for time and other costs".
According to Seimas lawyers, the amendments to the law would "unreasonably limit the rights of entrepreneurs to carry out economic and commercial activities at their own discretion, to decide on the price of selling goods and the method of selling goods," which contradicts the principle of freedom of economic activity enshrined in the Constitution.
According to the Law Department of the Seimas, the amendments to the law also contradict the principle of equality of persons enshrined in the Constitution, as they would apply only to customers paying at self-service checkouts in shopping centers.
According to lawyers, consumers can independently purchase goods and services not only in shopping centers, but also by using post machines, vehicle parking machines, self-service laundromats, self-service gas stations, deposit and payment machines, coffee and snack machines in public spaces.
Parliamentarian Rasa Budbergytė, who participated in the session of the Law and Order Committee of the Seimas and prepared the amendments to the law, disagreed with the conclusions of the lawyers. According to her, if adopted, the principles of protection of consumer rights and fair remuneration for work provided for in the Constitution would be ensured.
"For some reason, it is forgotten that the Constitution requires everyone to be fairly compensated for their work. Consumers who perform work at self-service checkouts for the benefit of the business must be compensated in some way for their work. By project, I am talking about the fact that the consumer has the right to be compensated for at least the time spent. I'm not saying it has to be mandatory. What sacred right of property is being violated here? Is it so absolute that suddenly any proposal, any aspect of consumer rights protection, or maybe the entire Law on Consumer Rights Protection, is limiting that property?", said R. Budbergytė at the committee meeting.
It does not see a violation of the principle of equality.
"EU law offers to compensate users for missed flights, to receive compensation of up to 600 euros. This should also be a discriminatory norm here, because those who travel by train or drive a car are not guaranteed this right. My suggestion is very modest, I'm only talking about law", said R. Budbergytė.
In her opinion, Lithuania has currently implemented only the minimum standard of consumer rights protection that we should have according to EU law.
"I really think that my proposals do not contradict the Constitution, on the contrary, I think that a person has the right to be paid for his work," said R. Budbergytė.
She noticed that the buyer does not have the right to choose, because sometimes in the evenings after 20 p.m. there is not a single cash register where a cashier works.
TV Raskevičius: colleagues in the opposition have really lost their hair
Tomas Vytautas Raskevičius, chairman of the Seimas Human Rights Committee, criticized the initiative of the social democrat, seeing populism.
"I understand that my colleagues in the opposition have really let their hair down and are now going to spoil everyone with promises and the most unexpected proposals. Some want to ban talking about gays, others will provide social support based on a person's legal status. (…) Now R. Budbergytė is opposed to technological progress", TV Raskevičius said at the committee meeting.
He said that he understood the potential problems of various social groups with the use of certain technologies.
"I understand that people with disabilities, elderly residents may have certain challenges. I think that it should not be banned or taxed, but the availability of such technologies and services should be increased for all population groups", said TV Raskevičius.
In response to this, R. Budbergytė asked her not to "accuse her of any dislike for new technologies" and criticized the Human Rights Committee, which, in her opinion, pays too little attention to the protection of consumer rights.
"The Human Rights Committee works in the field of consumer rights protection, we have carried out several issues of parliamentary control. We advocate the availability of services for all groups of the population, taking into account their specific needs", answered TV Raskevičius.
Some politicians and merchants criticize the effort to regulate shopping at self-service checkouts due to, in their opinion, excessive interference in business activities and people's lives.
Jadvyga Bieliavska (ELTA)
