Sustainability, the Circular Economy and Consumer Law in Slovenia

The sustainability goals and the circular economy have been high on the list of priorities of the EU and its Member States over the past few years. In Slovenia, they have found their way into the Constitution and into the key strategic national documents, including the Slovenian Development Strategy 2030 and the Roadmap for the Transition to the Circular Economy. Though consumers play a crucial role as enablers of the circular economy, there has been tension between the sustainability aims and aims of consumer law, which are not always aligned. As provided by the EU’s Circular Economy Package, '[t]he choices made by millions of consumers can support or hamper the circular economy'. The integration of environmental policy into consumer law is pursued through regulation on the supply and on demand side of the market, i.e. it is aimed at stimulating sustainable production and consumption. While the traditional consumer law paradigm envisages balancing of interests of consumers as the weaker parties on the one hand and businesses on the other, sustainability can be one aspect that is weighed in this balancing exercise, and thus contributes to the paradigm shift in accordance with horizontal clauses found in Articles 11 TFEU (environmental protection) and Articles 12 TFEU (consumer protection), as well as in accordance with Articles 37 and 38 of the EU Charter of Fundamental Rights, respectively. This contribution will assess whether and how sustainability goals and the circular economy are internalized in consumer law and policy in Slovenia, with an emphasis on civil law rights and obligations