PROCEDURALNA NEPOTPUNOST OSTVARIVANjA PUTNIČKIH PRAVA U VAZDUŠNOM SAOBRAĆAJU

Abstract

In the article, the author considers incompletion and discordance regarding the passenger's legal position in contemporary civil aviation. It is posted, explained, and proved the hypothesis of insufficiency of procedural norms regulating the realization of passengers' rights. Particularly, the author focuses on deficiency in collective and individual methods of protecting the passenger’s rights and their legal position as an ordinary consumer. Also, it is paid special attention to ADR as a method in solving the passenger vs. carrier disputes, considering mediation as a predominant method and arbitration as a potential new method in resolving these disputes. The author comes to the conclusion that the effectiveness consisted of speedy and legal certainty should be the main and the most important feature of future methods of resolving disputes involving passengers in aviation. In the first part of the article, it is presented a real example of a case in which the passenger’s interest collided with the carrier’s one. In the second part, after explaining the concrete application of different general protecting methods, it is made special attention to the passenger’s helplessness regarding doing anything to prevent uncertainty and too-long court procedures. Finally, the author concludes with three propositions in order to improve the procedural status of passengers in aviation. The first is in introducing the short-term small claims procedures; the second is the expertise of the administrative body which should administrate the collective passenger’s disputes and, the third is introducing the arbitration into passenger’s disputes.