The Protection of Air Passengers’ Rights in the EU and Beyond: the Case of Albania. Current Developments within the EU Institutions Regarding Possible Reforms

Abstract

Since the creation of the single market and the liberalisation of the aviation sector in the EU, passengers have benefited from lower fares, an expanded and enhanced flight network, and a wider choice of air carriers operating in a free-competition market. In this panorama, the correct application of Regulation (EC) 261/2004 regarding denied boarding, cancellation and delays is fundamental. The Regulation sets a minimum level of rights protection for passengers who are denied boarding against their will or whose flight is cancelled or delayed, allowing Member States to offer higher levels of protection.

This paper aims to analyse passenger rights and the related forms of protection provided by European Union legislation, with particular reference to Regulation no. 261/2004, which has contributed to uniform implementation and higher standards for the protection of passenger rights across the EU.

Despite its success, a revision of the regulation has been underway within EU institutions since 2013, when the European Commission launched a revised proposal. The proposal is currently in the legislative process between Parliament and the Council, with the latter taking a position in June 2025 on the amendments to be made. Thus, we aim to analyse this proposal in a de lege ferenda context, as well as analysing the problems arising in practice so far. This article aims to shed light on the positions taken by EU institutions and the ongoing negotiations that may lead to a new and improved Regulation (EC) No 261/2004. Starting from the premise that, after more than twenty years, reform is desirable, the current phase of legislative discussion and development therefore appears particularly timely and worthy of attention.

Furthermore, in this paper, we analyse the implementation of EU air passengers’ rights protection as foreseen in Regulation (EC) No 261/2004 in foreign contexts, such as Albanian legislation, which is undergoing a process of harmonisation with EU acquis, and the influence of EU legislation within the Albanian legal system regarding consumer protection, in particular, passengers’ rights. Passengers’ rights are foreseen in the XI Chapter of the Albanian Air Code regarding “liability and passengers’ rights” in line with the Montreal Convention and Regulation (EC) No 261/2004.