Thaci does not decree the Trade Society Law, returns it to the Assembly for reconsideration

“Nani 34, under paragraphs 2.5.1., 2.5.2., 2.5.3. and 2.5.4 The Law No. 06/ L-016 for Trade Societys is not in accordance with Article 7, Article 24 and Article 119 of the Constitution of the Republic of Kosovo, as well as with the Convention on Elimination of all forms of discrimination against women, which, in accordance with Article 22 of the Constitution, applies directly to the Republic of Kosovo and has priority, in case of conflict, to the provisions of other public institutions and acts of”, is said in the communique.

The president of the Republic of Kosovo estimates that the introduction of the gender-related quota only for the boards of directors of the action societies, as was done in Article 34 of Law No. 06/L 016 for Trade Societys, excluding other kinds of commercial societies through which economic activities can be developed in Kosovo, narrows the sustainability of constitutional and legal guarantees for gender equality.

Also, neither is it common practice to establish legal provisions that regulate participation in the boards of directorial societies through gender quotas. Trade companies are guided by the principles of credibility aimed at maximized profits and they must have the freedom of choice at Borde Management”, said the communique.

As a result, the provisions as set out in Article 34 of Law No. 06/ L-016 for Trade Societys, do not create favourable legal environments in freedom of economic activity of commercial societies (in this case of share societies), and are incompatible with Article 119 of the Constitution of the Republic of Kosovo, where the Republic of Kosovo provides a favourable legal environment for the market economy, economic freedom of activity and public property security and”.

Furthermore, the provision specified in Article 34, below paragraph 2.5.4, where “indiscretions for this quota will be determined by sublaw acts that stem from this law”, create uncertainty in the freedom of economic activity of commercial societies ( shareable societies), because it gives Government the right to legally define sanctions for commercial societies, respectively, regarding shareholder societies.

The Republic of Kosovo is designated for market economy, where Article 10 of the Constitution determines that “The market economy with free competition is the basis of the Republic of Kosovo economic adjustment”.

Intervention of the sublawing executive by law, through the appointment of sanctions, in the event of the failure to implement gender quotas of members of the board of directors of the stock society, could create uncertainty in the freedom of economic activity of the shareholders.

The Assembly of the Republic of Kosovo, in accordance with the Constitution of the Republic of Kosovo, the Convention on Eliminating all forms of discrimination against women and Law No. 05 -020 for gender equality, it should be in Law No. 06/L -016 for Trade Societys, set standards that will ensure gender equality and equal opportunities for female and male participation in all kinds of commercial societies, not unilateral quotas.

Trade companies need to find ways of achieving equal opportunities for female and male participation in economic life, creating facilities for achieving gender equality, and thus in certain cases achieving gender quotas, but not by interfering with the freedom of economic activity of business societies, but by stimulating them.