American Economic Oda rejects favouring public enterprises

This wrong practice that violates the equal treatment of public and private enterprises stems from an unfair interpretation made by the Public Procurement Commission on Article 9.4 of the Public Procurement Law, which envisions that if the contracting authority is public authority, such public authority must take reasonable measures to ensure that the subjects that meet these needs are not available by any other public authority<1>, the OEC's response says.

However, the American Oda points out that public companies can in no way be regarded as “public authorities”, so the practice of buying their services on the part of the contracting authorities through the “procurement provisions inside the house” should be halted, since it violates fair competition.

“Facivorisation of public enterprises according to the overcrowd conditions is contrary to the fundamental principles of the market economy and free competition, regulated by Article 10 and 119 of the Constitution of the Republic of Kosovo. Also, Article 13 of the Law on Public Enterprises contains clear provisions under which all public enterprises, without exception, are subject to the laws, regulations, and actions that regulate private-owned business societies”, are highlighted further in response.