Still no Court of Economics, about 60,000 outstanding subjects

About 6 thousand is the number of economics waiting to be addressed in the department for economic issues at the Pristina Foundation Court.

Court monitors from civil society claim that the department for economic affairs near the Constitutional Court was empowered by the Court Law in 2013 but that it has failed to effect and results to reduce the number of materials for economic and trade issues.

Ehat Miftaraj from the Kosovo Institute for Justice says the Department for Economic Affairs is overloaded with 60,000 substances.

Miftaraj claims that a case to be treated takes between three and five years, under which it causes uncertainty directly for foreign and Kosovo investors.

This causes judicial uncertainty, causes unnecessary delays that mostly lose businesses that have invested in Kosovo and seek justice on the part of the state. In this direction, of course, it is necessary that the Ministry of Justice, but also the Judiciary Council, under their competencies, assess the situation and offer solutions that can improve the situation. A state like Kosovo which aspires to the European Union, or to make the country attractive to foreign investors has almost failed in this respect, because no foreign and local investors can invest in a state where there is no legal security, where they have to wait for years to resolve a subject of their”, Miftaraj claims.

Justice Minister Abelard Tahiri declares for Kosovo Press that by September the Commercial Court, which is under functional revision, will be established.

Minister Tahiri says such a court that would handle company subjects is necessary for improving the business-making climate in Kosovo.

The “is working on establishing the Commercial Court, is under functional revision, and the strategy will be issued in September of this year. So from that moment on, it will start working at the Commercial Court, which is part of my vision as justice minister”, says Minister Tahiri.

Even Arton Demhay, executive director of the non-governmental organisation “Arise”, says this court needs to be done as soon as possible for the fact that it facilitates business work.

Demhaja also says until there is no will from political parties to be attracted by the influence they have on the justice system, the Economic Court may never be made.

In one of our courts could last years. That's because they're loading our courts. For this reason, the Economic Court must be established to facilitate the work of businesses in a judicial process they have and to avoid causing negative consequences on businesses. This is also closely related to the influence politics has on the justice system. Until we have political will from political parties to withdraw from the impact they have on the justice system, the Economic Court may never or may have happened, but with the same function as regular courts are operating in dealing with various criminal and civil subjects”, Demhay claims.

The efficient lack of courts has also prompted Kosovo businesses to seek the establishment of the Economic Court, which would deal with the conflicts of economic subjects between them and other parties, including state institutions.

Otherwise, establishing an efficient economic court is necessary for developing the economy in the country.