Commercial Court Bill is soon submitted to Government

Deputy Justice Minister Florian Dushi in an interview for Kosovo Press has already declared the draft bill for the Commercial Court is in the final phase and is soon expected to surrender to the Government of Kosovo for approval.

“Within the framework of the Justice Ministry we have established a working group that I am leading as deputy minister of justice who has examined the Commercial Court's establishment bill we are in the final phase of reviewing this bill within the MD and are accepting various remarks and suggestions from individuals and various organisations that have interest in this process. We will have only one more review of this bill together with all that we have received in the form of proposals from the organisation, and I believe very soon within November or, in the first part of November, will be forwarded to the Government of Kosovo for approval”, Dushi said.

Dushi believes that this form of this draft law for the Municipal Court will find the necessary support even in the Kosovo Assembly.

“Praising both the political and the business share of Kosovo as important, I consider that this law will find the necessary support in the phase when it will be treated and placed in the Kosovo Assembly”, Deputy Justice Minister Kosovas said.

And this news has been welcomed by Odas, who support and address business problems in the country.

Kosovo's Oda of Afarism board Chairman Skender Krasniqi said there is pressure on the part of businesses for this court to open.

He says the absence of such a court dealing with economic problems has damaged the climate of doing business in the country, but has also hampered the arrival of foreign investors to Kosovo.

For Cransic, establishing the Commercial Court means greater security for local businesses, but also foreign ones.

“It's the pressure of businesses to open up again on the Commercial Court, because there are extreme delays in subjects for years, and how today's climate of doing business climate is too weak and hinders the arrival of investors, but also the work of our businesses in Kosovo, due to major delays in procedures... we've asked that the court be appointed enough judges to be able to carry out the procedures more quickly... in terms of security would increase the efficiency of Kosovo institutions and institutions would be in better positions, but also in business and investment, because it's not reducing the risk of Kosovo's most, and it's the most successful implementation of Kosovo institutions, and we're not going to be able to stress.

He said how OAK has sought to be about 40 judges within this court in order for the procedure to move faster and not cause delays.

Even the executive director of the American Chamber of Economics, Arian Zeka, says that delays in business nature disputes have added to a particular judicial body that would deal with economic problems.

He wants the Court to be professional and sufficient people in number, while he says it would affect legal growth in general to do business in the country.

The “given that delays in the treatment of natural subjects and, respectively, in inter-biscitative nature contests need to exist a special judicial body that will address these conflicts or cases of commercial nature which have the sufficient number of judges on one side and on the other have the right professionalism to address even the most complicated interbiscal nature disputes... The Commercial Court would offer greater legal security not only for domestic investors, not only for companies already operating in Kosovo, but also for foreign investors. The speed of the treatment of subjects would increase, the professionalism of judicial decision making would increase, therefore the professionalism of these commercial conflicts and would affect the overall law growth to do business in the country”, Zeka said.

According to the organisational structure of Kosovo courts, defined in the Law for Courts, the Department for Economic Affairs that operates at the Constitutional Court in Pristina is the only department that has the competence to deal with economic/afrist issues from all over Kosovo.