Opposition, civil society consider creating a Commercial Court for Business

At the public hearing of the Bill for the Commercial Court, against the position and business community that considered the establishment of this court, opposition and the Group for Jury and Political Studies (GLPS) as necessary, praised as harmful to businesses.

MP Doarsa Kica '%seli leading the working group in the Commission for Legislation said the idea of this draft Act for the Commercial Court is to be a feasible law without procedures and materials that would harm the start of this court's work.

MP Kica ić Xhelili said the Commercial Court is more than necessary for local and international businesses, as it put it to a review of economic subjects in the current courts has been on trial for up to 8 years.

Despite all that was said here today, some elements are common to all. What are they? First, we have harmful delays in considering commercial issues. These delays are doing harm not only to local businesses, these delays are also doing harm in terms of foreign investors. Most local businesses, where commercial contracts with potential investors entered, are forced without their desire to choose as a means of resolving Arbitrage disputes in other costly neutral countries. Why is that? This is precisely due to the fact that in Kosovo, in our judicial system the review and completion of the cases of this nature lasts up to eight years, which is naturally unacceptable to foreign businesses”, she stressed.

Ardian Bajraktari from the Ministry of Justice, which is also sponsor of this bill, said the specialised Commercial Court will be the only address for business.

While he has said the process of drafting the bill has been characterised with a long process, including relevant institutions.

The “with a long and wide process of consultations has also been drawn up by the document concept under which the drafting of the bill is recommended, respectively, establishing the specialised Court, where businesses will have this address”, he said.

On behalf of the Kosovo Judiciary Council(KGJK), Astrit Hoti has said KRK's comments are consistent with legislation in force and the Constitution.

All the comments were given with reasoning, for the reason the bill that came to us had some dilemmas that went out of the system. Comments, which have been given, have been given a set of laws, a conclusion of the Judiciary Council's plan and a framework organisational structure. K JSK, has also seen the location of this court”, Hoti stressed.

Ardi Shita from the American Economic Oda of Kosovo(OEAK), saying Kosovo has been delayed with the establishment of the Commercial Court, said the court's rapid functioning is in the interest of all members of the American Economic Ode.

It is more important to focus on the core of the problem, not only local businesses, but also foreign investors in this country do not currently have an address that if they invest 100m euros in the energy sector, even without expected the Office for Energy Regulatory revotes the license, they do not have an address to address. It should be addressed to the administrative department for the revocation of energy licenses with a 100m-euro investment and financing from the European Bank for Reconstruction and Development, this is absurd and does not happen anywhere in the world”, he stressed.

Commission member Driton Selmanaj from the LDK, criticising KJEC and the Ministry of Justice, said that the functioning of the justice system does not solve the Commercial Court.

“It is better to reason the American Economic Oda bill than the Ministry of Justice and the Judiciary Council (KGJK). With that I understand the intensity where the goal is, there's nothing wrong here, there are commercial problems companies, the system is not working, and now they're trying to do something else. But my dilemma is this, failing to function the justice system in Kosovo, do we have the luxury of experimenting? If for a legacy issue in Kosovo, five years awaits one party, does that mean that we should create other special courts or return the administrative court once again, the labour court, as a result of why the CDR is managing Kosovo's justice system properly. Apparently here's the basic problem”, Selmanaj said.

Geza Hoxha from the Group for Jury and Political Studies (GLPS) stressed that from the very beginning they have opposed the establishment of this court, which judges not only commercial issues but also issues which are administrative nature.

She even said that the Commercial Court will create more damage to businesses than solutions.

We consider that the desired choice or option in this case will not solve these problems, and will also create more damage than will help business and commercial justice in general. I'm not stopping by the arguments that we have against the establishment of the Commercial Court, since I'm considering that this trend has already just been launched. I'm stopping by the comments that address some of this bill's crude problems. The creation of this Court is based on the status of the party, not on the nature of the conflict. In saying that, we are creating a court, which is judging not only the commercial issue, but also the issues which are administrative nature”, Hoxha stressed.

Chris Thompson from USAID said the specialised court is for effective and open justice.

He said that WAID supports the draft law on establishing this court and implementing it.

“The court specialising to offer a approach to more effective and open justice. We are willing to assist you in reviewing this bill, as well as applying it”, Thompson said.

The Assembly approved the draft draft for the Commercial Court months ago.