Experts: Government had no legal basis for Klan Kosovo case

On 14 June, Kosovo's government imposed the suspension of the Klan Kosova television business certificate, with the claim that in business registration it writes “

Authorities said “is not allowed to register a business where settlement is in conflict with the fundamental principles of the Constitution of the Republic of Kosovo”.

Commercial Affairs Lawyer Ardi Shita, in a conversation with Voice of America, said the ministry has acted contrary to the law on commercial societies, which, as he said, regulates all aspects of corporations in Kosovo.

“There is no concept of suspension of a business certificate under that law as the first point. The law clearly says, a business which is a legal person, in this case corporate or society with limited responsibilities such as Klan Kosova, is independent of its shareholder. So whatever happens to the shareholder, corporate contingent goes on because corporations as structures are designed to maintain the privacy of society regardless of what happens to the owner”, he says.

Industry Minister Roseta Hajdari insisted that the ministry's actions leading the ministry enjoy legal grounds.

The most complete legitimacy is the first Constitution, but there are also laws for commercial society, the law for administrative procedure, and on this legal basis we have taken action. It is not reasonable to call it a technical error naming the town Gjakova Serbia or Peja Serbia. It's an unconstitutional mistake, it's a violation in fact, and not a mistake, unconstitutional violation”, she said.

The sale says the published data is from the public registry of Northern Macedonia, in which Kosovo has no responsibility.

“The public registry of businesses of a foreign state, the way things are listed and what they wrote is not our responsibility as the Republic of Kosovo, it is impossible for us to control how business data publishes a foreign registry. We with information that comes to us and if they were unacceptable ARBK there has been a possibility that at the first moment the first record of the shareholder from the Republic of Northern Macedonia will not accept the” documentation, Mr. Shita said.

On June 16th, the Independent Media Commission approved a decision forcing the Kosovo Clan television to meet the documentation needed to keep the license within 30 days.

Klan Kosova says it has submitted completed documents on 21 June.

In a document that has secured the Voice of America from the central registry of Northern Macedonia on Monday, television figures registered with the Gjakova labelation Kosovo. The same document, but in English, has also published Klan Kosova, insisting that from June 20th this year in every company document, Kosovo stands only to be appointed.

If the shareholder has provided incorrect, incorrect, incomplete information, there are other mechanisms available through which the ministry can seek to improve those information. Usually under the law on commercial societies, when change or improvement of information is required by either the ministry or by business itself, a deadline within which that correction should be made. When he's finished, business will continue to operate as it has operated before, so here's a serious problem with the interpretation and implementation of the provisions of business societies”, says Mr. Shita.

The suspension of the Klan Kosova television business certificate sparked sharp reactions in Kosovo appeared to be a serious blow to media freedom. But authorities insist that law enforcement against powerful entrepreneurs who violate it for financial benefits does not present an attack on media freedom.

On Monday, the Ministry of Industry said it has suspended business certificates, as well as at least 5 other companies that, according to it, have constitutional appointment, presenting Kosovo cities as part of Serbia.

Ilir Ibrahim from the Business Club in Kosovo said the government with these actions is attacking businesses and that this situation could bring serious consequences to the country's economy.

“I am very concerned with the economic situation in the country, the consensus has fallen, businesses are not investing because they are being attacked by the government, and this will send Kosovo into even a larger economic crisis after the war of Ovidius, Ukraine. The main Kosovo economy has a problem with internal attacks coming from power, and if we run out of these big corporations and go to invest somewhere else that they can do at any moment, but it's their patriotic act that continue to stay here then I see Kosovo's economy in the coughs”, he said.

Ibrahimi says failure is in Kosovo's institutions that have not properly adjusted the registration procedures of businesses from other states.

We have seen yesterday the publication of a list of businesses that are registered with foreign passports, in this case from Montenegro, and the settlement is written in Serbian letters or Serbian appointments but it is not the fault of the individual who recorded it. It is the fault of Kosovo institutions that have not registered these in friendly countries”, he says.

US Ambassador to Pristina Jeff Hovenier, expressing concern for the situation with Klan Kosovo, said Tuesday he hopes the government will resolve this issue in a transparent, just, and quick manner.

“Based on what we have understood by the owners of Klan Kosova, they have handed over new documents dealing with specific concerns presented, and I just want to say that whenever the government makes a decision that may have an impact on the ability of the media or independent organisation to transmit, to act, it is something that needs to be done at least after a very careful review and as a last resort because media freedom is very important<x>, he said.

The suspension of Klan Kosovo's business certificate prompted sharp reactions from Western diplomats, journalists' associations, media representatives, but opposition representatives as well.