American Economic Oda: Concerned that government is attacking judiciary

The move, as perceived by the American Oda and its members, provides a disturbing example of intervention in Kosovo's independent judicial processes.

As leading promoter for business interests and investors in Kosovo, Oda American strongly believes that rule of law and independence of the judiciary are fundamental pillars to a strong and favourable business environment. It is essential to note that rule of law basically involves limiting arbitrary exercise of power by submitting to the literal legal framework.

“Also, the American Oda expresses its concerns about the verbal attacks of executive representatives and the legislature on judicial power and institutions of justice, including the Constitutional Court and other courts. Such attacks further erode confidence in the independence and integrity of Kosovo's judicial system, which is essential to ensuring fair and transparent legal procedures for businesses and investors”, the OEC's response said.

The establishment of the private completion function, supported by USAID, has been instrumental in assisting Kosovo institutions to improve the completion of civil engagements, dramatically reducing the number of unresolved materials in Kosovo's judicial system. This post not only increases the efficiency of judicial processes but also contributes to fostering a more favourable environment for businesses and investors, ensuring the timely and effective implementation of legal decisions”, the communiqué says.

According to the OECAK, the intervention of the Ministry of Justice not only undermines these pillars, but also contributes to increased unpredictableness and lack of transparency about the country's legal and regulatory framework and respect for international norms and practices for completing international arbitration arrangements.

“Suspending of accounts, for the second time, as the continuation of previous cases of perceived interventions sends a disturbing signal to domestic and international investors. It questions ensuring legal protection and implementation of contracts in Kosovo. Such a climate of uncertainty is harmful to the business environment, hindering investment, economic growth, and therefore improving overall prosperity. Failure to respect power sharing violates democratic principles and Euro-Atlantic integration processes. Respecting this principle protects from the concentration of power as well as protects the independence of key institutions, including judiciary”, it is said in the communique.

The American Economic Oda in Kosovo called on the Ministry of Justice to take into account the broader implications of its actions in Kosovo's business climate. “Reconfirming dedication to the independence of the judiciary and rule of law is encouraging for economic development and investor confidence”, said in response.

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