American Oda concerned with continued preferential treatment of public enterprises

Over the past few years ] specifically in 2016, 2019 and 2020 Oda the American has expressed concern over the discrimination that has been done to private companies in favour of public enterprises, respectively the fallible application of provisions for purchase “within the house” through which public authorities buy services from public enterprises contrary to constitutional provisions and the Public Procurement Law.

Disturbing continues to be the direct promotion of state mobile operator services and products, contrary to the Law provisions for Public Enterprises. The American Oda reminds state officials that Article 13 of this Law, respectively, states paragraph 13.1 clearly that all public enterprises, as well as their officials and directors, without exception, are subject to laws, regulations and illegal acts that regulate private-owned commercial societies, are said in the communique of the American Ode.

On the other hand, the American Oda has conveyed the actions of top government officials, including the prime minister, who clearly promoted the products of this public enterprise to the citizens of Kosovo and members of the diaspora, directly opposed to the provisions of the law regulating the functioning of public enterprises. The direct and indirect preferences of this public company against the private operator, respectively, a foreign investor, in a regulated market, constitutes violations not only of the provisions of the above law, but also of the highest legal act of the Republic of Kosovo Constitution, which envisions the basis for the economic adjustment of the Republic of Kosovo is the free competition market economy.

According to the American Oda, concern is also the inaction of the Competition Authority and other law enforcement bodies in Kosovo, for the protection of legitimacy and constitutionality in the Republic of Kosovo.

In conclusion, the American Economic Oda in Kosovo once again called on all institutions of the Republic of Kosovo to immediately disrupt the practice of favouring public enterprises and discrimination of private enterprises and foreign investors in the country, contrary to constitutional and legal provisions. Any other action by public authorities, who are responsible for providing equal environment for all economic, private and public operators, will further exacerbate the climate of doing business in the country and affect Kosovo's prospects for attracting foreign direct investment.