The recent establishment and practice of its Commercial Court – along with other legal developments and the government's push on energy – signify a shift towards impartiality, transparency, and investor-friendly policies in Kosovo, according to Sejdiu & Qerkini Managing Partner Korab Sejdiu.
“One of the most noteworthy recent developments in Kosovo is the establishment of the Commercial Court, comprising both first and second instances of decision making,” Sejdiu begins. “This is particularly important because, in addition to handling commercial, competition, and bankruptcy matters, the court also addresses administrative challenges brought by businesses against public bodies,” he explains.
The Commercial Court seems to have changed the prior practice of the courts – favoring the public institutions in their decision-making – and is addressing administrative matters more justly, Sejdiu continues. According to him, this also means “ensuring impartiality and preventing undue influence.” Moreover, this change significantly “benefits businesses and investors by providing a more impartial and just legal environment. It ensures that administrative decisions are scrutinized more objectively, fostering a fair business environment and promoting investor confidence in Kosovo.”
Additionally, Sejdiu reports that “the Business Registration Agency in Kosovo recently made a decision that requires all documents related to changing shareholders in companies and appointing managing directors to be notarized in Kosovo, even for online transactions.” This decision has caused some concerns, Sejdiu explains, especially for “foreign investors who now face an additional administrative hurdle.” According to him, the legality of this requirement is questionable. “The agency is reportedly considering allowing these documents to be notarized in other countries, which would ease the process for foreign investors,” he says.
Moreover, in addition to these major developments, Sejdiu reports that Kosovo has seen the passage of various laws, including the law on cybersecurity, the law on judicial experts, a new anti-doping law, and a plethora of international agreements to finance the energy sector and the country’s infrastructure. “The legal landscape is constantly evolving,” he stresses.
And indeed, the government is focusing, in addition to daily matters, on the energy situation in the country. “The government has made the energy sector a top priority, especially given the challenges posed in the last few years by the rising energy prices and frequent blackouts,” Sejdiu explains. “In response to these issues, the government has substantially invested in renewable energy sources and provided subsidies for both the energy sector and homeowners. These initiatives aim to enhance energy production, reduce dependence on conventional sources, and make energy more affordable for citizens,” he highlights in conclusion.