More Harm than Good: An Analysis of the Proposal to Establish the Commercial Court in Kosovo

July 28, 2021

This paper aims to discuss and examine the current legal framework of regular courts in Kosovo, with specific emphasis on the department for Commercial Matters and the department for Administrative Matters, the findings of the FRRLS and the current draft Law on Commercial Court. The analysis starts by providing an overview of the present model and problems identified by the FRRLS. The next section gives an in-depth analysis on the draft Law on Commercial Courts and the need to establish a Commercial Court itself, as well as the associated problems, focused on the alternative to establish a Commercial Court. In the following section, the analysis will target overcoming problems identified and push towards the proper way forward. Lastly, the paper offers policy recommendations for a more efficient commercial justice, one which brings an enabling environment for Kosovo’s business community and foreign investors.

For the Albanian version, please click here.

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