Legislative Weaknesses for the Foundation and the Function of the Public Enterprises and Trade Companies in Economy Development in Kosova

Abstract

Kosovo is going through a difficult phase of social transition and problematic history. The reasons for this situation are of different nature. Until now the competent institutions, despite their commitments, do not have noticeable encouraging results with a view toward the economic growth and enhancing the employability of youth as the European Union norms require. Among the issues that require solutions and was not given priority, is the scarce and copied legislation that regulates the establishment of public companies, competences that are under the responsibility of state authorities. On the other side, the primary and secondary legislation dedicated to commercial – private enterprises establishment is more appropriated while to the partnership companies and limited partnership is not recognized the quality as a legal entity. Although the government is trying to compile and submit a compatible legislation, according to European Union standard, the establishment of a public company is still limited. The institutions with this legislation have the possibility to create only Joint Stock Companies. If we handle this issue in comparative plan we can conclude that the legislation for public companies is weak while for trade companies are unclear. For this reason not only is necessary but is emergent that state authorities, even in central and local level, engage experts that based to the economic development level, to provide appropriate legislation in way to give the possibility to the state authorities to establish other enterprises and to reconsider the possibilities to provide legal subjectivity to trade companies.

DOI: 10.5901/mjss.2013.v4n11p738