KOSOVO Law and Practice Contributed by: Ardian Rexha, Nora Grajcevci Mehmeti and Vjollca Hiseni, Rex Law Partners
Rex Law Partners Fifth Floor No 128, Ukshin Hoti Street 10000 Pristina Kosovo Tel: +383 49 780 430 Email: info@rexlawpartners.com Web: www.rexlawpartners.com
1. Legal System 1.1 Legal System and Judicial Order
An investor can apply for strategic investment status in order to benefit from priority treatment, economic facilitations and specialised state support. This status is given to investors aiming to invest in the following priority sectors: • manufacturing and processing; • agriculture; • information and communication technology; • education and training, research and innovation; • health; • tourism; • sewage and waste administration; • transport; • energy; and • mines. An investment must reach a minimum value of EUR10 million to be eligible for designation as a strategic investment. A strategic investment can be subject to “additional verification” screening if it is likely to affect public order or state security. The screening is particularly relevant for investments involving the following sectors: • critical infrastructure; • critical technology and dual-use goods under applicable legislation; • supply of critical goods, including energy, raw materials and food; • access to or control over sensitive information; and • media freedom and pluralism.
Kosovo observes a legal system largely derived from the continental civil law tradition. The main sources of law consist of the Constitution at the top of the legal hierarchy, followed by codes, laws and international conventions incorporated as part of the internal legal system via ratification in the Assembly of Kosovo. The judicial system is established in the Constitu - tion as well as Law No 06/L-054 on Courts and its subsequent amendments. The court system consists of seven basic courts, the court of appeal and the Supreme Court, as well as the Commercial Court and the Administrative Court, which have jurisdiction over economic and administrative disputes. Finally, the Constitutional Court operates independently and handles all cases that involve the interpretation or conformity of laws with the Constitution. 2. Restrictions on Foreign Investments 2.1 Approval of Foreign Investments Foreign investors and investments in Kosovo are afforded the same legal rights and obligations as domestic investors, pursuant to Law No 08/L-209 on Sustainable Investments. As such, no general govern - mental approval is required solely on the basis that an investment is made by a foreign investor. However, specific approval requirements may apply in relation to strategic investments and investments that may affect public order or national security.
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