Session
Law
Description
Provided in the EU Treaty (Arts 107-109 TFEU) and applied in the EU institutional level and the EU Member States, the State Aid rules are also provided as criteria to be achieved for the WB by being included as parts of the respective Stabilization and Association Agreements (SAAs) signed between the EU and each of Western Balkan (WB) countries. In this regard, the SAA between EU and Kosovo has provided the relevant provisions for Kosovo to be properly implemented in the national legislation. The respective SAA provision (Arts. 74, 75) have outlined certain requirements to be achieved such as: it requires Kosovo to refrain from providing state aid (Art 75(1)) SAA; the authorities are required to assess the state aid measures based of the criteria deriving from the article 107 TFEU (Art 75(2)) SAA; the Kosovo authorities are required to gradually approximate the national legislation with the EU Acquis (Art 74(2)) SAA; Kosovo should have/ establish an operationally independent authority entrusted with powers necessary for the full application of state aid (Art 75(5)) SAA; Kosovo should also establish/ create an inventory of aid schemes and align such aid schemes with the respective criteria and state aid rules (Art 75(6)) SAA.
Therefore, this article will be focused on highlighting the existing legal shortcomings and gaps in the Kosovo legislation (the Law on State Aid and other respective bylaws) and to identify the measures to be taken in order to complete its aligned legal base in this field with the EU acquis. Performing the approximation of legislation and taking the respective measures in the above mentioned state aid components would properly address the challenging issues towards fulfilling the respective EU requirements provided in the SAA.
Keywords:
State Aid Rules, EU Law, Western Balkans, Stabilization and Association Agreements
Proceedings Editor
Edmond Hajrizi
ISBN
977-9951-550-47-5
Location
UBT Kampus, Lipjan
Start Date
30-10-2021 12:00 AM
End Date
30-10-2021 12:00 AM
DOI
10.33107/ubt-ic.2021.142
Recommended Citation
Tota, Elton, "State Aid rules in Kosovo: the need for approximation with EU acquis" (2021). UBT International Conference. 72.
https://knowledgecenter.ubt-uni.net/conference/2021UBTIC/all-events/72
Included in
State Aid rules in Kosovo: the need for approximation with EU acquis
UBT Kampus, Lipjan
Provided in the EU Treaty (Arts 107-109 TFEU) and applied in the EU institutional level and the EU Member States, the State Aid rules are also provided as criteria to be achieved for the WB by being included as parts of the respective Stabilization and Association Agreements (SAAs) signed between the EU and each of Western Balkan (WB) countries. In this regard, the SAA between EU and Kosovo has provided the relevant provisions for Kosovo to be properly implemented in the national legislation. The respective SAA provision (Arts. 74, 75) have outlined certain requirements to be achieved such as: it requires Kosovo to refrain from providing state aid (Art 75(1)) SAA; the authorities are required to assess the state aid measures based of the criteria deriving from the article 107 TFEU (Art 75(2)) SAA; the Kosovo authorities are required to gradually approximate the national legislation with the EU Acquis (Art 74(2)) SAA; Kosovo should have/ establish an operationally independent authority entrusted with powers necessary for the full application of state aid (Art 75(5)) SAA; Kosovo should also establish/ create an inventory of aid schemes and align such aid schemes with the respective criteria and state aid rules (Art 75(6)) SAA.
Therefore, this article will be focused on highlighting the existing legal shortcomings and gaps in the Kosovo legislation (the Law on State Aid and other respective bylaws) and to identify the measures to be taken in order to complete its aligned legal base in this field with the EU acquis. Performing the approximation of legislation and taking the respective measures in the above mentioned state aid components would properly address the challenging issues towards fulfilling the respective EU requirements provided in the SAA.