The transposition of EU state aid rules to Kosovo legislation: legal aspects and implications

Session

Law

Description

The rules on state aid in Kosovo should be in compliance with the obligations that the country has assumed with the Central European Free Trade Agreement (CEFTA - 2006) the Energy Community Treaty (2006) and later with the Stabilisation and Association Agreement (SAA – 2016). The shortcomings are numerous and evident. Therefore the objective of this paper is to highlight such shrtcomings which consist of as in the following: how far Kosovo fulfiled the aforementioned international obligations in the filed of state aid ?, what does this set of rules currently require of Kosovo?, what is the applicable legal framework in the field of state aid and the shortcomings of the existing Law on State aid, what are the new principles and criteria any new draft Law on State aid should take into consideration, what are the issues to be regulated by the institucional control of State aid as well as detailed requirements in regard with State aid assesment, monitoring and reporting. The paper concludes that any legislative changes that may consist of the new Law on State aid shold be clear in defining the principles, procedures and conditions for granding state aid as well as in state aid monitoring procedures on revocation of state aid. Further, in addition to the amendments to the Law on State aid, the adoption of secondary legislation with the EU state aid acquis is of high importance and complements it.

Keywords:

State aid rules, Stabilisation and Association Agreement, EU acquis.

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-50-5

Location

UBT Kampus, Lipjan

Start Date

29-10-2022 12:00 AM

End Date

30-10-2022 12:00 AM

DOI

10.33107/ubt-ic.2022.260

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Oct 29th, 12:00 AM Oct 30th, 12:00 AM

The transposition of EU state aid rules to Kosovo legislation: legal aspects and implications

UBT Kampus, Lipjan

The rules on state aid in Kosovo should be in compliance with the obligations that the country has assumed with the Central European Free Trade Agreement (CEFTA - 2006) the Energy Community Treaty (2006) and later with the Stabilisation and Association Agreement (SAA – 2016). The shortcomings are numerous and evident. Therefore the objective of this paper is to highlight such shrtcomings which consist of as in the following: how far Kosovo fulfiled the aforementioned international obligations in the filed of state aid ?, what does this set of rules currently require of Kosovo?, what is the applicable legal framework in the field of state aid and the shortcomings of the existing Law on State aid, what are the new principles and criteria any new draft Law on State aid should take into consideration, what are the issues to be regulated by the institucional control of State aid as well as detailed requirements in regard with State aid assesment, monitoring and reporting. The paper concludes that any legislative changes that may consist of the new Law on State aid shold be clear in defining the principles, procedures and conditions for granding state aid as well as in state aid monitoring procedures on revocation of state aid. Further, in addition to the amendments to the Law on State aid, the adoption of secondary legislation with the EU state aid acquis is of high importance and complements it.