COMMERCIAL JUSTICE ACTIVITY

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Commercial Justice Activity prepares future professionals
Commercial Justice Activity prepares future professionals
USAIDKosovo

The Commercial Justice Activity is a five-year initiative designed to reduce opportunities for corruption and improve businesses’ and the public’s perceptions about corruption. It helps improve the resolution of commercial disputes and enforcement of judgments as well as help businesses understand the processes that enhance investment and promote economic growth in Kosovo.

IMPROVE COMMERCIAL DISPUTE RESOLUTIONS AND THE ENFORCEMENT OF JUDGEMENTS

The activity helps reform core aspects of Kosovo’s commercial justice environment, collaborating with partners and institutions to: create a single commercial court to handle all commercial cases and business-related administrative cases, train judges and court staff to handle commercial disputes effectively, and institute professional standards and performance indicators for Private Enforcement Agents. These reforms aim to improve perceptions among businesses of the integrity of Kosovo’s commercial justice institutions.

INCREASE USE OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS 

Alternative dispute resolution methods (ADR), such as mediation and arbitration, resolve commercial disputes outside of the courts, which expedites resolutions and saves businesses money.  Kosovo has strong legislation that enables arbitration use, yet only a handful of cases are arbitrated each year because businesses are unaware of ADRs and their benefits.  Through outreach and information-sharing, the activity expands public awareness and the use of alternative methods for resolving disputes.

IMPROVE REGULATORY ENVIRONMENT AND STRATEGIC COMMUNICATIONS 

Through this activity, USAID supports systematic and effective coordination among Kosovo’s commercial justice institutions.  It works with these institutions to: define roles and responsibilities to minimize duplication and conflict, improve coordination on legislative and regulatory initiatives with the public, build capacity to strategically communicate across institutions and with the public, and clarify and harmonize the broad and sometimes conflicting range of laws applicable to businesses.  

CROSS-CUTTING ACTIVITIES 

The activity is designed to reach Kosovo’s non-majority populations.  Interventions work to increase women’s representation in commercial law professions as well as increase women’s access to commercial justice.  Additionally, the Commercial Justice Academy initiative targets young people, offering internships to law, economic, and business students to improve their commercial law expertise and increase their competitiveness to prospective employers.

KEY RESULTS 

  • Secured passage of legislation to create a single Commercial Court to handle all commercial cases and business-related administrative cases at both trial and appellate levels. 
  • Completed delivery of the Commercial Law Training Curriculum with a Train-the-Trainer program to train judges, court staff, and legal professionals on core commercial law topics.
  • Launched the Enforcement Management System (EMS) application, which will improve access to private enforcement agent performance information and streamline enforcement.
  • Completed development of 23 professional standards for private enforcement agents. 
  • 32 interns (78% women) placed at several commercial justice counterpart institutions with program support to gain real-world commercial justice experience.
  • Increased mediated civil cases from 71 cases in Year 1 to 894 cases in Year 3 – an increase of 1,159%.

Project Duration:    February 2019 – February 2024        

Partner:                       Dexisonline                           

Contact:                      Zana Berisha

Last updated: September 16, 2022

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