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English News

Business Court!

Nowadays Albanians "celebrate" the 30th anniversary of the fall of a bust, a symbol of a savage regime imposed by the victors of World War II, and today, over the past 30 years, we have not ceased to hear calls for unity against "her" or "him", this "cast" or that "side". Many people call it democracy!

Freedom of thought and speech is guaranteed, the willingness to join a political group or not dealing with it, is everyone's individual choice, but the sense of belonging to a State and having a State that protects the public interest and its citizens interest is fundamental and cannot be balanced with any other private or public interest. Why do people care so little about the problems of the State, and with the State I consider every institution funded by the State budget, but we still have the mania to make deals with the people we have delegated to represent it?

Because, as a society, I think we still are failing to adopt the idea of ??the State that is governed by clear laws and regulations, but we see the State in the eyes of those who come and go and who (during their mandate) are personified as State itself. This logic and way of thinking, now with clear evidence, is a total bankruptcy of the legal State and undermines legal certainty and further prevents us from building the future of our country.

In an interview with an Italian colleague, partner of an International Law Firm with 30 years of experience in business and foreign investment, I got encouraged and took up the opportunity to handle a phenomenon that directly affects income, employment, welfare and furthermore, phenomena that are recently becoming worrisome as the abandonment of Albania and seeking livelihood abroad. The colleague placed under discussion the legal certainty as an important criterion for attracting foreign investment in Italy, where Italy itself had this problem related to the frequency of changes in laws regardless of the consequences for the economy. For every country, foreign investment, which for a country like Albania occupies an important place in the economy, is very much related to the legal certainty that must be afforded to anyone, and that foreign investors consider it as the top priorities in order to make the choice of their investments abroad.

Today that we are talking, the Supreme Court and Constitutional Court have gone into hibernation and, following the statistics that are publicly available in relative percentage by the KPK, we are likely to bring down both the Courts of Appeal and the Courts of First Instance, where are to be judged the commercial cases with an impact in the economy of the country.

The situation gets worse when it is noted that, legally, it takes the same time and importance in judgement a pension or rent case as well as a commercial one. What is the guarantee given to a foreigner to invest in a country like Albania where the normative laws may look good but their implementation changes the scope of the law itself, when the customs and tax administration in many cases operate with absurd standards endangering current investors and turning away those who want to come when Courts have different interpretations from one to another Court (there are many cases) and from one judge to another in the same Court.

The Business, investment and investors are national assets, generating development and employment, and therefore they cannot and should not receive the same treatment regarding to their treatment in relation with State Administration and Courts but should be comfortable in doing the business. We need to take seriously the mentality of the public administration and especially of the Courts dealing with businesses because the future of the Albania and the Albanians depend on this behavior.

The Court Unification in practice, and furthermore the equal treatment and standard of a business category, come only by creating a single commercial section in national rank which is dedicated solely to commercial relations by amending the Code of Civil Procedure with speedy deadlines and objective decision-making. This standard, as a real support to business problems, would greatly help our foreign policy but also those people who do business. Lastly, I am of the opinion that making a State is certainly the duty of those people who are politically mandated but it is also the duty of all citizens, so that we will not be only the subject of criticism in social networks or around in cafés but to start making the first rule of operating a State to pay all taxes.


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