Judicial procedure based on the competencies of the Special Chamber of Supreme Court of Kosovo and Kosovo Privatization Agency

On 06 March 2018, the Academy of Justice within the Continuous Training Program conducted training on: “Judicial procedure based on the competencies of the Special Chamber of Supreme Court and Kosovo Privatization Agency”. 

The purpose of this training was to deepen the knowledge of judges regarding judicial proceedings developed at the Special Chamber of the Supreme Court of Kosovo and proper implementation of legal provisions relating to competencies of this Chamber, as well as the role of the Kosovo Privatization Agency.

The training was dominated by the following topics: functional competence with the focus on Special Chamber, applicants and opponent parties in the Special Chamber and the scope of the administrative competencies of KPA. Also during this training was treated the transformation of enterprises in one or more corporations and the selling of shares. The mandate of KPA including every action that the agency considers proper and reasonable, within the boundaries of the administrative sources of the agency, in order to enable better selling, liquidation,  transfer or any other solution of the enterprise, the asset or the interest under state ownership. 

Also, it was mentioned that the Article 4 of the applicable law on SCHSC, is the one that determines the exclusive jurisdiction of the Special Chamber. According to this provision, the SCH has the competence to decide on all cases and procedures related to objection against a decision or action of KPA, or requirements of the parties alleging to any right, title or interest administrated by KPA. The competence issue gained a special attention during the discussions, since lately there were several cases when the basic court turned the cases to the Special Chamber even that this Chamber has provided its decision about the lack of jurisdiction.

These and other dilemmas were raised by the participants and were dealt through interactive debates, questions raised by the participants and explanations and responds provided by trainers providing as such legal based conclusions.

Beneficiaries of this training were Judges of the Special Chamber of Supreme Court, Judges of Basic Courts – Civil Division and KPA officials.