Title: Privatisation process in Kosovo: characteristics, property and legal perspective

Authors: Ardrit Gashi

Addresses: Faculty of Law, University of Prishtina 'Hasan Prishtina', St. 'Agim Ramadani', Prishtina, Republic of Kosovo

Abstract: The paper presents a theoretical and practical research endeavour aimed at elucidating various distinct aspects of an ongoing process of privatisation in Kosovo. This process is notable for its unique features and challenges. One fundamental characteristic and, at the same time, an issue within this process, is its primary focus centred around socialist property/socially owned enterprises, distinct from public or state property/state-owned enterprises. These concepts remain ambiguous, particularly in context of investments and real estate markets trends. To provide a comprehensive understanding of this process, this research offers a concise overview of the economic and legal context of property, as well as emphasising the underlying of legal framework governing privatisation process and models. A crucial element of the process involves the allocation of privatised property through long-term leasehold to private individuals. It is important to note that within Kosovo and its neighbouring regions, the concept of leasehold is not formally recognised by property law. This study confronts numerous challenges arising from the unique approach, resulting in a significant number of property related claims. By exploring the complexities, it aims at evaluating whether the process qualifies as privatisation in its strictest sense.

Keywords: Kosovo; law; privatisation; property; socially owned enterprise; property rights.

DOI: 10.1504/IJPL.2024.142077

International Journal of Private Law, 2024 Vol.11 No.2, pp.136 - 154

Received: 04 Nov 2023
Accepted: 17 May 2024
Published online: 07 Oct 2024 *

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