6 Forum 2015
Post Bulgarian Plan– Beware <strong>of</strong> the last minute deal! Luan Shllaku and Lumir Abdixhiku We all want electricity and a highway. We also wish pr<strong>of</strong>itable privatization. But, we should accomplish all this without abusing with economic potential <strong>of</strong> the country and the rule <strong>of</strong> law. <strong>The</strong>se things should be done by heart, but also in style! <strong>The</strong> Government has started privatization <strong>of</strong> big publically owned enterprises and started carrying out two big investment projects, in infrastructure and energy. This marks a new period <strong>of</strong> development <strong>of</strong> the country when, on one side, there are plans to sell our biggest and most pr<strong>of</strong>itable assets and, on the other hand, big investment projects are initiated, which are to be paid by taxpayers money, such as the case <strong>of</strong> the highway Morinë – Merdar, and with the money <strong>of</strong> foreign private investors, in the case <strong>of</strong> investments in thermo-energy. This important development project should be viewed from two aspects, the economic one: (1) what are benefits <strong>of</strong> Kosovo from privatization and investment, and the rule <strong>of</strong> law (2) how transparent, responsible and based on applicable legislation was this process. Below have been provided 10 moments showing that this entire process, which is characterized with unseen haste in privatization and great delays in investment in energy, misuses our economic potential and democratic rules that should accompany these big projects. 1 <strong>The</strong> thermo-energy project. Following the stubborn insistence <strong>of</strong> the past two governments, on negative scenarios <strong>of</strong> building the Power Plant Kosova e re, with the capacity <strong>of</strong> 2100 MW, as well as elimination <strong>of</strong> these scenarios, after the pressure <strong>of</strong> the civil society and some <strong>of</strong> international organizations, this project continues to produce negative modalities that do not suit Kosovo at all. Almost the same external actors, with exception <strong>of</strong> European Union, present us with even more damaging scenarios for the economy <strong>of</strong> Kosovo that violate relevant Kosovan, regional and European laws. It is about the dangerous tendency to establish monopoly in the energy market. What is going on? Some international organizations that have been involved since the beginning in assisting us to better prepare this investment, have, through their transaction advisors, convinced (read: ordered!) the Government <strong>of</strong> Kosovo to give (read: give away!) the PP Kosovo B to the future owner <strong>of</strong> the PP “Kosova e re”. <strong>The</strong> Parliament <strong>of</strong> Kosovo was obedient and approved the request <strong>of</strong> the Government that the PP Kosova B be included in the tendering package as future property <strong>of</strong> the new owner. For the wellinformed in economy and energy, this scenario is unbelievable because it causes an absolute monopoly in our electrical energy market and considerably reduces chances <strong>of</strong> receiving appropriate compensation from this investment. It can easily be seen that this monopoly is punishable by the Kosovo Law on Publicly Owned Enterprises, the Energy Union Treaty (Article 2b,e, Chapter IV, Article 18, a, b, Annex III, Articles 82 c, and 86, paragraph 2), signed in Athens in 2005, and its observation is rooted in the 7 <strong>The</strong> <strong>Weakest</strong> <strong>Link</strong> <strong>of</strong> Kosovo’s <strong>Democracy</strong> forum 2015