How the constitution shapes economic governance: Balancing law and economics in post-war countries

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Abstract

The Constitution of Kosovo establishes the basis of the country’s political system, the fundamental rights, and the functioning of the economy. Laws in post-communist societies are crucial for creating a reliable legal environment for economic development. This paper explores the role of the Constitution in regulating economic governance and its impact on public-owned enterprises. Also, the aim of this paper is to highlight, through this case resulting from the approach to the economy, the administration of the economy through legal norms. To present such a relationship, the case of Trepça JSC has been examined, analyzing the legal and constitutional regulations within the context of economic development. For a more comprehensive perspective, this case has been analyzed within the context of history, and politics, but not only. It can be concluded that strong state regulation is required to ensure stability, emphasizing the intricate nature of state intervention in the economy within the constitutional framework, as evidenced by constitutional and legal provisions governing public enterprises such as Trepça, with the suggestion of amendments to address regulatory gaps. The paper serves as a foundation for further research into the constitutional and legal regulation of public enterprises and their relationship with the economy. Additionally, it provides a comparative basis for future studies in this field.

Keywords: Constitution of Kosovo, Law, Economic Governance, Public Enterprises, Trepça JSC

Authors’ individual contribution: Conceptualization — Z.Ç. and N.P.; Methodology — Z.Ç. and N.P.; Data Curation — Z.Ç. and N.P.; Writing — Original Draft — Z.Ç. and N.P.; Writing — Review & Editing — Z.Ç. and N.P.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: D02, E02, K00, K10, K19

Received: 24.11.2023
Accepted: 08.07.2024
Published online: 12.07.2024

How to cite this paper: Çerkini, Z., & Podvorica, N. (2024). How the constitution shapes economic governance: Balancing law and economics in post-war countries. Corporate Law & Governance Review, 6(2), 83–92. https://doi.org/10.22495/clgrv6i2p8