How Independent are Regulatory Authorities in Kosovo?

19.10.2017 Visar Sutaj

In democracy, the independence of regulatory authorities is a precondition in strengthening the separation of powers and regulating the markets. Above all, how independent are regulatory authorities determines the quality standards and access conditions in the sectors being regulated. However, if subject to external interference, be it political or industry related, their sustainability is undermined.

To what extent regulatory authorities in Kosovo are independent is the main question of concern of this study. It is judged based on the extent the authorities are institutionally, functionally and financially independent from the state and political interference.

This report covers the most critical dimensions of regulatory independence in competition, railway, telecom, and the energy sector. It gives an overview of the current state of regulatory performance and challenges in the regulatory system based on data drawn from experts and officials in working for respective authorities and findings from reliable sources, including the audit reports of the National Audit Office (NAO). The regulatory authorities which are subject of this study include the Kosovo Competition Authority (KCA), Railway Regulatory Authority (RRA), Regulatory Authority of Electronic and Postal Communications (RAPC), and Energy Regulatory Office (ERO). While regulatory authorities share similarities in terms of composition and role, there are many differences which come across, that also depict the level of institutional independence.