Based on these responsibilities Kosova had its own institutional structure which enabled a performance of its state function. Within the framework of choosing its status, Kosova should establish a new institutional structure which is in harmony to its modern needs, demands of market economy and the state of law.
The institutional network needed to ensure the responsibility of the independence of law-issuing, executive and legal power is of a primary importance in establishing a stimulating institutional environment of economic development.
In this respect, alongside state bodies (parliament, government, ministries) there exists also a network of bodies, governmental and non-governmental institutions, which create a modern infrastructure for impleme-nting transition and economic development. Considering budget limitations one should move towards a creation of rational state administration, however competent and efficient. Its rational organization should enable a computari-zation of functions and personnel training in order to achieve wanted competence. The competency should be ensured through transparency.
Besides the classical state structure: Parliament and its bodies, Government, state ministries and institutions (statistics and informatics), at this phase, the institutional network should be comprised also by various agencies (restructuring, privatization, financial market, development). These agencies may be state-owned, and function as non-governmental agencies or combined. An important role can be played by funds (development fund, capital of pension insurance fund, investment funds). Likewise, an institutional structure should see to it from the very beginning that social control is ensured in the process of transition and privatization and transparency ensured. In this respect, an independent institution of audit and social control is necessary. Technical assistance in personnel training these institutions is very important.
The new legislation infrastructure represent important aspects of an institutional environment, should be harmonized with standards of the market economy and its integration in a way to be in harmony with aims for creating compatible institutions in order to avoid hindrances in communi-cation and cooperation. Thus, a "local legalization" is avoided.
The market economy is based on certain postulates which cannot be ignored neither in legislation or practice. In a market economy, Chamber of commerce, industries, and business associations should carry an important role in lobbying for business, and ensuring an elaboration and approval of laws, as well as business habits, and solution of contests through arbitrage, especially of economic-business contests.
The system of laws enabling a regulation of an institutional environment should be created by the following:
(1) Law on mandatory relations,
(2) Law in foreign capital investment (joint ventures),
(3) Antimonopoly law,
(4) Law on privatization,
(5) Law on corporations,
(6) Labour Law,
(7) Law on taxes,
(8) Law on Foreign Trade,
(9) Law on Intellectual Property,
(10) Law on Concessions,
(11) Law on Investment Funds,
(12) Law on payment transactions,
(13) Law on social protection and social security,
(14) Law on standardization,
(15) Law on consumer protection,
(16) Law on securities stock exchanges and bourses,
(17) Law on free zones,
(18) Law on cooperatives,
(19) Law on the Central Bank of Kosova,
(20) Law on banks,
(21) Law on insurance organizations (associations),
(22) Law on bankruptcy,
Through the activity of law or regulative adoption which forms the institutional environment in the market economy, based on the constitution, juridical valid guarantees are established. This helps reach property protection and guarantee on a formal plain, guarantee of contracting, guarantee of non-retroaction of legal dispositions, guarantee of free formation of associations (enterprises) and their free integration, guarantee of a national treatment of foreigners dealing with an economic activity in our country, guarantee of non-application of new dispositions (except in the case of a better positioning) in contracted juridical works, guarantee of achieved rights, guarantee of free transfer of profit. With all these guarantees on the plain of juridical regulation the "principle of juridical security" is elevated in the juridical system, having a great meaning for all the business relations, especially those with the foreigners, for both physical and juridical subjects. In this way, the juridical system and legal regulation attain a consolidated form, assuring the equality of subjects and actors in a market economy.