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19 business organizations officially oppose compulsory membership in a National Chamber of Commerce

2024-04-15 08:06:00, Aktualitet CNA

19 business organizations officially oppose compulsory membership in a National

19 business associations and chambers of commerce have addressed a letter to the Minister of State for the Protection of Entrepreneurship, Delina Ibrahimaj, where they oppose the draft law that provides for the mandatory membership of all businesses in a National Chamber of Commerce.

In the letter, the businesses state that, while the organization of businesses in the Chamber of Commerce is a good form of development and conveying the opinion of any type of business category, they are concerned about the mandatory membership of the business.

"This contradicts our constant effort to protect the fundamental constitutional right of enterprise to be free, to organize in public or private associations.

The presented model does not provide arguments as to why the executive is thinking of moving from a liberal system to a system with compulsory membership and regulated by law of the organization of Chambers.

Here we have the opportunity to emphasize that the individual's freedom to choose is the essential feature of free enterprise. We believe that before moving towards a new organization of Public Chambers, a detailed analysis and evaluation of the performance and functions of the current Public Chambers, which have in their mission, the provision of services and various forms of training, should be completed. ,” the letter says.

According to the business associations, a study of the services that have been provided to date by the existing structures is needed, to clarify the problems that have appeared in the performance of these public trade organizations, as well as the way the new draft law intends to solve them through restructuring.

According to business organizations, the free-will choice of receiving certain services in exchange for a membership fee is the effective market mechanism that makes the business relationship functional.

"The draft law talks about business registration fees based on the annual turnover, without giving explanations about the nature of the services that will be offered according to the business categories, or a list of the benefits that the business will have, according to the category where they will be members compulsorily.

The model of the draft law presented for mandatory membership in the National Economic Chamber brings only costs, both for the state budget and for business," the reaction states.

The entities state that, although registration in public chambers of commerce has been practiced in some European countries, this is not only a result of their important historical role, but also because these countries have delegated to these chambers the right to carry out duties and services of public authorities.

Functionalities of the KKB, such as the administration of the commercial register, the functionality of employment activities, the catalog of professions, the regulation of the market and the issuance of documents for international trade, etc., are services offered to member businesses, part of the Public Chambers of Commerce. The draft law does not foresee that the newly established Chamber of Commerce will have such functions and will be able to offer these services to its members.

According to business associations, the operation of the National Chamber of Commerce should respect free speech and dissent, as a fundamental feature of democracy.

"Businesses that are compulsorily registered in public chambers that depend on and are financed by the state, call into question the exercise of this fundamental right. The draft law provides that for a period of two years, the Albanian state will finance the National Economic Chamber, thus creating precedents of dependence and imposition of opinion. Also, in the draft law, it is determined that the Minister will be the authority that will approve the statute and fees. In this context, it is important that the bill reflects and fully ensures the freedom and independence of businesses to express their opinions without influence or restriction.

We once again express our main opposing position related to the mandatory membership in the National Chamber of Commerce, which envisages unifying and controlling the activity of business organizations in the country. Our common position is that every individual involved in business and every company that carries out activity in the Republic of Albania should enjoy the right to become part of the organization, association, chamber that best represents him, including the right not to become part of any of them. Also, we emphasize the necessity of an analysis that guarantees an effective reformation of the system of business representation in Albania, as well as more efficient methods of public consultation," the letter states.

The letter was signed by the American Chamber of Commerce (AMCHAM), the German Chamber of Commerce in Albania (DIHA), the Italian Chamber of Commerce in Albania (ÇIA), the French Chamber of Commerce in Albania, Confindustria Albania, the Association of Foreign Investors in Albania ( FIAA), Albanian Association of Banks (AAB), International Chamber of Commerce (IÇ Albania), Greek Business Association in Albania (HBAA), Albanian Renewable Energy Association, National Association of Real Estate Brokers (NAREA), Association of Builders of Albania, Chamber of Commerce and Industry Albania-Great Britain, Albanian Electronic Commerce Association (AECA), Albanian Information Technology Association (AITA), Association of Insurers of Albania, Association of Life, Pension and Fund Insurers of Investment, the Women's Economic Chamber and the Albania-Japan Chamber of Commerce and Industry.

The draft, the government aims to create a public Chamber with mandatory membership, and to exclude business associations

The National Economic Council has recently distributed to business associations a new model of business representation, through which the government will practically "monopolize" the representation of businesses in the Chamber of Commerce and Industry.

The essence of this model includes the reorganization of the current model towards the pure model of public law, respecting the principles of a unified system, with a sectoral approach and regional division. The reform envisages the strengthening of the position of the Public Chamber and the creation of the Unique National Economic Chamber. Membership of commercial entities will be mandatory in accordance with constitutional norms and international models.

Quotation will be scaled based on type and annual turnover, with a symbolic minimum quota for small businesses, with sectorial and regional representation.

This model, according to the report, would foster a unified business voice and promote a regular dialogue with state bodies for business promotion and development.

The report calls the high number of business organizations problematic, with more than 180 associations. According to the report, there is an irregular level of sectoral representation, regional and international representation, as well as there is poor accountability and transparency of the chambers' activity and a lack of cohesion and partnership with the bilateral Chambers.

The role of creating this new model has been left to the Minister for Entrepreneurship, who will set up a temporary Commission with the objective of setting up the new chamber system and organizing the first elections of the governing and decision-making bodies within two years from the entry into force of law.

The temporary commission will prepare the by-laws and the elections in the system of the National Economic Chamber and the sectoral Chambers, marking the dissolution of the Temporary Commission with the election of the governing bodies.

The initial financing of the National Economic Chamber will be subsidized by the state for a period of 2 years, starting from the moment the commission's work begins./ Monitor.al