Utvrđivanje granice pomorskog dobra de lege lata i de lege ferenda
Determining the Boundary of the Maritime Domain de Lege Lata and de Lege Ferenda

Summary/Abstract: The maritime domain in the Republic of Croatia has a special legal status – it represents a common good, res extra commercium, so it is outside the ownership regime and is managed by the Republic of Croatia according to special regulations. Such a definition of maritime domain, which includes the sea coast, has great consequences for its overall use, protection and economic activities, which must be performed on the maritime domain under special regulations based on a concession or concession approval. Although the demarcation of the maritime domain in the field is extremely important, in practice it is extremely slow and is done only upon request – which leads to serous legal uncertainty. For more than 30 years since its independence, the Republic of Croatia has not had a precisely defined border to its maritime domain. Therefore, the existing model for determining the boundary of the maritime domain on the ground needs to be modernised and a goal must be set – determining the boundary of the maritime domain on the entire Croatian coast, which would not only legally harmonise the situation, but also increase legal certainty. The existing literature on the maritime domain speaks of the legal nature of the maritime domain, border demarcation, economic use, and other aspects, but not enough is written about the organisational and procedural preconditions for extensive work to be done on delimiting the maritime domain in the Croatian Adriatic.

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