Pravni problemi morske obale (u svjetlu europskog i hrvatskog prava)
Coast - related legal problems (in the light of European and Croatian law)
Author(s): Vanja Seršić, Jakob NakićSubject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: maritime coast; maritime domain; spatial planning; integrated coastal zone management; European law; Croatian law;
Summary/Abstract: Coast - related legal problems is a paper designed in such a way that it presents current legislation up to Croatian accession to the European Union, and the applicable law after joining the European Union, together with the available jurisprudence of European courts, all in relation to the issue of the coastline as a part of Croatian maritime domain. The paper emphasizes the ignorance or lack of knowledge of the legislator when adopting the regulations concerning the issue of the coast. This has caused inconsistency and confusion in the application of reference regulations and, eventually, the legal uncertainty in this domain in the Republic of Croatia. The paper further indicates possible directions of problem-solving through the implementation of integrated coast management, the anticipation of new solutions, and pointing to the obligation of complying with European legislation, in particular with precedential decisions of competent European courts.In conclusion, it is suggested that our theorists and practitioners, who are engaged in the regulation of the matter that refers to the coast, unfortunately, do not respect the EU rules and jurisprudence, which have become an integral part of our positive law. Thus, the Republic of Croatia has been exposed to the risk of being accused of disrespecting the law by the EU and several interested parties, as well as sanctioned in terms of European jurisprudence, without even being aware of the same risk. Furthermore, seeing the coast as a natural resource that Croatia has by far not used properly is a necessity imposed on Croatia as one debt-ridden country, in case it wishes for economic progress to the country and its inhabitants.
Journal: Poredbeno pomorsko pravo
- Issue Year: 54/2015
- Issue No: 169
- Page Range: 359-391
- Page Count: 33
- Language: Croatian