Pregledni rad
Amendments to the decision on concession of maritime demesne
Vanja Seršić
Sažetak
In this article, an analysis is made of a decision of the Republic of Croatia which is, according to the author’s opinion, legally unfounded. Namely, it is based on erroneous premises about the authority of the state in the process of the concession of ports for particular purposes, which belong to the category of ports of interest to the Republic of Croatia, according to the criterion of the number of ports in the system. This criterion for declaring a port for a particular purpose was introduced by a decision of the Republic of Croatia which was reached exclusively for the reason that a single subject, that is, a corporation be placed in a special business regime. This was done because the state is the majority shareholder of that corporation. Thereby, the principles of market competition prescribed in the Constitution of the Republic of Croatia were almost certainly destroyed. The most important implication of such a decision is its interference with ownership relations in the very company itself in which the debts of that corporation made on the basis of non-payment of concession fees to the other grantor are transformed into a proprietary share of the state. This, according to the author’s opinion, is illegal and unlawful.
Ključne riječi
ACI; maritime demesne; ports for particular purposes; ports in the system; decision; concession; increasing capital stock
Hrčak ID:
38230
URI
Datum izdavanja:
23.6.2009.
Posjeta: 2.699 *