Original scientific paper
COAST - RELATED LEGAL PROBLEMS (IN THE LIGHT OF EUROPEAN AND CROATIAN LAW)
Vanja Seršić
orcid.org/0000-0003-2657-5067
; Rab
Jakob Nakić
orcid.org/0000-0002-0128-7627
; Rijeka
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.
Keywords
coast; maritime domain; integrated management; spatial planning; integrated coastal zone management
Hrčak ID:
144405
URI
Publication date:
8.9.2015.
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