Original scientific paper
https://doi.org/10.30925/zpfsr.38.1.9
PROTECTION OF PUBLIC INTEREST IN DISPOSAL OF PUBLIC GOOD
Aleksandra Popovski
; Faculty of Law University of Rijeka, Rijeka, Croatia
Abstract
The interest of the community regarding the use of public good is legally
acknowledged as a public interest. In order to protect the public interest, a person
of public law is not allowed to alienate the public good, nor burden it with certain
forms of security rights. The power to dispose the public good is reduced to issuing
licenses for the temporary and revocable use of the good that goes beyond general use.
Approval may be issued in the form of an administrative act, concession or contract.
Administrative act and concession enable the application of various remedies by
which person of public law may protect the public interest. On the other hand, the
contract as a legal basis for the use of public good does not allow a person of public
law to enforce authoritative action and immediately protect the public interest.
Nevertheless, administrative act and concession are underrepresented in the Croatian
legislation, while contract has been given considerable space. Therefore, the subject
of the article is the analysis of the regime of disposal of the public good, in order to
critically address the adequacy of Croatian positive regulation from the viewpoint of
the protection of the public interest, as well as to propose regulatory intervention in
order to improve the present legal framework.
Keywords
public good; property; disposition; general use; special use; administrative act; concession; contract
Hrčak ID:
178146
URI
Publication date:
10.3.2017.
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