Review article
https://doi.org/10.31141/zrpfs.2020.57.135.211
Disputable aspects of granting concessional permits in maritime demesne in administrative court practice
Silvio Čović
; Upravni sud u Splitu, Split, Hrvatska
Abstract
The existing so called decentralised policy of managing maritime demesne, firstly including measures and activities directed towards the establishment and maintenance of an effective system of allocating concessional permits and in particular taking into account geographical comparative possibilities and economic effects, is important for the effective development of legal and economic systems in the Republic of Croatia. The pivotal part of such policy, together with granting concessions, also represents the policy of granting concessional permits for maritime demesne. The aim of this paper is to analyse the positive regulation of allocating concessional permits for maritime demesne therewith investigating in administrative practice some disputable aspects of granting these permits and the arising concerns together with a critical analysis and suggestions de lege ferenda. The author is of the opinion that positive legal regulating of allocating concessional permits burdens the under-normed and undefined regulations. This made the work of the application of regulations more difficult in public bodies and the administrative branch of adjudication process. Additionally, in the practice of public bodies, an exaggerated legal formalism is present in the interpretation of legal norms in the procedures for granting concessional permits. Several important segments in regulating exist which require additional analysis and monitoring and different and fuller regulation. This was also shown in recent administrative court practice.
Keywords
general good; maritime demesne; managing maritime demesne; using maritime demesne; concession; concessional permits; administrative dispute
Hrčak ID:
234589
URI
Publication date:
19.2.2020.
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