Original scientific paper
Maritime Cabotage in European Community Law: Council Regulation (EEC) No. 3577/92 and Relevant Case Law
Jasminka Pecotić Kaufman
orcid.org/0000-0002-3598-7090
Abstract
Freedom to provide services is one of the fundamental principles of European Community law. This principle, based on non-discrimination between providers of services whose establishment is in one of the Member States of the European Union and whose wish is to provide their services in some other Member State, and the providers of services whose establishment is in this other Member State, has also been applied since the middle of the 1990s in the area of providing services of maritime cabotage. The maritime cabotage market has been liberalized by Regulation (EEC) 3577/92, and besides the principle of free provision of services for carrying out maritime cabotage, European Community rules from the area of market competition, state aid and public procurement are applied as well. By a detailed analysis of Regulation 3577/92 and accompanying interpretative documents of the European Commission, as well as the relevant case law of the Court of European Communities, the author endeavours to give a comprehensive insight into the regulation of the legal system of maritime cabotage in the European Community from the perspective of free provision of services, as well as from the perspective of market competition and state aid.
In addition, legislative regulation of carrying out public transport in maritime coastal line traffic in the Republic of Croatia, as well as the application of European Community rules on maritime cabotage in the domestic legal order are analysed and also commented in the light of the Stablisation and Association Agreement.
Keywords
maritime cabotage; freedom to provide services; market competition; state aid; public procurement; services of general economic interest; European Community law; Stabilisation and Association Agreement
Hrčak ID:
17489
URI
Publication date:
10.11.2007.
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