CONCESSIONS ON THE MARITIME DOMAIN – THE RELATION OF THE CONCESSIONS ACT AND THE MARITIME DOMAIN AND SEAPORTS ACT

Abstract

In this paper, the authors analyse the legislative framework of concessions on maritime domain. The Maritime Domain and Seaports Act passed in 2003 prescribes concessions on maritime domain. In the meantime, two new general acts regarding concessions were passed in 2008, and in 2012 and the third general Concessions Act is in legislative procedure now. The authors will, by the methods of comparison and analysis, show that, unlike other laws governing concessions, the Maritime Domain and Seaports Act has never been aligned with the general law, which causes problems in practice and in its implementation. The frequent dilemmas regarding the question refer to the choice of norms to implement. The dilemma is whether the general act is applicable in procedures of granting concessions on maritime domain. The authors show in this paper that the Maritime Domain and Seaports Act is not aligned with the Concessions Act and point to the problems in practice due to obvious misalignment of these laws. The authors suggest solutions to the noticed problems. They also argue that it is necessary to align the Maritime Domain and Seaports Act with the general law and that the Concessions Act is applicable in the concessions granting procedures on maritime domain.