CONTRIBUTION TO THE DISCUSSION ON THE LEGAL REGULATION OF LAYING SUBMARINE CABLES AND PIPELINES IN THE REPUBLIC OF CROATIA
DOI:
https://doi.org/10.30925/zpfsr.44.2.8Keywords:
submarine cables and pipelines, permit, concession for special use of maritime domain, registers.Abstract
In the Republic of Croatia, there is no unique regulation on the procedure and conditions for laying submarine cables and pipelines. However, several legal acts contain the relevant provisions. Therefore, one of the objectives of this paper is to present and analyze laws and bylaws that directly or indirectly regulate the issue of laying and maintenance of submarine cables and pipelines, indicating whether the existing legal framework is appropriate. The paper also discusses the extent to which there is the terminological and substantive uniformity of the key concepts of laying and maintaining submarine cables and pipelines. The lack of uniform terminology leads to legal uncertainty and diverse application and practices by individual stakeholders. A special attention is given to the procedure of issuing permit for the installation of submarine cable infrastructure and obtaining a concession for the installation of submarine cables and pipelines. Considering that transparency and availability of data on issued concessions and concession holders are crucial, the author will provide a critical review of a certain dualism in applying the Ordinance on the Register of Concessions and the Ordinance on the Register of Concessions on Maritime Domain with indications of possible improvements. The conclusion provided an assessment of the legal regulation of laying and maintaining submarine cable infrastructure, as well as proposals for possible new legal solutions to improve the research area.
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- 2023-12-20 (2)
- 2023-09-15 (1)
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