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Nautical Tourism in Croatian Law: Existing and Future Solutions

Nautical tourism is, in the Croatian law, regulated by legislation largely from the administrative aspects. In addition, given its importance in the Croatian tourism, it is the most widely covered of all special forms of tourism in the scientific literature. However, the practice of nautical tourism in Croatia has developed much faster than the adoption of legislative norms that supposed to follow it. The paper deals with the analysis of existing solutions of nautical tourism in the Croatian law through the: 1) sources of law that regulate it (from the Provision of Tourism Services Act (2007) to the sub-legislative acts), 2) the advantages and disadvantages of existing legislation and judicial practice (through analysis of theoretical and practical problems) and 3) suggestions for future solutions. The paper's results are the synthesis of answers to the analysis of theoretical (narrow legislation, the fragmentation of the sources of law, the legal definition, the principle of proportionality) and practical (nautical tourism ports planning, linking other tourism resources with nautical tourism, paying nautical vignettes, limiting stay of foreign boaters) questions set in the paper. The paper's conclusion is that nautical tourism in the Croatian law, despite the positive points of the legislation, is under-regulated. Future solutions of the nautical tourism in the Croatian law should especially integrate the existing fragmented legal norms into one unified legislative corpus and regulate relations (contracts, rights and duties) between nautical tourism subjects.

nautical tourism, Croatian law, Provision of Tourism Services Act (2007), Croatian jurisprudence, existing and future solutions.

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