engleski

The Legal Regime of Nautical Tourism Ports in Croatia

The growing interest for nautical tourism along the Croatian coast should be recognised as a foundation for economic development and as a branch of economy which could attract foreign and domestic investments. Parliament has declared Croatia’s strategic orientation towards the nautical tourism but inappropriate legal framework obstructs the achievement of these strategic goals. In this article author gives an overview of the Croatian Maritime Domain and Sea Ports Act regarding legal status and regime of nautical ports and detects major problems arising from it. Nautical tourism ports have legal status of maritime domain and therefore are, together with their infrastructure and superstructure, res extra commercium. The author raises the question of adequacy of such non- ownership regime over the buildings constructed and used on the basis of concession. Open issues regarding transformation of social ownership on maritime domain, acquired proprietary rights, registration of maritime domain and their influence on the status of nautical tourism ports are analysed. Additionally, the author is pointing out that existing legal framework prevents the concessionaires of obtaining compensation for the increased value of the maritime domain after the expiry of concession. Such business environment is very disincentive to investments of existing concessionaires as well as for potential investors. Author offers de lege ferenda proposals aiming to reconcile the seemingly opposing interests of the stakeholders involved – investors and the state.

nautical tourism ; port ; marina ; maritime domain ; concession ; valorisation of investments

This paper is a result of the author’s research under the research project of the Adriatic Institute of the Croatian Academy of Sciences and Arts, funded by the Croatian Science Foundation, titled Developing a Modern Legal and Insurance Regime for Croatian Marinas - Enhancing Competitiveness, Safety, Security and Marine Environmental Standards (DELICROMAR, UIP- 11-2013 no. 3061, project period: 1st March 2016 – 28th February 2019). More information about the project is available at www.delicromar.hazu.hr.