engleski

Judicial Review of Spatial Plans as a Prerequisite of Economic Development in Croatia

Spatial plans are local general acts, and according to the Art. 53 of the Act on Spatial Planning (Official Gazette of Croatia 153/13 ) they are documents regulating organisation, purpose and utilization of land and the conditions for the regulation, upgrade and protection of the land belonging to the state, counties, cities or municipalities. Spatial plans regulate the conditions for the construction of buildings and performing of other activities on certain location. Spatial plans are general acts and they are adopted by the local or regional council. Process of the adoption of spatial plans involves multiple participants and experts in the field. It also contains public discussions, confirmation of the relevant state authorities, all this provided by the Act on Spatial Planning. Spatial Plans should combine two different areas which involve public and private interests. Environmental protection and health of the citizens are some of the aspects of the public interest which should be respected by public investors. Participation of different participants in the process of the adoption of spatial plans is strengthening the supervision of the legality of the whole process, but on the other side, wide space is open for potential irregularities therein. Control of legality of spatial plans is divided in two main areas, administrative control which is exercised by the local administrative bodies such as mayors or state representative in local units. Judicial control is performed by the High Administrative Court of the Republic of Croatia. The speed of control of spatial plans affects the pace of the realisation of investments and thus influences attractiveness of Croatia to investors. The subject of this paper is the analysis of the procedure before the High Administrative Court regarding the legality of spatial plans, the course of the whole procedure, and the question how does this procedure affect protection of the fundamental rights of the citizens.

Spatial plan, judicial review, High Administrative Court, economic development.

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