engleski

The role of Administrative Curts in the Republic of Croatia in disputes providing court protection in procedures of managing protected areas

Systematic and effective nature protection and conservation are secured by constitutional provisions and are the duty of all natural and legal persons, while nature and all its parts are of interest to the Republic of Croatia and as such are subject to special protection. Protected areas are among the most important natural resources of the Republic of Croatia. Therefore, we think it is important to analyze from an administrative-law viewpoint the special administrative procedure for resolving administrative cases and adopting administrative laws related to protected areas and the use of natural resources. The paper will present and analyze the legal framework for managing protected areas in accordance with the Nature Protection Act. Competent authorities will be identified along with procedures for special administrative action pertaining to the use of natural resources and for issuing decisions regulating conditions of nature protection. The main central government authority responsible for issuing said decisions is the Ministry of Environmental Protection and Energy. By comparing two relevant laws, the General Administrative Procedure Act (lex generalis) and the Nature Protection Act (lex specialis) with respect to administrative proceedings, we will try to determine if there are, and to what extent, any discrepancies between the two laws. Once the central government authority responsible for nature protection issues a decision, further legal protection may be achieved only through initiating an administrative dispute before a competent administrative court. With this in mind, we will analyze the administrative court practices using the case method and in relation to disputes assessing the legality of decisions issued in procedures of protected areas management. Analysis of case-law from the chosen period will allow direct insight into the decision-making process of administrative courts and determine mistakes that happened during procedures before the competent Ministry. Special emphasis will be given to the role of first-instance administrative courts in the Republic of Croatia in providing court protection in the aforementioned special administrative area.

nature protection ; management of protected areas ; special administrative procedure ; Ministry of Environmental Protection and Energy ; administrative dispute ; administrative courts

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