Naslov
CROATIAN LEGISLATION AND PRACTICE - THE EFFECTS ON INVESTMENT PROCESSES

Autori
Kačer, Blanka

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development / Primorac, Željka ; Bussoli, Candida ; Recker, Nicholas - Split : Varazdin Development and Entrepreneurship Agency ; Faculty of Law University of Split ; University North Koprivnica, Croatia, 2016, 347-353

Skup
16th International Scientific Conference on Economic and Social Development - "The Legal Challenges of Modern World"

Mjesto i datum
Split, Hrvatska, 01.09.2016. - 02.09.2016

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
investments, legal certainty, legal practice, legal norm

Sažetak
Investments are conditio sine qua non of economic development, and consequently the development in general. For every investor, when making final decision to invest or not, it is extremely important whether it is an environment that is characterized by legal certainty. In other words, in an environment of legal uncertainty there are no or few investments. Legal certainty primarily means that it is clear when and under what conditions something is legal or illegal. Unfortunately, in Croatia, according to the information given by the author, there are legal environment and practice that, instead of going in favorem investment, do the opposite. As a typical example, we analyzed paying property taxes in millions to the international trading corporation for the non-existing facility whose construction never started, but was only issued construction permit, later reduced. The construction was performed according to such reduced permit, but the taxes were charged as if it were several times bigger object. The examples of numerous laws abolished by the Croatian Constitutional Court are also given, of which some in full and before the entry into force (Criminal Code), some had their implementation indefinitely postponed and until then were ordered to implement the law abrogated by the legislator (Family Law), with a range of less drastic examples. In such environment it doesn’t surprise the fact that the constitution has been amended several times in the short term (the offenses of transition and privatization). In recent Croatian Parliament convene more laws were passed by urgent, than the regular procedure. Each of these phenomena, separately and all together, give us reason to admit with a great regret that both, the legal framework and practice in its essence, reject investments and investors.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA