engleski

The influence of European Union law on certain national solutions regarding the concessioning of nautical tourism ports

The distinctive feature of nautical tourism ports is that the shore and associated sea area, seabed and subsoil are economically exploited for the construction and use of a port to provide services in nautical tourism. This paper presents and analyses legal regimes for nautical tourism ports in four Mediterranean countries, members of the European Union: Croatia, Spain, Italy and Malta. The common characteristic of these legal regimes is that their shores and ports are under the legal regime of a common or public maritime domain, i.e. either extra commertium or property owned by the state, but inalienable and incapable of being the subject matter of private ownership or other real rights. Consequently, the economic exploitation of the maritime domain is possible exclusively by means of concession. It is in this context that the authors analyse the applicable national legal rules, their interpretation and enforcement having in mind in particular the specific impact of the European Union rules and the case-law of the Court of Justice of the European Union.

Nautical-tourism ports ; duration of concessions ; prolongation of concessions ; concessions upon request ; Directive 2014/23/EU ; Croatian law on concessions ; Spanish law on concessions ; Italian law on concessions ; Maltese law on concessions.

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