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SCIENTIFIC WORK:
Research projects

 

 

  • Croatian Transport Law and Challenges of the Single Market

Funded by: Croatian Ministry of Science, Education and Sports
 
Research team:
Prof. Nikoleta Radionov Radenković, Ph.D (coordinator)
Dept. for Maritime and Transport Law, Zagreb Faculty of Law
Doc. Jasenko Marin, Ph.D.
Dept. for Maritime and Transport Law, Zagreb Faculty of Law
Prof. Tamara Ćapeta, Ph.D.
Dept. for Public European Law, Zagreb Faculty of Law
Doc. Patrick Vlačić, Ph.D.
Dept. for Transport Law, Faculty of Maritime and Transport Studies Portorož, Slovenia
Doc. Ana Djorić, Ph.D.
Union Faculty of Law, Belgrade, Serbia
 
Goals and content of the project:
The research team consists of three scientific researcher-associate professors from Croatia, and two foreign collaborators from the imminent transport region of Croatia (Xth corridor). The project leader, associate professor Radionov Radenković, and collaborators Đorić and Vlačić, also associate professors, are eminent experts who specialized in the area of inland and air transport law, while the associate professor Marin specialized in maritime law and the law of inland waterways transport and associate professor Ćapeta in the EU law.
The project leader coordinates the researchers' work during individual research levels, defines priorities and research dynamics and controls implementation of goals set. The research is conducted primarily on legal material (positive Croatian and foreign laws, the EU law and international conventions, judicial decisions, etc...) and secondarily on material such as scientific works, legal commentaries, soft law, preparatory material, etc.).
The data are acquired by research of electronic databases EUR-LEX; CROLIST, Lexis-Nexis, Hein-Online, as well as the Internet. Furthermore, the research into legal doctrine is based on bibliography resources of the Library of Zagreb Law Faculty and related faculties and institutes in Croatia and abroad.
 
The research is conducted in seven research areas:
 
1. Road Transport Law;
2. Railway Transport Law;
3. Air Transport Law;
4. Maritime Law;
5. The Law of Transport in Inland Waterways;
6. The Law of Combined Transport;
7. The Law of Transport Insurance and Logistics.
 
Hence, this research, for the first time in contemporary Croatian legal science, introduces an analysis of legislature of ALL transport branches, as well as insurance and logistics laws. In the areas 1-6, the research is conducted on three levels:
 
1) The first level includes a systematic study of normative frame for domestic transport for the research area in Croatia, the states in the region and EU Members;

2) The second level research includes a screening of the normative frame related to international transport as regulated by Croatia, regional countries, and the EU Members.

3) Finally, the third level studies the EU Transport Law and policy (the Acquis Communautaire). 

All results acquired are classified by the levels, along a comparative study of harmonization of Croatian legislature in all those transport branches, which embraces an emphasis on eventual particularities, trends and exceptions. The research of the transport insurance and logistics is carried out concurrently with the research of each individual 1-6 area, and the results shall be processed within the final comparative study of a related individual research area (transport branch).
The systematic study of each field shall focus on several topics, where, according to available knowledge, the most important scientific results could be expected. These are:
 
A) Organization of transport service market in the EU and Croatia in conditions of market competition. The following key questions require an answer here: What is the organisation of the Single European Market and the Croatian Market in specific transport branches?  Are there any structural preconditions/barriers to the inclusion of the Croatian transport market into the Single European Market? What problems could be expected during the process in the transport industry? What problems could appear during the negotiations with the EU?

B) What are the problems of legal regulation of transport infrastructure and what is their influence on the transport service market?

C) How could the system and the state benefits in transport sector influence the integration of the Croatian market into the single European market of transport services?

D) Within the existing legislature, could Croatia foster the sustainable development of the transport while preserving natural resources?

E)  How could contemporary normative trends of the institute of carrier's responsibility influence the transport services market?

Since the negotiations with the EU in the area of transport shall be concurrent with this research, it is necessary to adapt the priorities in processing individual topics to the needs imposed during the negotiation procedure, but at the same time preserve flexibility in order to secure the current scientific product for the expert public. Keeping in mind the dynamics of the development of transport law and policy in the EU, both on the EU and national level of member states that harmonise their legislatures with the Acquis and develop transport laws, it is also possible to expand the research topics.

The main goal of this research is to gain science-based knowledge on structural and content deficiency of Croatian Transport law compared to the internationally adopted standards and the EU Transport Law and policy. In addition, the research tends to put forward the development trends in development of the local transport law and suggest essential changes in the legislature of the transport entrepreneurship in Croatia, so that it becomes:

a) Harmonized with current standards and trends within every transport branch in particular, and
b) Harmonized among transport branches.
 
Furthermore, the research is aimed at studying potential positive or negative long-term influence of sudden legal reforms in an economic branch on its development prior to and upon full Croatian membership in the EU, considering possible negative effects of the market liberalization. It is intended to propose a concrete platform to harmonize the Croatian transport law in the segment of domestic and international transport with global trends. Without a good legal base, which guarantees the security of the capital and free functioning of the transport and insurance market, there is no successful economic development in the area given, and Croatian transport entrepreneurs could not bear the pressure of foreign competition after being integrated in the Single European Market. The research purpose and goals are thus achieved not only during the negotiations, but also after the EU integration. The research goals also embrace a halt to devastation of Croatian transport law in some segments, detection of potential dangerous social-economic appearances in the Croatian transport law system. This research will be also helpful during the negotiations for transport policy sector and trans-European networks, as well as the improvement of transport law education in Croatia.
 
With this short notes and short content of the project, it is possible to download full description of this scientific project.
 
For more detailed information on the project, with the list of current publications, visit the FOLLOWING page.
 
 
 

  • Croatian Maritime Legislation, International Standards and the EU Law

Among the projects of Adriatic Institute is: Croatian Maritime Legislation, International Standards and the EU Law
Leader of this project is Vladimir Ibler, F.C.A.
Cooperatives on the project are: prof. Vladimir-Đuro Degan, L.L.D.;

prof. Srećko Jelinić,

prof. Dorotea Ćorić and

doc. dr. sc. Jasenko Marin.
 
Content of project:
Project is researching maritime law, the law of the sea, international conventions, EU law, exclusive economic zone, protection of the environment, safety of the shipping, carriage by sea, ship, maritime delimitations.
 
 
 

  • Maritime Legislation of the Republic of Croatia

 
Another project of Adriatic Institute was: Maritime Legislation of the Republic of Croatia

Leader of the project is: Vladimir Ibler, F.C.A.
Cooperatives on the project are: prof. Marina Vokić-Žužul and prof. Dorotea Ćorić as researchers; prof. Vesna Polić Ćurčić, prof. Srećko Jelinić and prof. Maja Seršić as researchers from other institutes; and prof. Dino Pinjo and doc.dr.sc. Jasenko Marin. Inside this project, as a consultant was Velimir Filipović, Ph.D. (deceased in 2007.)
Project was researching: maritime law, law of the sea, international conventions, judicial & arbitrary practice.
 
 
For more detailed information on the project, with the list of current publications, visit the FOLLOWING page.