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Scandalous Law on Golf Courses is no longer in force as of today (24.11.2011)!

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A law that repealed the Law on Golf Courses came into force today in Croatia. Read more...

After a three year long public advocacy campaign that Zelena
akcija/FoE Croatia has carried out together with its partners [1] scandalous Law on Golf Courses is no longer in force.
The Law repealing the original Law on Golf Courses was proposed by the
Croatian Government on 27th October and adopted within one day (28th
October) by the Croatian Parliament.
It is interesting that the explanation why the Law on Golf Courses should be
abolished presents the same arguments that we have been using for years. It
says that: “this Law does not prevent abuses in the granting of permits,
neither does it ensure environmental protection during the construction of
golf courses. It is of greater interest to the Republic of Croatia to
protect agricultural land, forests and environment and the greatest
Constitutional values of social justice, equal rights of people and
entrepreneurs, and the right to private property and the rule of law, than
it is to have golf courses”.

The campaign against the Law on Golf Courses started on 9th December 2008,
and since that day there have been numerous actions and media events. NGOs
submitted an appeal to the Constitutional Court on 19th February 2009 and
then again after the Law was changed in 2010.

The Law on Golf Courses was violating the Constitution because:

  1. The procedure for adopting the law was unconstitutional (majority instead of qualified majority)
  2. Strategic interest for the country must be defined according to constitutional values
  3. The Law did not enable legal security
  4. The Law did not treat all parties/citizens equally
  5. The Law was violating the constitutional right to private property
  6. The Law violated social justice
  7. The Law violated the constitutional right to a healthy environment and nature 

It is interesting that the Constitutional Court has never answered our
appeal or stated in public its opinion. It is interesting to note that the
Deputy Prime Minister Stjepan Uzelac, has stated that the “Government and
public and Constitutional Court and European Commission are wiser than the
Government itself”. This raises question about the relations and
communication between the Croatian Government and Constitutional Court
behind closed doors.

Jagoda Munić, Zelena akcija /FoE Croatia 098 1795 690


[] Zelena Istra, GONG, Transparency International Hrvatska, Pravo na grad –
Right to the City, NGO Grad, Srđ je naš, Eko Zadar, Šibenski građanski
forum, Sunce, Eko Krka, etc.)

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