Tourism Law in Europe

21 provider of tourism services from another EU Member State acquires the right of establishment in Croatia. Under the provisions of the TSA and other Croatian laws, the provider of tourism services may then institute appropriate proceedings before competent courts and/or other authorities to be granted establishment and to be able to provide tourism services in the territory of the Republic of Croatia (e.g. to establish a company or a craft, to apply for a decision approving the performance of a tourism service, or the like) 72 . 5. Conclusion Tourism law is a very specific segment of Croatia’s legal order. It has a specific international dimension, a specific European dimension and a specific social and economic dimension. To be successful in the application and to achieve all possible goals in the society and economy, the regulation of the provision of tourism services requires an interdisciplinary approach. Therefore, tourism law is very complex. It is focused on very specific services that need to be regulated in a way so as to ensure not only smooth economic activities, but also high standards of health and safety, consumer protection, economic interest of service users in order to fulfill their expectations in traveling, the protection of cultural goods, the environmental protection, sustainable development of agriculture, food production, education, etc. To achieve all these goals, tourism law is a specific combination of public and private law rules, as well as property, contract and tort rules. The main problems of today’s tourism law in Croatia is a fragmentation of the regulation of tourism services. It is true that the two main existing acts on tourism services and on hospitality and catering services provide for the most important issues. However, in many cases, there is also a need to apply, in a subsidiary manner, many other acts that are 72 If for the permanent provision of tourism services it is necessary to obtain the consent of the competent authority, the criteria and the rules on the procedure when rendering a decision are laid down in the Services Act. The procedure for obtaining such a decision on the performance of an activity is not considered to be a restriction of freedom to establishment. However, it must be a procedure which does not discriminate on grounds of citizenship, permanent or temporary residence if it is justified by a mandatory interest and if it is proportional to the protection of the rights of the parties and to public interest [art. 7(2), Services Act]. The criteria for the procedure of obtaining such consent are the prohibition of discrimination, mandatory interest, proportionality, objectivity, transparency, accessibility, clarity and unambiguousness (art. 8).