HISTORICAL AND ADMINISTRATIVE-LEGAL ASPECTS IN THE FIELD OF URBAN FORESTRY IN THE CONTEXT OF EUROPEAN GREEN POLICIES

Abstract

This paper analyzes the transformation of legal norms for urban forestry in Croatia from its fragmented 19th-century legal framework to today’s holistic legal standards based on EU directives. It tracks the evolution of urban forests from being simply subjects of “regulation of police and community” in the Habsburg legal system to being integral components of the EU’s “green infrastructure” paradigm in the environmental acquis. This paper applied historical legal research methodology to show how the Habsburg monarchy influenced Croatian forest law through legislation; and how those legislative developments in turn have had lasting effects on Croatian law. Additionally, a dogmatic legal analysis was performed to analyze the most recent national laws enacted regarding the topic. A comparative methodology has been used to compare the legislative developments in Croatia with that of the EU as detailed in strategic documents including the EU Biodiversity Strategy for 2030, the New EU Forest Strategy for 2030, and the European Green Deal. At the regional level of the European Union, the potential of urban and suburban areas has been highlighted by the European Union Forest Action Plan (EUFAP) since 2007–2011. The New EU Forest Strategy for 2030 encourages the expansion of forest and tree cover specifically in urban areas, supporting these initiatives through the Biodiversity Strategy and the European Green Deal. The discourse centered on the concept of normative fragmentation identified in the field of urban forestry. The law at the time defined street trees as city property or objects of “administrative policing” (primarily for maintaining public order and ensuring sustainable timber) and there were no new issues created due to the intersection of forestry with land use planning and environmental law. The authors argue that the EU policy goals of achieving climate neutrality and creating resilient cities will require a shift in the way that forests are perceived from being “economic resources” to providing “multiple functions as multifunctional ecosystem services”. In addition to describing this contrast, the authors portray the difference in legal conservatism in Croatia versus the rapidly changing needs of EU law that requires a comprehensive legal approach to managing urban green space for mitigating the “heat island” effect and the loss of biodiversity. An analysis of the current legal regulations and other legal sources reveals inconsistencies, ambiguities, and legal gaps in the regulation of issues related to urban forestry, which are governed through various legal sources (regulating forests, nature and environmental protection, roads, municipal services, decisions on communal order, spatial planning, strategic documents, and others). Furthermore, problems arise regarding the competences of different public authorities and the scope of their powers. The study concludes that despite a strong legal tradition of sustainability, the Croatian case is stymied by a lack of coherence in urban greening.