The company "Nemesis" sent an urgent letter to the Prime Minister Milojko Spajić and the Minister of Spatial Planning Slaven Radunović, demanding that the Public Company for Coastal Zone Management, as they stated, be prohibited from further undertaking illegal activities, and that the decision by which that state-owned company transferred to the Hotel Group "Budvanska rivijera" the authority to issue a public tender for the lease of the bathing area on Slovenska plaža be invalidated.
After the Board of Directors of JP Morsko dobro gave its consent to HG “Budvanska rivijera”, the largest hotel company in majority state ownership announced a tender for the lease of three beaches on Slovenska plaža, as well as a hotel beach on Brijeg od Budva (Ričardova glava). The only one left out of the tender was beach 9A, below the “La Bocca” restaurant, owned by the “Nemesis” company. That company, which is part of the “Astoria group” of restaurant and hotel chain owners, has managed the beach for the past 13 years, which is now, as they pointed out, the only one left out, despite a series of letters and requests sent to “Budvanska rivijera” to continue their long-standing successful cooperation.
"Nemesis" also delivered letters to the director of the Maritime Dobro To young Mikiel and the presidents of the Board of Directors Star Janovic, requesting that they cancel the public invitation or, if they still believe they have a legal basis, also issue a public invitation for bathing area 9A.
In a letter signed by the executive director Nikola Perovic, warn Spajić and Radunović that "the director of the Public Company "Morsko dobro" gave consent and transferred part of the legal powers illegally to a business company, namely HG "Budvanska rivijera".
"Based on this consent, the Budva Riviera announced on May 27th a Public Call for Bids for the Lease of a Hotel and Public Beach. We would like to point out that certain beaches are formed from parts of cadastral plots on which the state has registered ownership rights, while "Budva Riviera" has registered the right of use. Therefore, any disposal of the property in question must be in accordance with the regulations governing this matter," states Perović, adding that the initiation and implementation of the bid collection procedure is the exclusive responsibility of the body to which the state has transferred the authority to manage the coastal zone, which in this case is the Coastal Zone.
He points out that the director of the Coastal Zone, in accordance with the Law on Management and Internal Control in the Public Sector, can only delegate authority to managers and employees of that company.
"Considering that the announcement of the Public Call violates the imperative legal and by-law norms relating to the disposal of state property, and in particular the maritime domain, we consider such conduct to be legally unacceptable and unlawful. The maritime domain, as a natural resource and a property of general interest, enjoys a special legal regime of protection and is exclusively state property, in accordance with the Law on Maritime Domain. The management of this property is entrusted to a Public Enterprise, which is obliged to act in accordance with the law and in the interests of the state and citizens. However, the announcement of the Public Call, which transfers the powers over the maritime domain to a joint-stock company, without the prior consent of the Government, clearly exceeds the legal powers. Such conduct also fundamentally violates the principle of legality and transparency in the management of public resources. A public enterprise cannot transfer public powers to a third party on its own initiative, especially not to a private law entity, without the express consent of the Government. We point out that such conduct may also have elements of criminal liability, since it is an abuse of official position," he stated. Perovic.
In a letter to Mikijelj and Zvezdana Janović, also warning them about the illegal transfer of authority to HG "Budvanska rivijera" to lease parts of the coast.
"In order to protect the public interest, we suggest that you take all necessary actions to invalidate the Public Invitation," Perović stated.
Perović also asked whether activities have been undertaken to obtain the conditions for announcing a public invitation to use the public bathing area marked 9A, and for what reasons a public invitation for this bathing area has not been announced so far.
"If activities have not yet been undertaken to meet the conditions for announcing a public invitation to use public bathing area 9A, we demand that PE "Morsko dobro" issue a public invitation."
The company "Nemesis" has repeatedly contacted the authorities in the "Budva Riviera" to extend the lease of the swimming area in front of their catering facility "La Bocca" (formerly Plava školjka).
"We were referred from the Coastal Zone to the HG "Budvanska rivijera" because they are the users of the plots on which the 9A beach is located. "Nemesis" has repeatedly contacted the competent legal department of the Hotel Group, with a request to provide information regarding the continuation of the lease of the aforementioned beach. Also, despite several telephone conversations that we had with your legal department, with undeniable kindness and correct communication, even after all these conversations, we did not receive any concrete information," the letter from April reads.
The HG “Buvanska rivijera” told “Vijesti” that, based on the approval received from the JPMD, they announced a public call for bids for the lease of the hotel and public swimming pool.
"All according to the amendments to the Program of Temporary Facilities in the Coastal Zone for the period from 2024 to 2028. Beach 9A is not included in this public call. We had a long-term lease agreement with 'Nemesisi' doo that has expired, and the subject of the lease was the land on which there are catering terraces that are not part of the beach 9a in question and are owned by the Hotel Group," said the "Budvanska Riviera".
"Budvanska": Remove chairs and tables
While waiting for the outcome of the beach issue, an emergency team from "Budvanska Riviera" arrived at the "Nemesis" address to remove the chairs and tables of the La Bocca restaurant from the land owned by the hotel company.
"The competent services of the HG 'Budvanska rivijera' have determined on-site inspection that you have placed chairs and tables in front of the 'La Bocca' restaurant located in the 'Slovenska plaža' Tourist Resort complex that are in the function of your catering facility. We would like to remind you that your lease agreement dated July 23, 2024, the subject of which is the land on which the catering terraces that you used are located, expired on December 31, 2024. It is necessary that you urgently remove the placed chairs and tables and other accompanying furniture upon receiving this urgency, until a decision is made on the further status of the terraces located on the land owned by the HG "Budvanska rivijera", or the possible extension of the lease agreement," stated the executive director of the HG "Budvanska rivijera" Jovan Gregović in the letter.
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