11 0 TOURISM LAW IN EUROPE foreign professional qualifications then applies (artt. 13-21 Act on the Regulated Professions). Within the general system, there is also a possibility of determining the compensatory measures (e.g. an adjustment period or a proficiency check)69 when there are differences between the qualifications required according to Croatian law and that of the provider’s country. The procedure of the recognition of qualifications is conducted before the competent body (Ministry of Tourism) based on the service provider’s request to obtain a decision on the recognition of foreign qualifications to be able to perform a particular regulated profession in accordance with the TSA. Indeed, the provider must prove that he or she possesses the qualifications specified in the TSA for the provision of tourism services (among other, appropriate education, certification exam, the knowledge of the language to be used in the performance of tourism services and sufficient knowledge of the Croatian language). Upon completing the procedure of recognition of professional qualifications, the 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 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 or apply for a decision approving the performance of a tourism service)70. 5. CONCLUSION Tourism law is a very particular segment of Croatia’s legal order, with specific international European and social and economic dimensions. 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, focusing on specific services that need to be regulated in a way so as to ensure not only smooth economic 69 Article 18(2) Act on the Regulated Professions. 70 If it is necessary to obtain the competent authority’ consent for the permanent provision of tourism services, 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 not discriminate on the 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).
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