RESTRICTIONS ON THE SALE OF AGRICULTURAL LAND. CONTROVERSIES NATIONAL LAW - UNION LAW

Gabriela Teodoru ()
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Gabriela Teodoru: Doctoral Law School, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2022, vol. 11, issue 1, 142-156

Abstract: Each nation has developed its own system of regulation on the ownership, use and movement of agricultural land to ensure the most beneficial use of land. However, Member States must ensure that national regulations do not conflict with European law. Restrictive measures for the acquisition of agricultural land were taken by some Member States at the end of the transitional period during which the Accession Treaties allowed EU investors to be restricted from buying agricultural land in these countries. It is mandatory to analyze to what extent some of these regulations violate fundamental EU principles, such as the free movement of capital and non-discrimination on grounds of nationality, in order not to distort the business environment and to ensure equal treatment before the law for all EU citizens. The assessment of the proportionality and non-discriminatory nature of these regulations requires a good knowledge of the practical effects that these normative acts will have. For this reason, it is appropriate that in the next period legal professionals notice all the difficulties that will appear in the process of applying these regulations as well as the practical manner in which their application is likely to lead to the achievement of the objectives assumed by the legislator. Certainly, sooner or later the CJEU will be called upon to rule on the compatibility of these regulations with Union law and the research undertaken during this period will be used for the correct assessment of the impact of these new laws.

Keywords: legal conditions for acquiring agricultural land; right of preemption; legal preemptors; free movement of capital; the principle of proportionality; discriminatory regulation; case law of the European Union Court of Justice. (search for similar items in EconPapers)
JEL-codes: K11 K12 K15 (search for similar items in EconPapers)
Date: 2022
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