Legal opinion on the possibility of imposing legal restrictions on the acquisition of agricultural land by foreigners Cover Image

Opinia prawna na temat możliwości wprowadzenia ograniczeń prawnych w nabywaniu ziemi rolnej przez cudzoziemców
Legal opinion on the possibility of imposing legal restrictions on the acquisition of agricultural land by foreigners

Author(s): Bartosz Pawłowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; alien; real estate; European Union;

Summary/Abstract: The opinion stresses that EU law requires that foreigners be able to buy real property in each Member State. This principle may, however, be subject to certain restrictions. Currently, under the Accession Treaty, Poland is entitled to apply restrictions on the acquisition of agricultural real estate by foreigners. This transition period ends on 1 May 2016. After this date it will also be possible to impose restrictions on the acquisition of agricultural real estate by foreigners, provided that the requirements laid down in the Treaty on the functioning of the European Union or in the case law of the Court of Justice of the EU are satisfied.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 133–155
  • Page Count: 8
  • Language: Polish