SOME CONSIDERATIONS RELATING TO RECENT LEGISLATIVE CHANGES IN THE FIELD OF THE SALE OF AGRICULTURAL LAND SITUATED IN THE OUTER-URBAN UNINCORPORATED AREA, IN RELATION TO THE REQUIREMENTS OF EUROPEAN UNION LAW Cover Image

UNELE CONSIDERAŢII REFERITOARE LA RECENTELE MODIFICĂRI LEGISLATIVE ÎN MATERIA VÂNZĂRII TERENURILOR AGRICOLE SITUATE ÎN EXTRAVILAN, PRIN RAPORTARE LA EXIGENŢELE DREPTULUI UNIUNII EUROPENE
SOME CONSIDERATIONS RELATING TO RECENT LEGISLATIVE CHANGES IN THE FIELD OF THE SALE OF AGRICULTURAL LAND SITUATED IN THE OUTER-URBAN UNINCORPORATED AREA, IN RELATION TO THE REQUIREMENTS OF EUROPEAN UNION LAW

Author(s): Titus Prescure, Georgeta Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: outer-urban agricultural land in the unincorporated area; right of preemption; legal preemptors; free movement of capital; the principle of proportionality; case law of the European Union Court of Jus

Summary/Abstract: The object of this study consists in presenting and assessing the possible impact of the most important legislative changes generated by the adoption of Law No. 175/2020 for the amendment and completion of Law No. 17/2014 on some measures regulating the sale-purchase of agricultural land located in the outer-urban unincorporated area and amending Law No. 268/2001 on the privatization of commercial companies that hold in their administration land that is public and private property of the state for agricultural purposes, and the establishment of the State Owned Estates Agency. We have also proposed ourselves to carry out an initial research of the compliance between the new regulation and the requirements of the EU law, in this matter, and to assess the risks that may arise with regard to the security and stability of the specific legal relations that can accrue from the implementation of the new provisions, through reference to the case law of the Court of Justice of the European Union and that of the Constitutional Court of Romania.

  • Issue Year: 2020
  • Issue No: 10
  • Page Range: 21-40
  • Page Count: 20
  • Language: Romanian