Land policy vs. community law

Korom, Ágoston

Keywords: dual legal basis, land ownership of foreigners, official permit procedures, moratorium, room to maneuver

Making a distinction between Community law provisions on CAP and on land policy, I conclude that the observations by Endre Tanka, such as the Union law on land policy being “policy itself”, that “legislation in the Member States is limited to the implementation thereof”, and that Community law “nearly precludes any national legislation” on land policy, are exaggerated or incorrect, as Member States may choose not to apply any restriction to the land market, or may even choose to introduce a very strict land policy – to quote Endre Tanka, a value-based land policy, or a democratic land reform.
In principle, the free movement of capital may not be restricted under land policy – in any Member State –, but restrictions may still be introduced if they serve public interests accepted by the European Court of Justice and are in line with the legal principles of proportionality and adequacy, provided that such provisions are not intended to discriminate against citizens of the other Member States. In my opinion, focusing on the issue of national sovereignty versus Community law will not bring us closer to a solution. It would be more useful to look into potential regulations which are compatible with Community law and would still help attain the desired goals.

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