Modificări/remake-uri recente ale Legii nr. 17/2014 cu privire la dreptul de preempțiune la vânzarea de terenuri agricole situate in extravilan, în lumina jurisprudenței Curții de Justiție a Uniunii Europene
Recent Amendments / Remakes of Law no. 17/2014 on the Right of Preemption for the Sale of Agricultural Land located outside the Built-up Area. Correlations with Jurisprudence of the Court of Justice of the European Union

Summary/Abstract: Considering the existing concerns at European and national level regarding land concentrations and the avoidance of excessive land speculation, this article analyzes the amendments to Law no. 17/2014 on the right of preemption to the sale of agricultural land located outside the built-up area. The article analyzes the recent amendments brought by Law no. 175 of 14 August 2020, in force on 13 October 2020, concerning the change of the category of holders of the right of pre-emption to the alienation by sale of agricultural lands located outside the built-up area and the reasons that determined these changes, the necessary conditions for exercising the right to preemption, limitations on the alienation of land purchased through the exercise of the right of preemption; the exceptions of unconstitutionality (already arising) of the provisions of Law no. 175/2020 are also analyzed. Based on the specific nature of agricultural land recognized by the CJEU, the article examines aspects of the CJEU's case law on the acquisition of agricultural land in the EU and the public policy objectives justifying restrictions on the movement of agricultural land.

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