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Mirela Carmen DOBRILĂ:Recent Amendments / Remakes of Law no. 17/2014 on the Right ...

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.

Keywords: the right of pre-emption to the sale of agricultural lands located outside the city limits/ the built-up area; Law no. 17/2014, Law no. 175/2020; exceptions of unconstitutionality; CJEU case law


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