Hungarian Yearbook of International Law and European Law


The Past, Present, and the Future of Hungarian Land Law in the Context of EU Law

Or, why Hungary Became One of the Most Active Member States in Land Matters before the CJEU?

Keywords land law, Hungary, Grossmania, SEGRO and Horváth, CJEU
Authors János Ede Szilágyi en Hajnalka Szinek Csütörtöki
Author's information

János Ede Szilágyi
János Ede Szilágyi: professor of law, University of Miskolc; director, Ferenc Mádl Institute of Comparative Law, Budapest.

Hajnalka Szinek Csütörtöki
Hajnalka Szinek Csütörtöki: PhD candidate, Ferenc Deák Doctoral School of Law, Faculty of Law, University of Miskolc; researcher, Department of Private Law, Ferenc Mádl Institute of Comparative Law, Budapest.
  • Abstract

      In the span of a few years, Hungarian land law regulation has significantly changed from an under-regulated area to a highly structured, well-established system of detailed rules. This transformation can be attributed, inter alia, to the country’s accession to the EU – which is definitely an important milestone for Hungarian land law. Indeed, EU law provides an essential regulatory framework for agricultural and forestry land transfer. After the expiry of the transitional period, the European Commission launched a comprehensive investigation of the land law legislation of Member States that joined the EU in 2004 (including Hungary) or thereafter. The investigation revealed that certain land law regulations were non-compliant with EU law, leading to the initiation of infringement proceedings. Moreover, it should be highlighted that preliminary ruling procedures were also initiated before the CJEU on questions of national land law. The present paper provides a comprehensive overview of the infringement proceedings and preliminary rulings concerning the Hungarian land law regime, paying particular attention to the recent Grossmania case.

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