Abstract

The article contains a synthetic overview of specific legal regulations regarding trade in agricultural real estate in the EU and in Poland. The author's intention is to introduce the issue of limitations in the field of agricultural real estate, used in many EU countries. In Poland, these restrictions have been regulated since 2003 by the Act on shaping the agricultural system. However, this Act in the current legal situation raises many objections and interpretative doubts, also in terms of compliance with the provisions of EU treaty law. The latter accusations were also not upheld by other EU member states, including recently adopted countries. The multitude of premises that justified the introduction of restrictions on trade in agricultural land meant that the EC decided to issue guidelines on the conditions of admissibility of restrictions on the purchase of agricultural land by foreigners. This will undoubtedly make the trade of land in the EU more flexible on the one hand, and on the other, for better protection of agricultural land as the basic means of agricultural production.

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