President Basescu rejects law on purchase of land by European citizens
President Traian Basescu asked the Parliament to re-examine the law on the sale-purchase of farming land by natural persons and the setting up of the Authority for Administration and Management of Land. According to a press release of the Presidential Administration, the title of the law sent for promulgation refers to measures for the purchase-sale of land by natural persons.
The same can be found in art. 1 letter b) of the law. At the same time ar. 2 par.2 foresees that the law applies both to natural and juridical persons from states members of the European Union. Consequently I consider the provisions are contradictory and create confusion about the application of the law, says the re-examination request signed by the head of state.
This stipulation is not clear and does not show if the law also applies to juridical persons of Romanian nationality or only to juridical persons with nationality of an EU member state, other than the Romanian ones, the request mentions. A law must be both predictable and foreseeable.
President Basescu also mentions in the re-examination request that the law should also stipulate the procedure to be applied in case the preemption right is not exerted by legal beneficiaries and the seller of the land receives a price lower than the sale offer made at the initiation of the sale procedure.