Food Sovereignty: Is There an Emerging Paradigm in V4 Countries for the Regulation of the Acquisition of Ownership of Agricultural Lands by Legal Persons?

Abstract

This study aims to provide an overview of regulation with regard to the acquisition of ownership of agricultural lands by legal persons in four countries: Hungary, Slovakia, Poland, and the Czech Republic. Each state is analysed in separate chapters. The frame of reference for this research is food sovereignty; therefore, regulation in the respective countries is examined in light of this paradigm. Research has shown that even in a group of such closely related countries, there are significant differences in the scrutinised legal regulation. At the end of the study, a conclusion is drawn in light of food sovereignty.

Agricultural land succession rules in the Visegrád countries and the relevant case-law of national constitutional courts

“…In Slovakia, there are no specific rules on the inheritance of agricultural land. 9 The general succession rules of Act No. 40/1964 Coll., the Civil Code, as amended 10 (hereinafter referred to as the Slovak Civil Code) apply to such cases.…”

“…Since 2016, due to an amendment to the Act of April 11, 2003, on the Shaping of the Agricultural System, a twofold obligation has been imposed on the acquirer of agricultural property in Poland aimed at the utilization of agricultural land and preventing capital investments in such land, and also to ensure food security in the country. 72 According to the Act, the acquirer is required to run the agricultural holding to which the real agricultural property belongs for a minimum period of five years from the date of acquisition. 73 During this period, the acquirer is prohibited from selling agricultural property or transferring possessions.…”

The current legislation on land protection in Slovakia with particular regard to the decision of the Slovak Constitutional Court on unconstitutional provisions of the Act on land acquisition

“…In case of Slovakia, this 'duty' has been declared in the Slovak Constitution via amendment 4 no. 137/2017 Coll., 5 with effect from June 1, 2017. 6 This change responds to the Programme Declaration of the Government of the Slovak Republic for 2016-2020 (hereinafter referred to as Programme Declaration).…”