Full text of the paper:

Preuzimanje rada u pdf formatu

Collected Papers of the Faculty of Law, University of Novi Sad

2019, vol. LIII, No. 2, pp. 619–638

Language of the paper: English

Overview paper

udk: 349.42:061.1EU

doi: 10.5937/zrpfns53-20715

Author:

 

János Ede Szilágyi, Ph.D., Associate Professor

University of Miskolc

Faculty of Law

celesut@gmail.com

Abstract:

Primarily focusing on the European Union (EU) law and the national law of the Member States of the EU, this paper presents the changing legal concept of rural communities and/or agricultural communities (hereinafter together referred to as rural communities). Since the EU’s concept of rural communities is significantly based on the definition provided by the Council of Europe, hence, the paper also asesses the background of the rural communities’ concept connected to the Council of Europe, namely, the European Charter for Rural Areas and scientific reports connected to the Charter. The legal definition of rural communities is elementary for Hungary – among others – since the conservation of rural communities was a determining reason at the time of the adoption of the new Hungarian land law. According to the jurisdictions of the Court of Justice of the European Union, certain aspects of the conservation of rural communities shall serve as a legal public interest objective for national measures concerning land transactions. Therefore, this situation raises the question: what does the term ‘rural community’ mean.

Keywords:

rural community – agricultural community – rural law – farmland – acquisition of agricultural land.