Romania’s Constitutional Court (CCR) is due to hear on Wednesday President Klaus Iohannis’ appeal against a law that would allow administrative-territorial units to simply buy agricultural land outside the city limits.

The head of state sent a notice to the DRC about the unconstitutionality of the law, which provides for the possibility of obtaining agricultural land outside the city limits by administrative and territorial units in a simplified procedure without observing the conditions and established terms. or investments of public benefit, notes Agerpres.

The regulatory act amends Law No. 17/2014 on certain regulatory measures regarding the sale of agricultural land located outside the city limits and amends Law No. 268/2001 on the privatization of companies that manage public and private land that belong to the state for agricultural needs, and the establishment of the State Domains Agency.

The law, which was sent for promulgation on June 20, amends and supplements Law No. 17/2014 in terms of the exclusion from its scope of agricultural land located outside the village, on which tree crops and vineyards belonging to natural persons are located can alienate an area of ​​no more than 3 hectares for a period of 3 years; establishment of the possibility of acquisition by administrative-territorial units of agricultural lands located outside the city limits for investment purposes of local public interest, as an exception to the conditions and terms provided for the exercise of the right of preferential purchase, naturally. individuals, legal entities and other potential buyers; cancellation of the obligation to pay tax in the amount of 80% of the amount of the difference between the sale price and the purchase price according to the notarial grid for the relevant period in the case of a sale, the object of which is agricultural land located outside the village on which tree crops are located and vines, for the 8th anniversary of the purchase.

“Due to the method of adoption regarding its normative content, the law subject to constitutional control contradicts the provisions of Article 73 paragraph (3) letter m), Article 76 paragraph (1) in relation to Article 44 paragraph .. (1) thesis II and paragraph (2) ) sentence II, as well as article 147, paragraph (4) of the Constitution,” says the appeal to the CCR.

According to the head of state, the law should have been adopted as organic, and one of its consequences is that it will allow alienation by sale to any person of categories of land excluded from the scope of the law, without observing the right of first purchase.

“Because it establishes a legislative decision that is a departure from the organic law, and also intervenes in the sphere reserved for the organic law, the criticized law was qualified as ordinary, which violates Art. 76 p. (1), as well as Art. 147. item (4) of the Constitution”, the message states.

The President also claims that the exclusion from the scope of Law No. 1000/2009 r. 17/2014 of agricultural lands located outside the village, on which there are plantations of trees and grapes, owned by individuals who can alienate an area of ​​no more than 3 ha within 3 years, is a change in the conditions under which foreign citizens and stateless persons will be able to acquire private ownership rights to such lands.

“From this constitutional point of view, the change of the relevant conditions required the adoption of the law amending and supplementing Law No. 17/2014 as an organic law in accordance with the provisions of Article 44, paragraph (2) sentence II of the Basic Law,” the message also states.

President Yohannis is asking the CCR to recognize the transfer and declare the law unconstitutional in its entirety.