Constitutional issues of land transactions regulation

Abstract

Constitutional Court has dealt with the issues of land transactions regulation in several decisions. Within this paper I would like to discuss two Constitutional Court decisions – appeared in 2017 – which set up unconstitutionality caused by the legislator’s omission. Both decisions were on agricultural land with the difference that one of the decisions1 focused on succession (testamentary disposition) provisions related to land transaction, so focused on the right to property and succession; while the other decision2 focused on the regulation of environmental protection and natural conservation of Nature 2000 areas – became private ownership – and protection of environmental resources. These Constitutional Court decisions are progressive for judicial practice and jurisprudence as well in the aspect of further regulation and defining the regulatory framework.