European Property Rights and Wrongs - Diana Wallis MEP

ing. Alternatively, also Article 352 TFEU can offer a legal basis, but this Article prescribes
a different legislative procedure, setting aside the European Parliament. 30
And the future?
It is unlikely in the short and medium run that the European Union would move
directly into land law as there are simply not enough cross-border movements at
this moment and therefore not enough clarity on the exact problems to justify action.
However, that is not to say that the European Union cannot do anything. First
of all it can assist in the coordination of Member States, especially in those Member
States where reform of property law is currently underway. Second, the European
Union can assist in participating, as independent advisor, to private initiatives such
as CROBECO, to learn more about the practical problems encountered by citizens
acquiring land in other Member States. Problems encountered, such as the ‘nationality
requirement’ of deeds offered for registration, can then perhaps be tackled.
The EU can continue to give attention to the e-justice portal and offer information
to citizens and advice or institutions or parties from whom advice may be
obtained. The EU and European Parliament in particular can continue to offer a
forum to discuss and debate matters of property law in the European Union so
that experts and interested parties from all across Europe can continue to meet
and work the the Parliaments Members to resolve problems and create policy.
30 The arguments for a legal basis are not that different from the debate on the possible
legal basis for a Euroepan Contract Law. On this, see Martijn W. Hesselink, Jacobien W.
Rutgers, en Tim Booys, The legal basis for an optional instrument in European contract
law, Centre for the Study of European Contract Law Working Paper Series (2007)
42
A European Land Law?