European Property Rights and Wrongs - Diana Wallis MEP

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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?
Short Bibliography Bram Akkermans, The Principle of Numerus Clausus in European Property Law (Antwerp: Intersentia, 2008) Bram Akkermans, 'Property Law and the Internal Market', in Sjef van Erp, Arthur Salomons and Bram Akkermans (Eds.), The Future of European Property Law (München: Sellier European Law Publishers, 2011), forthcoming. Bram Akkermans and Eveline Ramaekers, 'Article 345 TFEU (Ex. Article 295 EC Treaty). Its meanings and interpretations', in European Law Journal (2010), 292–314. Peter Sparkes, European Land Law (Oxford: Hart Publishing, 2007) William J. Swadling, Property Law: 'General Principles', in Andrew Burrows (Ed.) English Private Law (Second Edition, Oxford: Oxford University Press, 2007), 219–401 Sjef van Erp, ‘Comparative Property Law’, in: M. Reimann & R. Zimmermann (eds.), The Oxford Handbook of Comparative Law (Oxford: Oxford University Press 2006) 1043–1070 Sjef van Erp, 'European and National Property Law: Osmosis or Growing Antagonism?' (Walter van Gerven Lectures, 6, Groningen: Europa Law Publishing, 2006) Sjef van Erp, European Property Law: 'A methodology for the future', in Reiner Schulze and Hans Schulte-Nölke, European Private Law – Current Status and Perspectives (München: Sellier European Law Sellier, 2010), 227–248. 43
Page 1 and 2: European Property Rights & Wrongs E
Page 3 and 4: Contents Introduction 5 A few words
Page 5 and 6: Introduction A few words from Diana
Page 7 and 8: with property rights (this being su
Page 9 and 10: level and provides a counterweight
Page 11 and 12: European Property Wrongs - what can
Page 13 and 14: area particularly in the resort of
Page 15 and 16: not be readily accessible to be sea
Page 17 and 18: the issues confronting citizens. So
Page 19 and 20: Realizing that on our own, or even
Page 21 and 22: The difficulties have arisen from t
Page 23 and 24: The lobbying continues to find a po
Page 25 and 26: the people of Parcent who welcomed
Page 27 and 28: The differences in conceptual and i
Page 29 and 30: Peter Sparkes European Land Law: to
Page 31 and 32: Two aspects of EU competence will n
Page 33 and 34: A lawyer equipped to handle the fir
Page 35 and 36: Bram Akkermans Property Law in Euro
Page 37 and 38: curacy of the information offered.
Page 39 and 40: the doctrine of effectiveness (effe
Page 41: Treaties are neutral whether shares
Page 45 and 46: Given the enormous divergence betwe
Page 47 and 48: sense, meaning the fullest right a
Page 49 and 50: Concluding remarks After some intro
Page 51 and 52: which the land is sited, that is fo
Page 53 and 54: The Valencian legislators need to b
Page 55 and 56: use law is regionalised and so the
Page 57 and 58: Practical solutions to the challeng
Page 59 and 60: egions. For example in Spain, commu
Page 61 and 62: Let me give you another example, th
Page 63 and 64: • The Brussels I Regulation No.44
Page 65 and 66: puted, perhaps leading to the loss
Page 67 and 68: the land books. These rights are ve
Page 69 and 70: ance needs to be struck between pro
Page 71: www.alde.eu www.dianawallismep.org.

European Property Rights and Wrongs - Diana Wallis MEP

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