The right of citizens of the European union on acquisiton of real estate in Serbia

Abstract

Stabilization and association agreement between EU and Serbia provides for that within four years from the entry in force of its provisions shall progressively adjust it legislation concerning the acquisition of real estate in its territory by nationals of Member states of European union to ensure the same treatment as compared to its nationals. In this paper author analyze the meaning of this obligation. It is not clear whether this provision of SAA obliges Serbia to harmonize its legislation with EU acquis concerning acquisition of real estate or it is unilateral international obligation. With a that regard author analyze provisions of EU Treaty regarding this issue, as well as decision of Court of Justice on this matter and concludes that this provision of SAA provides for unilateral obligation for Serbia. Author also analyzes the changes of Serbian Law on Agriculture adopted on 28. August 2017. In his view the conditions and restrictions set up by new law are not in line either with the wording of SAA, neither with existing jurisprudence of the Court of Justice of EU.