on the examination of the opinion of a local land commission in administrative proceedings
On the basis of a motion for preliminary ruling submitted by Panel No. K.IV of the Curia, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision on the examination of the opinion of a local land commission in administrative proceedings:
- In a case specified by Section 27 (1) of Act CXXII of 2013 on Transactions in Agricultural and Forestry Land, an agricultural administrative body may issue a decision in the possession of the local land commission’s opinion issued in accordance with constitutional criteria and statutory provisions.
- The agricultural administrative body shall be required to examine whether the opinion is supported by facts and data, and is reasoned, justified in detail, and free of contradictions.
- If it finds that the opinion does not comply with constitutional criteria or statutory provisions, it may not alter or disregard it. It is obliged to contact the local land commission, where appropriate on several occasions, with the aim of making it issue a lawful opinion.
- The Curia’s Adjudicative Panel No. K.IV may depart from the interpretation of the law contained in Decision No. Kfv.37.502/2022/7, which was published in the Collection of Court Decisions and may no longer be invoked as binding.