Ein wohlgeordnetes Agrarstrukturverbesserungsgesetz im föderalen Deutschland

Structural changes in agriculture with constantly rising land prices, land concentrations in the assets of few companies, investments by venture entities and digitalisation negatively affect access to land for smaller enterprises. With regard to the state agrarian structure improvement laws de lege ferenda, the analysis demonstrates new perspectives of agricultural land transfer law for practical application. An innovative regulatory concept with new agricultural structural objectives is suggested. Among the objectives are the containment of concentrations, the regulation of company shareholdings and the strengthening of regional value chains, taking into account environmental and climate protection. The regulatory proposals will be analysed in the light of federalism and the model of well-ordered law as well as by reference to constitutional law, EU fundamental freedoms and EU state aid law. The key question is which agricultural policy model we intend to pursue in the future.