1. Regulatory Competences of the European Union in the Sphere of the Land Registries and Real Estate Property Rights
Fernando P. Méndez González.
Associate Professor-University of Barcelona. Member of the European Law Institute Director of International Relations Colegio de Registradores de España

2. The art. 345 of the Treaty on the Functioning of the European Union –TFEU- and the “Lex Registrationis”.
“The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership”

3. Art. 345 of the TFEU reserves a regulatory nucleus for Member States to regulate the contents of property rights, with respect to the minimum contents set forth in art. 17 of the Charter of Fundamental Rights, because this Charter is a part of the European Law .
The regime of acquisition is also part of such contents and the Real Estate Registration System is part of this regime, even the deeds system. Such regulation must also respect the basic liberties of the European Union.

4. Examples showing that the European Union consider the “Lex Registrationis” as a competence of Member States:
Regulation (EU) 650/2012 of the European Parliament and Council, of July 4th 2012, on jurisdiction, applicable law, recognition and enforcement of authentic instruments in matters of succession and on the creation of an European Certificate of Succession.
 Land Registry Interconnection Project.

5. Regulation (EU) 650/2012 of the European Parliament and Council, of July 4th 2012 :
This Regulation states in article 1, section 2-1 that it will remain out of its sphere of application:
  “any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register”.

6. Along the same lines, art. 69 of the same Regulation states:
“#5. The Certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State, without prejudice to points (k) and (l) of Article 1(2).”

7. This implicit acknowledgement of the legislative competence of member states on land registries must be interpreted, or at least, could be interpreted, as a consequence deriving from art. 345 of TFEU.
In other words, article 345 of TFEU is the basis for the Lex Registrationis as a part of Lex rei sitae rule in the field of Property Rights Registration Systems

8. All of it with due “respect for the fundamental rights and
The Land Registry Cooperation Implemented by the Project for the Interconnection of the Land Registries as Manifestation of The Judicial Cooperation Foreseen in Articles 67 and 81 of the TFEU. Article 67.4 states:
“4. The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.” 
All of it with due “respect for the fundamental rights and
the different legal systems and traditions of the Member
States,” as established in section 1 of the same article.

9. An adequate interpretation of arts
An adequate interpretation of arts. 67 and 345 of TFEU has resulted in the decision made at the Working Party of the Project of Land Registry Interconection (WP-LRIP) to make the participation in it non-compulsory .
Contrary to it, the participation in the Business Registry Interconnection System (BRIS) is compulsory.

10. The Scope of art. 345 of TFEU Related to Ownership Legal Regime.
Ownership is a General Principle of European Union Law after the Treaty of Lisbon .
After it art. 6 of the Treaty of the European Union, treats the Charter of Fundamental Rights in the same manner as a Treaty of the European Union

11. 2.- Intellectual property shall be protected.”
Article 17 of the Charter reads as follows:
“Right to property
1.-Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.
2.- Intellectual property shall be protected.”

12. Competences of Member States :
Art. 345 of the Treaty on Functioning of European Union reserves a regulatory nucleus for Member States to regulate the contents of property rights, with respect to the minimum contents set forth in art. 17 of the Charter of Fundamental Rights, because this Charter is a part of the European Law .
The regime of acquisition is also part of such contents and the Real Estate Registration System is part of this regime, even the deeds system. Such regulation must also respect the basic liberties of the European Union.

13. Competences of the European Union
The European Union must respect the legislation of the Member States, but it is entitled to regulate in order to ensure that basic liberties are respected by each Member State´s legislation
The European Union could also, probably, legislate on property and other real rights if such regulation would facilitate the exercise of basic liberties and the development of the interior market, in compliance with the principles of subsidiarity and proportionality

14. To all the above it is worth adding that Real Estate is a particularly sensitive matter, as human beings are condemned to live on the same planet, and it constitutes the support of basic resources –food, housing…- and define the territory of the States, reason why they are so zealous about the regulation of property rights on Real Estate.