Przegląd Prawa Rolnego, 2008 Nr 2 (4)
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Browsing Przegląd Prawa Rolnego, 2008 Nr 2 (4) by Author "Balcerak, Sebastian"
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Item Nowe obszary aktywności prawodawczej Wspólnoty a cele polityki rolnej(Wydawnictwo Naukowe UAM, 2008) Balcerak, SebastianThe permanent and everlasting character of the Treaty objectives of the Common Agricultural Policy has never blocked the evolution of the agricultural acquis and the application of numerous legal instruments. Both the ECJ case-law and the history of secondary law prove the multiplicity of goals and intentions carried out on the internal market of agricultural products and across rural areas of the EC. Further on, the disparities between the Treaty objectives as such and the broad margin of discretion of the EU institutions in the choice of legal instruments implementing the guidelines of primary law do not render any political decision or measure adopted within the CAP legislative process invalid. This is confirmed by the rich literature based on the Court’s findings. However, this does not allow us to leave without a comment the new legislative initiatives of the Community entering completely new areas of activities in the field of agriculture and beyond its scope. These initiatives require a deeper analysis as they are based under the assumption that the agricultural acquis together with its financial background may and should serve the purpose of other policies: i.e. social policy, energy policy, food safety and food habits or even development projects in third countries. At the same time, the recent introduction of new mechanisms from the sphere of crisis management into direct support legal structure complicates the already disordered catalogue of CAP objectives. Such a situation surely brings a new issue into the discussion on the future of the Common Agricultural Policy and thus demands an appropriate comment.