Przegląd Prawa Rolnego, 2008 Nr 2 (4)
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Browsing Przegląd Prawa Rolnego, 2008 Nr 2 (4) by Author "Czechowski, Paweł"
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Item Agencja Nieruchomości Rolnych - restrukturyzacja czy likwidacja?(Wydawnictwo Naukowe UAM, 2008) Czechowski, PawełA question is posed whether the Agricultural Property Agency should be liquidated or restructured. This issue is discussed on the basis of the existing legal regulations and experience, recommending, in conclusion, the latter option. Consequently, three restructuring solutions are offered. The first one, modelled on the French solution SAFER, consists in the transformation of the Agency into an institution whose task would be to shape the turnover and structure of agricultural property. This institution, acting as a group of public companies in a decentralised system, and having a central, or federal structure, would implement the noncommercial mission of the public interest, creating agricultural holdings of desired sizes, or propagating settlements in desired areas. The second model provides for the transformation of the Agency into an entity that would manage the agricultural property of the State Treasury. Such a structure would resemble the Spanish model 1RYDA, and would provide for a centralised structure appointed within the structures of the Ministry of Agriculture and Rural Development, and the regional public entities supervised by ministerial territorial agencies. The third model that is worth considering is gradual transformation of the current Agency and resulting from it gradual elimination of the fiduciary role of the State Treasury. If that model is adopted, this process should have been completed before state agricultural property has been fully privatised. At that time the Agricultural Property Agency should be transformed in a state entity with a legal status.