Browsing by Author "Albisinni, Ferdinando"
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Item Europejskie prawo rolne po Traktacie z Lizbony pomiędzy interwencją a regulacją. Europejskie kodeksy rolnictwa(Wydawnictwo Naukowe UAM, 2011) Albisinni, FerdinandoThe implementation of the Lisbon Treaty has brought about a profound institutional reform, with significant consequences both in terms of the contents and structure of the European agricultural law. This treaty introduced very important changes in the regulation of the Common Agricultural Policy concerning first of all the institutional and competence aspects and to a lesser degree – also the material aspect. At the same time, with changes at the institutional and competence levels introduced by the Lisbon Treaty and being a con-sequence of the legal regulation of agriculture subjected to a regular legislative procedure, a novel aspect has appeared in the relation between economy and law within the Common Agricultural Policy. In view of the latest European reforms, which took place before and after the Lisbon Treaty, we may observe a trend towards the creation of a European code of agricultural law. However, this code is not only a uniform code for the twenty seven countries presently comprising the European Union, but rather a common code, in which the needs and subjects at the national, regional and local levels occupy an important position next to those competent for the undertaking of central normative decisions. It is a model for the codification and a code differing from the national codes originating from the 18th century.Item „Reformy reform” Wspólnej Polityki Rolnej a art. 39 i 43 Traktatu o funkcjonowaniu Unii Europejskiej po Traktacie z Lizbony(Wydawnictwo Naukowe UAM, 2010) Albisinni, FerdinandoThe article presents and evaluates reforms which have been taking place in the Common Agricultural Policy in the last several years, which the author refers to as reforms of the reform, due to their continuous character. Particular emphasis has been placed on the effect of successive reforms (starting from those of the 1990’s and ending with the Health Check and the Treaty of Lisbon) on the division of competence and responsibility between the Union and the member states (and their regions) as well as between the EU bodies themselves. In the context the author indicates especially an increased role of the European Commission in the legislative process concerning agricultural law and potential consequences in terms of the arbitrary character of decisions made. Moreover, certain discrepancies are indicated in the direction of reforms and resulting changes in terms of instruments of the Common Agricultural Policy. The need is suggested to revise decisions on the departure from instruments of market interventionism on agricultural markets, which seems to go in the opposite direction to the current tendency for state interventionism in economy in view of the world financial crisis.Item Transgraniczna ochrona produktów żywnościowych(Wydawnictwo Naukowe UAM, 2010) Albisinni, FerdinandoThe paper examines the rules that at the present time regulate the protection of agrifood products against trans-border counterfeiters. The occasion for the discussion of the topic is a recent judicial decision of the European Court of Justice (the “Parmesan” case), which excluded any duty of a Member State to prosecute ex officio people liable in its national territory for the violation of a PDO-PGI which has origin in another MS. The author underlines the contradiction of such a position with the basic foundations of the European internal market, and discusses some possible solutions to this contradiction which may be found at the European level in the principles stipulated in Regulation No. 2006/2004, and at the international level in art. 3 of the TRIPs Treaty.