Browsing by Author "Balcerak, Sebastian"
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Item Konferencja „Wady i zalety schematów wsparcia bezpośredniego w ramach WPR w kontekście przyszłości płatności po 2013 r." Bruksela, 31 marca 2009 r.(Wydawnictwo Naukowe UAM, 2009) Balcerak, SebastianItem Nowe oblicza debaty nad wyrównaniem płatności bezpośrednich w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2009) Balcerak, SebastianThe paper deals with legal conditions and possibilities for income support consolidation in the EU. The author submits several conclusions on the legal aspects of addressing the issue of differing level of direct payments. Firstly, the question of equalization of income support levels is raised for two separate and independent reasons - one being the loss of legitimacy for significant disparities in amounts of direct support paid out to certain production sectors or regions and the other being the pressure of EU Member States unsatisfied with the principle of historical reference as the cornerstone of the current system. Secondly, the line of case-law of Community courts does not seem to support the relevance of arguments presented at EU forum, according to which equal level of direct payments would be tantamount to treating the beneficiaries of the agricultural policy in an equal way. Thirdly, the instruments introduced recently in the health check of the Common Agricultural Policy aimed at approximating the value of payment entitlements do not address the issue of different support level in a cross-border dimension, thus leaving the problem unanswered up until the next financial perspective.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.Item Nowe zasady pomocy państwa dla rolnictwa w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2007) Balcerak, SebastianIn the drafting o f the New Community guidelines for state aid in the agricultural and forestry sector for the years 2007-2013, the starting point for the European Commission was an assumption that economic effects o f aid granted in the agricultural sector are completely independent of their financing source. This approach is also the basis upon which legal instruments supporting the agricultural sector in member states are implemented on the same terms and conditions as those specifically set out for analogical instruments in Community law. Thus, while the Community character and the essence o f the mechanisms used to manage and streamline agricultural activities has remained untouched, the way for funds flowing from other than the Community’s resources has been paved. Therefore, in the discussion on the reform of the EU rules of state aid in agriculture, it is justified to indicate the basic assumptions of that regime. The paper aims to answer the question whether the situation of the subjects receiving support under the Common Agricultural Policy differs depending on the source of the financing instrument granted to them. The paper also touches upon the issue of a simplification of acquis communautaire in the context of the state aid rules.Item Przegląd Wspólnej Polityki Rolnej(Wydawnictwo Naukowe UAM, 2008) Balcerak, SebastianItem Reforma wspólnej organizacji rynku wina(Wydawnictwo Naukowe UAM, 2008) Balcerak, SebastianDifficult situation in the sector of the European wine products led the Community legislator to undertake a thorough examination of the legal mechanisms recently used in the process of administering the wine market. Increasing pressure from the new world wines together with growing surpluses and falling competitiveness of the EU wine production required a rapid response from the agricultural acquis. Thus, the aim of the paper is to analyse the main concept of the proposed legal framework in the light of the ongoing discussion at the EU level on matters related to crisis and risk management tools, climate change mitigation and, above all, to the future of the entire first pillar together with its relation towards the single payment scheme. The main findings of the considerations carried out in the paper bring several answers to what the possible future of the agricultural acquis might be. One should take particular account of the expected growing use of the subsidiarity principle which allows the Member States to take over main responsibilities for managing the situation in the sector to gether with the application of sector specific instruments. In addition to this, the reform empowers the Member States to decide on such sensitive issues like the prolongation of the planting right regime or allocation of funds among the farmers by way of payment entitlements distribution. Finally, the reform opens the door for the possible development of vine plantings in certain Member States where the level of wine production remains relatively low and persists to maintain regional, or even local character.Item Z problematyki uproszczenia wspólnotowego prawa rolnego(Wydawnictwo Naukowe UAM, 2007) Balcerak, SebastianThe EU agricultural law persists to be the most complex set o f legal rules within the acquis communautaire. The direct effect o f these provisions in the normative systems of the Member States depends on their transparency and the quality o f the EU legislation in a broader sense. The inclusion o f the Common Agricultural Policy into the scope o f the Community's simplification initiative shall be perceived as a proper and desirable step towards the improvement o f the quality o f agricultural acquis. The purpose o f the paper is to find out the links between the simplification process on the one hand, and the current trends in the evolution o f the CAP on the other. The main considerations have been conducted on the basis o f the analysis o f the proposal for a new Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (the so-called single CMO Regulation). The paper also takes a closer view on the legal aspects o f interinstitutional interactions and the mechanisms fo r the adoption o f legal acts at the level o f the Community directly attributable to the substance o f the simplification process. Despite using different terms and drawing certain distinctions between the categories o f the simplification o f the agricultural law (e.g. technical, procedural) by the Community legislator, this initiative remains to be a process o f rather political nature. This conclusion stems from the fact, that currently simplification serves as a tool o f smooth preparation of the legislative process aimed at making future changes to the CAP system.