Browsing by Author "Budzinowski, Roman"

Now showing 1 - 20 of 28
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    Contemporary challenges of agricultural law: among globalisation, regionalisation and locality (introductory considerations)
    (Wydawnictwo Naukowe UAM, 2018) Budzinowski, Roman
    The purpose of the reflection is to outline certain topical problems and to provide a framework for discussion. The conclusion that can be subsequently drawn is that among other things, the world (global) challenges facing agriculture and food economy must always be taken into account. In meeting today’s challenges, one cannot ignore the process of globalisation, but reference to locality ought to be made at the same time. The teaching of agricultural law should not only be of local nature, but should also address issues relevant to EU law (regional aspect) or see it in a wider international perspective (global aspect). The research must not be limited to the domestic law of a given country, but must also take into account international agricultural law and EU agricultural law (if viewed from the Polish perspective) as well as the interdependencies and tensions between the phenomena of globalisation, regionalisation and the locality. The same is true of the traditional relationship between agriculture and production, and of new relationships, such as agriculture and the market, agriculture and food, agriculture and the environment, and agriculture and rural areas. Each of them is interesting from a cognitive point of view and, what is more, is important in the practice of lawmaking and its application. It is also obvious that the implementation of contemporary challenges of agricultural law requires undertaking and conducting a comparative research. In order to facilitate such research, international cooperation should be widely developed.
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    Das Agrarrecht zwischen Geschichte und Zukunft. Einige Betrachtungen
    (Wydawnictwo Naukowe UAM, 2016) Budzinowski, Roman
    The purpose of the deliberations presented in this paper is ‘confrontation’ of the past and the future of agricultural law. A look to the future through making references to the past experiences allows us to wrap up the whole area of study and then adopt another perspective: agricultural law between tradition and modernity. By doing so we also determine a new direction of the development of agricultural law, moving from traditional to modern agricultural law, where the latter is a reflection of today’s need for the legal regulations to become adapted to the changing social and economic environment and goals. This takes the form of a still increasing although already huge number of legislative acts covering yet newer areas of legislation which is now expanding to the public law sphere as well. Modern agricultural law is a great challenge facing agricultural scholars today, who must not only recognise the need for further development of regulation, but also account for the changes taking place in agriculture itself and its social and economic environment. Research cannot be reduced to the development of new legal institutions only but ought to be accompanied with a wider theoretical reflection on the subject of the legislation as well as the new boundaries and the position of agricultural law in the legal system. Doing this will facilitate the process of the creation and enforcement of agricultural law.
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    Indywidualne gospodarstwa rolne w ustroju społeczno-gospodarczym PRL (rozważania na tle art. 131 k.c.)
    (Wydział Prawa i Administracji UAM, 1983) Budzinowski, Roman
    A new regulation of sec. 131 of the Civil Code (cc.) is deserving particular attention in the aspect of defining a place and role of indvidual farms in the socio-economic system. It is a new substantiation of a general clause of interpretation and application of civil law provisions formulated in sec. 4 c.c. In its impact the regulation exceeds a role of the interpretational directive. It is the most exhaustive, in our legislation, formulation of a relation of the State to individual farms. Two question's are the subject off detailed discussions i.e.: a) individual farms as a stable and equal in rights element of the socio-economic system, b) guarantees of ownership and complete protection of individual farms. There is an apparent interrelation between the- guarantees of ownership and complete protection afforded by the State to individual farmls, and recognizing these farm's as a stable and equal in rights element of the socio-economic system. Yet, the guarantees of ownership and complete protection do not preempt the State's right of intervention. It seems justified to say that the ownership of individual farms is guaranteed by the State in certain limits and under certain conditioms. The regulation of sec 131 c.c, will be expressing current trends in the legislation determined by political considerations, until it is reflected in the Constitution. The article is concluded with the postulates on the developement of agrarian policies, on legislation and on the studies on agricultural law.
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    Jeszcze o przyszłości prawa rolnego
    (Wydawnictwo Naukowe UAM, 2010) Budzinowski, Roman
    The question concerning the future of agricultural law is not only academic in nature. It pertains to essential issues on the functioning of economy, particularly agricultural economy, thus is has a political, social or economic aspect, being not only local, but also global. It is an issue important not only for agricultural producers themselves, but also for consumers, i.e. for the broadly understood general public. For specialists in agricultural law its special importance is not limited to the Hamlet’s hesitation over to be or not to be. The paper constitutes a supplementation and deepening of considerations contained in the paper on “The future of agricultural law”, published in Przegląd Prawa Rolnego 2009, no. 1. The Author presents mechanisms of development for regulations concerning agricul-ture and fields related to agriculture, modifications of the object of this regulation and methods of its influence and – in view of the above – the development of science on agri-cultural law.
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    Międzynarodowy czynnik rozwoju prawa rolnego
    (Wydawnictwo Naukowe UAM, 2007) Budzinowski, Roman
    Agricultural law development is determined by factors that exist within the internal boundaries o f a given state on the one hand, and by certain international factors, on the other. While the former ones are o f a local character only, the latter comprise a number of phenomena o f a supranational character, e.g. political, economic or legal, which are responsible for political choices in individual states regarding agricultural policies, thus influencing the development o f relevant legal regulations. In the paper the author discusses two phenomena o f an international character, although o f different scope and direction o f influence: globalisation and régionalisation (limited, for the purpose o f the paper, to integration within the European Community). Then he explains how those two influence the development o f Polish agricultural law. Globalisation and régionalisation determine the directions o f the necessary developments in Polish agriculture, and consequently, modifications of legal regulations. And so, Polish agricultural law stands somewhat amongst globalisation, régionalisation and its local character. The resulting changes are most visible in the spheres o f domestic law that come directly under the Common Agricultural Policy. The author postulates that the remaining spheres o f national agricultural law should also be modified and approximated to meet the contemporary requirements.
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    O potrzebie nauczania prawa rolnego
    (Wydawnictwo Naukowe UAM, 2010) Budzinowski, Roman
    At present agricultural law is not a subject of courses commonly taught within university law studies in Poland. At some universities it is an obligatory course within the curriculum of law studies, while at others it is realised as an optional course. There are also universities at which no lectures or seminars are offered in that field, either because it is not chosen by students as one of their optional courses, or it is not offered at all. Not all universities have separate organizational units (departments or subdepartments), which would be involved in these subjects as part of their teaching and/or research activities. Thus the aim of these considerations was an attempt at the justification for the need of common teaching of this field in judiprudence. The author convinces that recognition of agricultural law as a field of law with relative autonomy does not reduce either the need for teaching or teaching autonomy. What is more, an advantage of this law in terms of teaching practice is its comprehensive character (including legal regulations from both private and public law). The considerations contain detailed arguments and indicate what needs to be taught (what contents to should be given) and what resources/tools should be used.
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    O potrzebie rozwoju nauki prawa rolnego
    (Wydawnictwo Naukowe UAM, 2012) Budzinowski, Roman
    The consequences of the difficult environment which the law sciences in Poland have been recently facing are particularly harsh for the science of agricultural law. Those unfavourable conditions manifest themselves inter alia in a very low number of lawyers who specialise in agricultural law, which is, essentially, a result of the limited, or even completely abandoned teaching of that subject at Polish universities. Other related disciplines such as agricultural administration or food law are also being neglected. And yet, as the EU and domestic legislation continues to expand, there is an increasing demand for scientific reports of various nature, including legal expertise. The author argues that Poland’s participation in the Common Agricultural Policy is an obvious reason for development of agricultural law, and emphasises the importance of that branch of law, looking at it from different angles. He addresses his postulates not only to specialists in agricultural law, but also lawyers working in other fields, and in particular those with deciding power that may help to educate a Polish law school graduate well prepared to meet the challenges and demands of the domestic as well as European legal services market.
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    Podstawowe założenia metodologiczne w nauce prawa rolnego
    (Wydawnictwo Naukowe UAM, 2013) Budzinowski, Roman
    Basic Methodological Assumptions in the Science of Agricultural Law S u m m a r y The aim of the deliberations presented in this paper is an attempt to identify the basic methodological assumptions that are, or at last should be, taken into account in the agricultural lawyers’ work. These assumptions are determined by the objectives and conditions of the research and, with regards to the latter, by the characteristics of the analysed legal regulations and the social relationships constituting the object of these regulations. The deliberations are based on two theses that constitute at the same time preliminary assumptions for further discussion: that the study of agricultural law, due to the current and future development of legislation, is void of the temporariness feature, and that a separate, specialised study on the subject is useful and desired. The following methodological assumptions are discussed: (i) the importance of including the agricultural aspect in legal regulations, (ii) the need to maintain the identity of agricultural law, (iii) the requirement of uniformity of regulations on agriculture, (iv) the need to use in the studies on agricultural law the solutions developed in other legal and non-legal sciences. The first three assumptions serve to determine the area of research in agricultural law, while the fourth identifies the manner in which the research should be conducted.
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    Pojęcie gospodarstwa rolnego według kodeksu cywilnego (rozważania na tle art. 55 3 k.c
    (1991) Budzinowski, Roman
    The article investigates the concept of agricultural real estate according to Art. 553 of the Civil Code. In particular, the author poses the question to what extent this concept corresponds with the requirements of modern agriculture. Three issues have been analysed in detail: the legal structure of an agricultural real estate, the basis of unity of components arranged into an agricultural real estate and the legal qualification and functions of particular material components of an agricultural real estate. The author concludes that the legislator does not treat an agricultural real estate as a unit of ownership only, but approaches this issue from the objective angle. For the time being, such an approach may be considered sufficient. However, in the future there may appear the neeed to pay more attention to functional aspects of an agricultural real estate, and thus the reference to the economic category of an agricultural real estate may prove necessary. At present, the concept of an agricultural productive unit assumes the presence of agricultural land. This is why the Civil Code provisions on agricultural real estates are not applicable to agricultural productive units that do not have such land. The author postulates to amend the Code provisions adequately.
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    Prawo rolne wobec współczesnych wyzwań
    (Wydawnictwo Naukowe UAM, 2014) Budzinowski, Roman
    The underlying assumption of the deliberations presented in this paper is that development of agricultural law is a result of the challenges and changing agricultural policies that agriculture has had to cope with over many past centuries. As a consequence, agricultural law has, on the one hand, been adopting to the changing environment, and on the other hand it was changing internally, passing through different stages of development. Today, the Resolution of the European Parliament and the Council of December 2013 setting out the legal framework of the common agricultural policy may be regarded as a response to the challenges which agriculture and food management are currently facing. The conclusion is, among others, that today agricultural law continues to demonstrate enormous adaptive potential. The best proof confirming this claim is that its scope has now gone beyond the strictly understood land matters and extended first, on the regulation of the organisation of an agricultural market, to subsequently include agro-industry, food and environmental issues, rural development and climate protection.
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    PRZEGLĄD PIŚMIENNICTWA
    (Wydział Prawa i Administracji UAM, 2002) Budzinowski, Roman
    Paweł Czechowski, Proces dostosowania polskiego prawa rolnego i żywnościowego do prawa Unii Europejskiej, Wydawnictwo Twigger S.A., Warszawa 2001, ss. 376.
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    Przyszłość prawa rolnego
    (Wydawnictwo Naukowe UAM, 2009) Budzinowski, Roman
    The purpose of these considerations is to determine the future of agricultural law. The Author makes the following assumptions: firstly, regulation on various aspects related to agriculture will build itself up also in the future and its separation as agricultural law will still be possible due to specific features thereof; secondly, the subject of agricultural law shall not be restricted to production of agricultural goods, but at the same time omitting the stage of primary agricultural production seems impossible against the background of the ongoing extension f legislation in the sphere of agriculture and farm related activities. Such different aspects of legal regulation of this part of the economy should be formulated in a way which allows for agricultural law consolidation - not its distraction. The Author concludes by pointing at new foundations of agricultural law development and takes note of legislation growth in the field of agri-environment law, agri-food law and rural development law.
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    Rodzinny charakter indywidualnego gospodarstwa rolnego. Zagadnienia prawne
    (Wydział Prawa i Administracji UAM, 1985) Budzinowski, Roman
    The Constitutional Changes Act of 20 July, 1983, has enriched the hitherto existing characterisation of individual farms with the adjective "family". The adjective reflects a basic feature of this productive unit. At the same time, the expression "a family farm" specifies a new normative construction. The object under consideration are those legal issues, which might be used to specify more closely the normative construction of the family farm. The author discusses such detailed issues as: personal relations among the family working on the farm, the importance of a common place of residence and of a joint running of the house family work on the farm and the connections between the family and the holding. Concluding, the author states, that the degree to which the legislator takes into consideration the family character of the individual farm is a reflection of the attitude of the state to this form of farming. In the period when no perspectives of growth were created for individual farms, the "family" character of this productive unit was not noticed or even ignored. It is different today, when premanence and stability is guaranteed to individual farms.
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    Rozwój prawa rolnego w ostatnich latach
    (WYDAWNICTWO NAUKOWE UNIWERSYTETU IM. ADAMA MICKIEWICZA, POZNAŃ, 2011) Budzinowski, Roman; SUCHOŃ, ANETA; Błażejewska, Kamila
    The article is an extended version of a paper Dévéloppement scientifique et pratique du droit rural dans L’UE, dans les régions et dans L’OMC, presented at the 26th European Congress and Colloquium of Agricultural Law (Bucharest 21-24 September 2011). The development of agricultural law in recent years has been determined by factors of both international and regional and local importance. Although no acts of the EU agricultural law have been enacted to become equivalents of the so-called European agriculture codes, numerous attempts have been made in order to determine the future agricultural policy, culminated in the publication of a package of legislation proposals on 12 October 2011. It is justified to state an extension of material regulations concerning agriculture, its expansion, internationalization, as well as its being Europe-oriented, focused on rural areas and ecology-oriented. At the same time the EU agricultural law is becoming increasingly regulatory in character, rather than intervention-oriented. Agricultural law in Poland is developing rapidly in those areas, which are covered by the Common Agricultural Policy. This is manifested in the Polish agricultural law becoming Europe-oriented and at the same time this law may be ascribed the above-mentioned development trends. In turn, in areas not covered by the Common Agricultural Policy the development dynamics observed for the EU law is not found.
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    SPRAWOZDANIA I INFORMACJE
    (Wydawnictwo Naukowe UAM, 2010) Budzinowski, Roman
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