Przegląd Prawa Rolnego, 2008 Nr 2 (4)
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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.Item Ubezpieczenia gospodarcze jako instrument zarządzania ryzykiem w rolnictwie. Doświadczenia wybranych państw Unii Europejskiej(Wydawnictwo Naukowe UAM, 2008) Szymecka, AgnieszkaIn the face of a growing agricultural production risk and related price increase, risk management in agriculture is becoming increasingly important. Higher price risk is a result of continuing reforms of the Common Agricultural Policy and the weakening of the existing risk management mechanisms. Increased agricultural production risk is caused by escalating occurrences of adverse weather conditions resulting from climatic changes, which consequently bring about frequent and growing losses in the process of agricultural production. Hence such an importance of risk management today. The paper focuses on the system of agricultural produce insurance, which is one of the key risk management mechanisms. Both, advantages and pitfalls of developing insurance markets have been presented. Solutions functioning in Spain and Italy have been analysed and on that basis the current situation in Poland was assessed and described. The weaknesses of the Polish system were depicted and some desired changes postulated.Item Z problematyki zarządzania i kontroli związanych z płatnościami jednolitymi w Polsce - kontrola na miejscu techniką teledetekcji(Wydawnictwo Naukowe UAM, 2008) Staniewska, AnnaThe subject of the paper is remote sensing as a control method performed under the so called 'on-the-spot' checks, which are an element of the Integrated Administration and Control System. This method enables substantial reductions of administrative costs and a more comprehensive use of collected data. The question answered in the paper is whether the existing regulations in Poland provide for a wide application of this method. The analysis of relevant Polish legislation and control procedures used by the competent authority (the Agency for Restructuring and Modernisation of A griculture) shows that the current regulations do not provide for the use of remote sensing as a rightful control method. To change that would require convergence and a greater interoperability between the Land Parcel Identification System and the Polish cadastre system, as well as a change in the philosophy of the on-the-spot checks. A temporary measure could be a set of new practical guidelines, addressed to both farmers and contractors performing the checks and concerning a number of land use aspects and control requirements.Item Rolnictwo ekologiczne w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2008) Canfora, IreneRegulation (EC) No 834/2007 concerning organic production and labelling introduces some important changes into European rules on organic farming. The paper deals with general objectives and principles that regulate the agricultural production and focuses on the environmental principle. There are two reasons for that. One, because it constitutes the natural prosecution of European rules concerning the promotion of environmental measures that find an important application in the case of agricultural producers applying for aid for organic farming. Moreover, environmental protection follows the consumers’ demand for organic products. Furthermore, it is discussed how new rules introduce a differentiation between national organic productions through flexibility principle. It gives the Member States the possibility to ask the Commission for specific derogations under Article 22 and by the provision allowing the Member States to use national labels for labelling and advertising of organic products. Under the above circumstances, innovative rules of Regulation 834/2007 provide new perspectives for the sphere of agricultural production regulation. This is because of the modifications to the original scheme of the European rules in this field which have become more characterised by national identification.Item Agroturystyka w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2008) Kapała, AnnaIn Community law, the term rural tourism is more often used than agro tourism. Neither of the terms though has been given a definition. The aim of this paper is to precise the concept and scope of rural tourism, to identify its subject and objects, and the extent to which it is related to an agricultural holding and agricultural activity. In order to do that, relevant legislation enacted in the last 28 years has been analysed. Since Agenda 2000, rural tourism has been understood much more broadly, and the recent regulation 1698/2005 placed it among projects that are being undertaken by numbers of entities functioning in rural areas. In that regulation, no attention is put to the extent or characteristics of the phenomenon which is treated as an element of rural policy the objective of which is better profitability or higher income of farmers and development of rural areas by different forms of support extended to them. Members states on the other hand have been given the task of forming definitions and criteria of hospitality in rural areas and, possibly, differentiating between rural tourism and agro tourism.Item Pojęcie działalności rolniczej w ustawach o podatku dochodowym od osób fizycznych i od osób prawnych(Wydawnictwo Naukowe UAM, 2008) Bieluk, JerzyThe deliberations presented in the paper focus on the definition of agricultural activity contained in the Personal and Company Income Tax Act. Polish law exempts agricultural activity from taxation, hence the importance for the tax payer of an accurate and precise definition of that activity. A detailed analysis of the above issue shows that certain formulations of the definition of agricultural activity are not only inaccurate, but often wrong. To give an example, there is no provision for the difference between breeding and raising, and mashrooms are listed as plants. It is therefore postulated that the existing definition should be redrafted, made more precise, and offer an accurate description o f activities exempted from taxation, made with regard to the existing regulations on the classification of goods and services.Item Prawna ochrona terminów używanych do oznaczania produktów rolnictwa ekologicznego(Wydawnictwo Naukowe UAM, 2008) Leśkiewicz, KatarzynaIn the paper, legal protection of terms used to indicate organic agriculture products is analysed in the light of two Council Regulations (EC) No 834/2007 and 889/2008, and two acts: on combating unfair competition and combating unfair market practices. An attempt to determine whether the legislator has sufficiently provided for such protection is also made. In conclusion it is stated that although fair information on organic products is legally provided for, the protection of the terms used in the marking of those products varies. Community Regulations do not precise the "irregularities, or infringements' of the manner in which that information is to be provided. This, in turn, may lead to different interpretations of the same law, and may consequently result in unequal treatment of producers throughout the Community. Polish regulations have been found to sufficiently cater for the provision of information and the terms used to mark organic products. The existing regulations could, nevertheless, be still more effective if they contained a separate list of examples of unfair competition (i.e. infringements of the principles of providing information on organic products).Item Sprawozdania i informacje(Wydawnictwo Naukowe UAM, 2008)Item Stały i długotrwały uszczerbek na zdrowiu w wypadku przy pracy rolniczej(Wydawnictwo Naukowe UAM, 2008) Puślecki, DamianThe purpose of the deliberations presented in this paper was to determine the concept of a permanent and long-term damage to health. When such one occurs, the injured party may claim damages and one-off indemnification by virtue of an agricultural accident. Although both, the permanent nature and the length of the damage to health are determinants in the establishing of the indemnity for an agricultural accident, they are of no significance when it comes to the determination of the amount of the compensation. Neither is the type of the agricultural activity that the injured party is engaged in. What is more, the capability (or incapability) of the injured party to continue work is not at all taken into consideration in determining the amount of the indemnity to be paid, which is strictly a oneoff compensation, currently paid under the farmers' agricultural insurance. It is proposed that two types or damages should be recognised: a permanent damage to health understood as a defect of bodily functions with no improvement prognosis, and a long-term damage, i.e. one lasting for more than 6 months but eventually curable.Item Sprzeczności rozwojowe prawa rolnego(Wydawnictwo Naukowe UAM, 2008) Budzinowski, RomanThe existing literature on agricultural law has already taken account of the main tendencies observed in its development (such as dynamics, expansion, publicisation and institutionalisation). Their common feature is that the changes that take place always go in one direction. However, as it turns out, there are also changes that go in the opposite direction, thus being contradictory to the other ones. Those changes, called development contradictions or contradictions of the development of agricultural law, are the subject of this paper. The paper analyses those development contradictions that determine the specificity and place of agricultural law in the legal system. These are directions of changes in agricultural legislation that are termed: agrarisation and de-agrarisation, universalism and particularism, tradition and modernity. The role of the legislator is to choose between different, including contradictory, ways of regulating those issues. On the other hand, from the dynamic point of view the situation of agricultural law may be described as something between agrarisation and de-agrarisation of the social relationships in agriculture, between universalism and particularism, or between tradition and modernity.Item Przegląd orzecznictwa(Wydawnictwo Naukowe UAM, 2008)Item Wymóg kwalifikacji rolniczych w obrocie nieruchomościami rolnymi (studium prawnoporównawcze)(Wydawnictwo Naukowe UAM, 2008) Blajer, PawełIn the legal systems of Western European states, the agricultural qualification requirement belongs to the most commonly requirements asked from potential purchasers of agricultural property. In Poland, despite its long agricultural tradition, this criterion is de lege lata rather sparsely used. It is postulated, therefore, to restore, or re-introduce, control over the sale of agricultural property inter vivos, regarding the requirement of agricultural qualifications of prospective purchasers of agricultural plots. This postulate is regarded to as a condition necessary to improve the structure of Polish agriculture.Item Odpowiedzialność za produkt niebezpieczny podmiotów dystrybuujących żywność(Wydawnictwo Naukowe UAM, 2008) Trapé, IlariaThe main focus of all discussions on product liability has been so far put on producer's liability. Only some recent decisions of the European Court of Justice have pointed out to the possible liability of food distributors whose role in relations with producers as well as consumers has been becoming more and more important. The decision of the ECJ in the case brought against Lidl Italia, which concerned Amaro alle erbe liquor, produced in Germany and distributed by Lidl in Italy, has given rise to some interesting reflections on the liability of different subjects in the agro-food sector, and food distributors in particular. That decision is of major significance because it expressly and unambiguously provides for a possibility of finding a distributor fully liable for the products he has been handling. As a result, in a situation where the complexity of the food chain is increasing, all participants must collaborate in that chain to successfully secure efficient food safety, while individual participants could be held liable only for failure to perform the particular obligations assigned to them and determined on the basis of some functional criterion.Item Uwagi w kwestii usytuowania przepisów o obrocie gruntami rolnymi w systemie prawa polskiego (na tle prawnoporównawczym)(Wydawnictwo Naukowe UAM, 2008) Lichorowicz, AleksanderIn discussions on the new civil law code that is currently in the process of being drafted, certain doubts have emerged and triggered off a question whether the existing regulations of the sale of agricultural land should continue to be part of the civil law code, or be moved to specific statutes. This question is aimed to provoke a discussion on that issue and invite participation in it of lawyers specialising in agricultural law. The paper begins with a comparative study and identifies the place which regulations concerning the sale of agricultural land occupy in domestic laws o f other European states. Next, changes that have been taking place in that respect in Poland are presented, followed by a discussion on the possibility of placing those regulations either in the civil law code or specific acts. Both the positive and negative consequences of either of the solutions are examined. In conclusion, it is argued that there are more good reasons for leaving the regulations of agricultural land sale where they are, i.e. the civil law code. At the same time it is emphasised that each decision concerning that matter must entail amendments and modifications of the existing regulations, and the inter vivos and mortis causa should be treated iunctim.Item Ograniczenia egzekucji sądowej ze składników gospodarstwa rolnego(Wydawnictwo Naukowe UAM, 2008) Głodowski, WłodzimierzEnforcement against an agricultural holding is subject to many limitations. Provisions laying down those limitations are contained in the code of civil procedure and executive acts to that code as well as in some other acts. There were many reasons why the legislator decided to provide for limitations of enforcement carried out against constituents of an agricultural holding. The main ones include humane, social and economic reasons. Most of those limitations apply to an indebted agricultural holding regardless its legal status, but there are many that only hold when the debtor is an individual farmer. The concluding paragraph contains a number of postulates recommending certain amendments to the existing legal regulations.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.Item Obrót kwotami mlecznymi w Niemczech. Zagadnienia wybrane(Wydawnictwo Naukowe UAM, 2008) Bobeł, ŁukaszThe paper presents and evaluates the rules governing the transfer of milk quotas that are currently in force in Germany. Further, the main differences between the Polish and German rules have been compared and assessed. In the author's opinion the current German system of transfer of milk quotas is relatively transparent and is functioning rather well in practice. The differences between Polish and German systems of milk quotas’ transfers are in the authors view significant. The author highlights the most important of them. They concern the question of tying the quotas to the land, the organisation of the process of transfer of milk quotas, the extent to which the lease of milk quotas is used and different treatment of direct sales and wholesale quotas in respect of the transfer of quotas.Item Przegląd piśmiennictwa(Wydawnictwo Naukowe UAM, 2008)Item Spis treści(Wydawnictwo Naukowe UAM, 2008)