Przegląd Prawa Rolnego, 2016 Nr 2 (19)

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Browsing Przegląd Prawa Rolnego, 2016 Nr 2 (19) by Title

Now showing 1 - 20 of 23
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    „Agrar- und Umweltrecht”
    (Wydawnictwo Naukowe UAM, 2016) Sokołowski, Łukasz Mikołaj
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    Chancen und Risiken der Digitalisierung in der Landwirtschaft – die rechtliche Dimension
    (Wydawnictwo Naukowe UAM, 2016) Martínez, José
    The digitisation of agriculture marks a new era in the development of agriculture. It allows communication between machines and automated processing and evaluation of data without human interposition. It opens up new possibilities for agriculture, but it also entails economic and legal risks. For this reason, a cautious approach is still taken in Germany when it comes the use of new techniques in agriculture. The legal risks relate to the follow-ing topics: the protection of personal and, above all, company-related data, provided that these are not classified as business secrets. Here, the protection of the company data is selective and only applied in individual cases. The assignment of the right to use the data is also problematic because in German civil law a concept of the ‘property’ of data does not exist. The intellectual property right protects only works of intellectual creation, not the mere fact data or geographic data from the farm. Significant problems also arise with regard to the allocation of declarations of intent produced by machines as well as with regard to the liability for errors in the collection or evaluation of the data. The European and na-tional legislators are currently unable to provide adequate solutions, as this area is still under development. These issues ought to be agreed by and between interested parties in the form of a bilateral contract.
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    Europäisierung des nationalen Tierschutzrechts – Bereich konventionelle Nutztierhaltung
    (Wydawnictwo Naukowe UAM, 2016) Ovie, Kea
    Europeanisation of national animal welfare law means the impact of European Union (EU) law and the law of the European Council on national animal welfare law. Various law acts that are dedicated to animal welfare operate at the EU level as well on an interna-tional level. Although both jurisdictions are based on the ethical understanding of animal welfare, they also pursue economic objectives. This is the reason why they usually adopt only minimum standards. However, Member States and States Parties may adopt higher animal welfare standards. The degree of the Europeanisation varies between the EU and the European Council and there are a number of binding regulations and recommendations. This, however, should not disguise the fact that in a range of individual cases special regulations and recommendations are still missing. There is no concretised European law which could influence national animal welfare laws applicable to all animal species. Furthemore, the European animal welfare legislation is not capable of solving all animal welfare problems on the grounds of law. Member States retain a significant degree of discretion in this matter. For example cages for the parents of broilers in which these animals have no chance use high perches. Such a practice is contrary to the recommendations of the European Council.
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    Genossenschaften im Spannungsfeld genossenschaftlicher Grundprinzipien und marktbedingtem Anpassungsdruck
    (Wydawnictwo Naukowe UAM, 2016) Caßelmann, Jan
    Cooperatives are an important economic factor for the Federal Republic of Germany, especially in the sector of agriculture. The increase of economic internationalisation or concentration, and a developing capitalistically-aligned market caused the German legislation to adjust company laws, especially the cooperative law, in order to be able to adapt to those changing settings. Since the beginning of cooperative law, the German legislation had made critical changes: The competence over the managing directions had been transferred from the general assembly to the board, multiple voting rights had been introduced, and memberships of investors had been allowed in order to expand the equity capital. This article examines, whether the German legislation considered the basic principles of cooperative law in a legally appropriate way. In the author’s opinion the answer is generally positive, yet there are still areas which require further attention (intervention) on the part of the German legislator.
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    Landwirtschaftliche Grundstücke in der kommunalen Bauleitplanung
    (Wydawnictwo Naukowe UAM, 2016) Fietz, Rudolf
    Land-use conflicts are regularly borne by the agricultural areas. The marginalisation of agriculture initially followed the historical need for more living space, which is reflected in the urban planning regulations of the Federal Building Act and its successor regulations. The pressure on the agricultural land grew in the 1980s, when various instruments were developed. In recent years attempts have been made to reduce the pressure on agricultural land and to protect it.
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    Legal character of the agricultural agreements in the Polish legal system
    (Wydawnictwo Naukowe UAM, 2016) Łobos-Kotowska, Dorota
    The issue of agricultural agreements is strictly related to the criteria for the separation of agricultural law present in the Polish and West-European doctrine. Thus, the adoption of a specific regulation of civil law agreements concerning agricultural relations was the im-pulse for the development this a separate branch of the law to regulate matters in agriculture. The paper aims to present the legal character of agreements concluded by farmers and other entities conducting economic activity in rural areas. It does not include any detailed analysis of the legal solutions assumed within particular agreements, but is an attempt to answer the question whether a separate category of agreements – agricultural agreements has its separate place in the Polish legal system, and if the answer is affirmative, to identify the criteria for this separation. Agricultural agreements have been presented taking into account the civil law and administrative law methods that have been applied to regulate legal relations between them. The paper also discusses substantive matters as well as procedural issues connected with the process of seeking damages under these agreements.
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    Obrót zwierzętami hodowlanymi i ich materiałem biologicznym w świetle nowej regulacji zootechnicznej
    (Wydawnictwo Naukowe UAM, 2016) Lipińska, Izabela
    This article tackles the unification and progressing Europeanisation of legal norms concerning livestock and genetic material trading and aims to identify basic instruments of Regulation No 2016/1012 adopted to regulate the organisation of this trade, with a view to determine the consequences on, and subsequent amendments to the domestic law. The new Regulation approaches animal and genetic material trading in a comprehensive manner, which is believed to eliminate the existing differences in this matter among EU Member States, and facilitate business. The amendments to the domestic law will mainly apply to the administrative and legal issues governing breeding entities and organisations.
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    Praktyczne aspekty dochodzenia roszczeń z tytułu szkody łowieckiej
    (Wydawnictwo Naukowe UAM, 2016) Gała, Paweł
    The aim of this paper was to identify the main practical issues related to the process of claiming damages for losses cause by hunters or wild animals. It is concluded that the main problem is that claimants are usually the weaker party in the proceedings. Consequently the important role of the doctrine and the judicial decisions favouring the injured parties has been emphasised, as playing an essential role in the balancing off and levelling the interests of both parties and their obligations towards each other. The positive but also the negative aspects of the planned amendments to the existing game law have been discusses in the light of the claims for damages for losses caused by wild animals and hunters.
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    „Revista de Derecho Agrario y Alimentario”
    (Wydawnictwo Naukowe UAM, 2016) Różański, Krzysztof
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    „Revue de Droit Rural”
    (Wydawnictwo Naukowe UAM, 2016) Frąckowiak, Zofia
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    „Rivista di Diritto Agrario”
    (Wydawnictwo Naukowe UAM, 2016) Leśkiewicz, Katarzyna
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    Tradition mit Zukunft? – Das Anerbenrecht
    (Wydawnictwo Naukowe UAM, 2016) Graß, Christiane
    The right of inheritance in agriculture is characterised by the fact that it grants privileges to an agricultural holding, which is not the case found in ‘common’ inheritance law. These privileges or special arrangements are designed to ensure the survival of the farm by ensuring only one legacy to prevent the disruption or sale of the farm. The right to inher-itance finds its explanation and justification in history, starting at the Middle Ages and which has retained its regional connection to date. Today, the right of inheritance is a mo-saic of regional regulations which are questioned in the light of structural changes in agriculture (the end of family farms) and of the principle of equality.
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    Wdrażanie Programów Rozwoju Obszarów Wiejskich we Włoszech na podstawie rozporządzenia nr 1305/2013
    (Wydawnictwo Naukowe UAM, 2016) Germanò, Alberto; Strambi, Giuliana
    The article deals with Rural Areas Development Programmes (RADP) in Italy implemented pursuant to Regulation EU No 1305/2013. Apart from 21 regional RADPs envisaged for the period 2014–2020, the Italian Ministry of Agriculture has prepared one national programme as well. In the article, special focus is put on the adoption and implementation procedures of these Programmes, to determine their legal character. The Tuscan region has been selected for a case study, and the procedures of the submission, adoption and notification of Programmes to the European Commission, the character of the regional legislative acts as well as the procedures necessary to follow at the implementation stage regarding the formulation of ‘notifications’ or ‘announcements’ of individual ‘actions’ leading to the next step when funds are allocated in by way of ‘agreements’ have been analysed. The analysis of the legal character of the RADPs in the context of their broad division into ‘soft law’ and ‘hard law’, suggests that they should be classified as hard law.
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    Z aktualnej problematyki zakładania i funkcjonowania grup producentów rolnych
    (Wydawnictwo Naukowe UAM, 2016) Suchoń, Aneta
    This article is an attempt to determine to what extent the new legal regulations will influence the creation and functioning of groups of agricultural producers. As has been found, a reliable answer to this question will only be possible after the new solutions have been put in practice for a length of time, which will allow to determine whether the changes introduced to the registration, supervision and control of groups of agricultural producers have brought positive results. It is also pointed out that the decision to limit the recipients of EU funding to groups of individuals only is detrimental to those groups of agricultural producers whose members are social cooperatives and agricultural production cooperatives. On the positive side, is the introduction of additional criteria on which basis financial means will be assigned to cooperative groups of agricultural producers.
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