Przegląd Prawa Rolnego, 2017 Nr 2 (21)
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Item II Konferencja Polsko Hiszpańska: “Prawo rolne między globalizacją i lokalnością / Derecho agrario entre el globalismo y lo local” Poznań-Gułtowy 21-23 czerwca 2017 r.(Wydawnictwo Naukowe UAM, 2017) Różański, Konrad; Jachnik, ElizaItem Sprawozdanie z XXIX Europejskiego Kongresu Prawa Rolnego, Lille 21-23 września 2017 r.(Wydawnictwo Naukowe UAM, 2017) Łobos-Kotowska, Dorota; Marciniuk, Konrad; Wojciechowski, PawełItem Item „Revue du Droit Rural”(Wydawnictwo Naukowe UAM, 2017) Frąckowiak, ZofiaItem „Rivista di Diritto Alimentare”(Wydawnictwo naukowe UAM, 2017) Leśkiewicz, KatarzynaItem „Rivista di Diritto Agrario”(Wydawnictwo naukowe UAM, 2017) Leśkiewicz, KatarzynaItem „Revista de Derecho Agrario y Alimentario”(Wydawnictwo Naukowe UAM, 2017) Różański, KrzysztofItem „Agrar- und Umweltrecht”(Wydawnictwo Naukowe UAM, 2017) Sokołowski, Łukasz MikołajItem Uwagi na tle projektu ustawy o spółdzielniach rolników(Wydawnictwo naukowe UAM, 2017) Suchoń, AnetaThis article is a voice in a discussion on the need to adopt and shape specific regulations governing farmers' cooperatives. The author presents assumptions which gave rise to the design of the project and then answers the question of whether a separate act on farmers' cooperatives is required. Next the author makes a positive evaluation of the legal regulations included in the project. There is no doubt that the introduction of a separate concept of farmers' cooperatives and the introduction of legal instruments that facilitate setting up farmers' cooperatives and their functioning are an important factor in the development of cooperatives, and are in line with European trends regarding the development of farmers' cooperatives. However, the draft needs several amendments.Item Krajowy Ośrodek Wsparcia Rolnictwa jako sukcesor Agencji Nieruchomości Rolnych w zakresie roszczeń pracowniczych(Wydawnictwo Naukowe UAM, 2017) Litwiniuk, PrzemysławAs of 31 August 2017, the Polish Agricultural Market Agency and the Agricultural Property Agency have been abolished and on 1 September 2017 the National Support Centre for Agriculture was established to replace both. By operation of law, the Centre has taken over all the rights and obligations of the Agricultural Property Agency. The purpose of this article is to answer the question whether the transfer of all employees of the former Agricultural Property Agency to the National Support Centre for Agriculture, following the transfer of the property and tasks of the Agricultural Property Agency was carried out in line with the provisions of Article 231 of the Labour Code, in conjunction with the directly applicable provisions of the European Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. The author states that the Agricultural Property Agency was an economic entity within the meaning of the Directive and not a public administration body. The above Directive qualifies its employees for protection resulting directly from the provisions of secondary European Union law.Item Opodatkowanie przetwarzania produktów roślinnych i zwierzęcych przez rolnika(Wydawnictwo naukowe UAM, 2017) Bieluk, JerzyThe recent changes in the taxation of agricultural activities in Poland have excluded small-scale agricultural processing activities from personal income tax. Consequently, a farmer who produces his own cheese, jams, or sauerkraut and sells his products to con-sumers is not taxed. These changes have largely eliminated the black market activity of selling processed goods produced on individual farms. The new regulation is to be evaluated positively, as the production activity carried out using own resources and work, and in a large part from the produce grown on the farm, should be treated as an agricultural rather than economic activity.Item Zaspokojenie wierzytelności rolników w postępowaniu upadłościowym(Wydawnictwo Naukowe UAM, 2017) Zedler, FeliksThe article deals with issues concerning the satisfaction of farmers' bankruptcy claims for supplies to insolvent farms in bankruptcy proceedings. Under Polish law, these receivables are satisfied in a privileged manner. In bankruptcy proceedings conducted under insolvency law applicable as of 1 January 2016, they shall be satisfied according to the category of first distribution of mass funds. However, in bankruptcy proceedings conducted in accordance with earlier insolvency law provisions, which are applicable to proceedings initiated before 1 January 2016, they are satisfied in the second category of the distribution plan. The adopted regulation allows us to conclude that this preferential satisfaction of farmers' debts concerns only the payments of farmers who are natural persons and only for the delivery of raw, unprocessed produce to an agricultural holding in bankruptcy. Whereas the size of the farm and the object of agricultural production are of no relevance.Item Przeciwdziałanie nieuczciwym praktykom rynkowym w łańcuchu dostaw żywności w prawie włoskim(Wydawnictwo Naukowe UAM, 2017) Kapała, AnnaThe aim of the article is to familiarise Polish readers with the Italian regulations on counteracting unfair commercial practices in the food supply chain. Currently this issue is addressed by thhe Italian Law No 27/2012, which has been subject of doctrinal criticism, legislative changes and judicial decisions. There are still several issues that raise questions of interpretation, including the scope of its subject-matter or failure to comply with the written form which invalidates the contract and whether, in order to classify the practices as unlawful, it is necessary to determine the conditions of a “significant trade imbalance” and a “deliberate abuse” of a dominant position by a stronger party to the contractual relationship.Item Die Anerkennung moralischer Bedenken im Agrarhandel am Beispiel des Tierschutzes(Wydawnictwo Naukowe UAM, 2017) Martinez, JoséOn 18 June 2014, the Dispute Resolution Body of the WTO adopted reports in which it was concluded that a ban on the trade in seal products could in principle be considered as justified on the grounds of a moral nature relating to seal welfare. For the first time, restrictions on trade related to securing animal welfare have been justified on the grounds of the protection or recognition of moral scruples. This precedent opens up the possibility of adopting other international measures regarding other products whose production pro-cess raises moral concerns. Some consideration could be given, among other things, to the introduction of specific labelling or a ban on imports of certain products. However, these measures must not be adopted and applied for protectionist purposes and must not discriminate against other states.Item Ewolucja od rolnika indywidualnego ku przedsiębiorcy rolnemu. Uwagi na tle statusu prawnego rolnika i spółki cywilnej(Wydawnictwo Naukowe UAM, 2017) Hasińska, IzabelaThe subject of the considerations presented in this paper are issues related to the evolution of the concept of an entrepreneur and the status of an individual farmer as an entrepreneur in comparison to the status of a partnership. Differences in the status of entrepreneurs in private and public law result in the fact that the same entities may be considered as entrepreneurs under private law but no longer as such under public law. Such a phenomenon occurs, among other things, in the event of the qualification of an individual farmer as an entrepreneur. On the other hand, a partnership has no legal subjectivity under private law. Agricultural activities carried out in the form of a partnership are performed solely by the partners themselves. However, this did not prevent a partnership from being granted the status of agricultural producer in the Act on the National Producer System, the farm register or the records of payment applications. In consequence, there arises a technical simplification that is contrary to the requirement of the clarity in the law.Item Wytwarzanie nowej żywności a pojęcie działalności rolniczej(Wydawnictwo Naukowe UAM, 2017) Sokołowski, Łukasz MikołajThe considerations presented in this paper aimed to establish whether the production of novel foods falls within the scope of a typical agricultural production based on the care and development of the agrarian-biological cycle (agrarietá) for which the agricultural legislation provides a specific protective regime. Whether a production of novel foods is recognised as an agricultural activity for which the legislator provides a specific safeguard regime depends on the circumstances of each case. Frequently, such production will be either ‘natural’ agricultural activity or an activity linked to it. Sometimes production will have to be considered as industrial processing or a production activity. The legislator should be able to expand or narrow the scope of the term ‘agriculture’ and the concept of ‘agricultural activity’ in a normative way. Legislative developments may vary. On the one hand, in the same way as in the late twentieth century, also in the future, it may be necessary to verify the legal concept of agricultural activity and to extend the scope of application of a special protective regime to include industrial food production. On the other hand, technological development may also exacerbate the specific weakness of the agricultural sector and create a need to increase protection of agricultural activity as understood today.Item Nowe paradygmaty ochrony ziemi jako zasobu środowiska w prawie rolnym(Wydawnictwo Naukowe UAM, 2017) Goździewicz-Biechońska, JustynaThe aim of the deliberations was to answer two questions: (i) whether the modern model of legal land protection should take into account the aspect of globalisation and (ii) what is the effect of recognising land as an environmental resource on the model of its legal protection. The factors which contemporarily threaten the Earth being an element of the environment have been indicated and symptoms of paradigm shifts in the legal model of earth protection identified. Attention has been drawn to the progressive complementarity of EU policy (strategic documents) with an ecological economy based approach to land as a key natural resource and the concept of land footprint, which also allows taking into account the globalisation aspect of the issue of protection. It is concluded that the Polish legal system still lacks a holistic and multi-faceted, as well as complementary approach to the problem. Already the terminology and concepts of land as an environmental resource proposed in the Act are disputable and the concept of strategic resources introduced in it is inconsistent internally and does not meet the requirements of a rational legislator.Item Producent rolny wobec nieuczciwych praktyk handlowych – wybrane zagadnienia prawne(Wydawnictwo Naukowe UAM, 2017) Lipińska, IzabelaThe aim of this article is to define the legal scope of protection of the weakest players in the agri-food supply chain and to identify the role of the legislator in safeguarding their economic interests. The author notes that shortcomings in the functioning of the food supply chain are a global problem and there is no one effective instrument to strengthen the position of its weakest players. It is concluded that the voluntary and self-regulatory instruments proposed at European Union level partly contribute to ensuring fair market practices. It therefore appears necessary to introduce regulatory measures and public enforcement systems to combat unfair commercial practices. The law being currently implemented in Polish law largely satisfies this requirement.Item Z prawnej problematyki wyróżniania produktów lokalnych(Wydawnictwo Naukowe UAM, 2017) Kapała, AnnaThe purpose of the discussion is an attempt to answer the question of whether the quality labels or designations regulated at the EU or domestic level can serve as an instrument for distinguishing local products. The analysis covered the collective European Union Trade Mark (EUTM) and selected Polish designations such as “Jakość Tradycja” ("Quality Tradition"), “Poznaj Dobrą Żywność”( "Know Good Food") as well as the List of Traditional Products. A EUTM, like the Protected Designation of Origin or a Protected Geographical Indication, may serve as a tool for distinguishing the geographical origin of food products if it consists of a designation specifying the place or geographical area of origin and when the rules of use of the common EUTM specify in which territory products should be produced. Polish quality marks "Know Good Food" and "Quality Tradition" do not indicate the place of manufacture of products. In order for them to play the role of an instrument for distinguishing local products, it is essential that producers include information on the origin of their products on a voluntary basis. On the other hand, products entered on the Traditional Products List, although they usually contain the place of manufacture in their name, are not marked with special designations, symbols or signs. Therefore, information on their distinction due to their regional origin characteristics is not communicated to consumers in the market.Item Przedmiot ochrony jako przesłanka zachowania odrębnego subsystemu ubezpieczenia społecznego rolników(Wydawnictwo Naukowe UAM, 2017) Puślecki, DamianThe aim of this paper is to determine to what extent the subject of protection justifies distinguishing and maintaining a specific agricultural social insurance system. In conclusion of the deliberations the author states that the subject-matter of insurance, which is protection against the consequences of random events in relation to the production capacity of a farmer and his family members, not only justifies the separation and maintenance of a specific agricultural social insurance system, but also outlines the limits of protection specified in the agricultural insurance act. Although the analysed social insurance subsystem requires a fundamental reform, it is necessary to opt for its gradual evolution rather than a revolution in this matter. Proper protection of persons working in agriculture requires formulating a new concept of farmers' social insurance with the use of alternative legal and financial solutions and their altered design.