Przegląd Prawa Rolnego, 2010 Nr 2 (7)
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Item Prawne pojęcie rolniczej choroby zawodowej(Wydawnictwo Naukowe UAM, 2010) SZEWCZYK, HELENAIn view of art. 12 of the Act of 20 December 1990 on social insurance for farmers, an occupational disease in agriculture is considered to be such a disease, which originated in relation with work on the farm, if the disease is included in the list of occupational diseases in the regulations issued based on the labour code. The concept of occupational disease in agriculture was thus constructed according to the restrictive list method, additionally supported by the determination of causes justifying the assumption of the occupational character of the disease, which significantly reduces the scope of protection granted to farmers suffering as a result of an agricultural occupational disease. The Author proposes to abandon the approach based on the closed list of occupational diseases. The basis for compensation should be extended to include the list of occupational diseases using the assumed causal effect between the occurrence of an occupational hazard and the incidence of the occupational disease. This would make it possible to include in the scope of the concept of occupational diseases in agriculture a considerable number of agriculture-related diseases, which at present do not have the status of occupational diseases.Item Wyrok ETS z 16 lipca 2009 r. w sprawie C-168/08, Komisja Wspólnot Europejskich przeciwko Rzeczypospolitej Polskiej(Wydawnictwo Naukowe UAM, 2010) Szymecka-Wesołowska, AgnieszkaItem 1. SPIS TREŚCI/CONTENTS/INDICE(Wydawnictwo Naukowe UAM, 2010)Item Transgraniczna ochrona produktów żywnościowych(Wydawnictwo Naukowe UAM, 2010) Albisinni, FerdinandoThe paper examines the rules that at the present time regulate the protection of agrifood products against trans-border counterfeiters. The occasion for the discussion of the topic is a recent judicial decision of the European Court of Justice (the “Parmesan” case), which excluded any duty of a Member State to prosecute ex officio people liable in its national territory for the violation of a PDO-PGI which has origin in another MS. The author underlines the contradiction of such a position with the basic foundations of the European internal market, and discusses some possible solutions to this contradiction which may be found at the European level in the principles stipulated in Regulation No. 2006/2004, and at the international level in art. 3 of the TRIPs Treaty.Item Regulacja prawna agroturystyki – uwagi de lege ferenda(Wydawnictwo Naukowe UAM, 2010) KAPAŁA, ANNAThe aim of this discussion was to make an attempt at an outline of a legal concept of agritourism, which is manifested in the formulated proposals de lege ferenda. When realising such a specified goal, the Author in the first part of the paper indicates weak points of binding legal solutions concerning agritourism, while in the second part presents proposals for their improvement. The legal regulation in Italy was a reference point for this evaluation and proposed changes. The Author proposed e.g. the introduction of a legal definition of agritourism and a broad definition of agricultural activity, covering agritourism and other activities of non condition of being connected with the basic agricultural activity. It is also necessary to change regulations concerning the direct sale of products processed on the farm, as well as introduce legal protection for the term “agritourism” and systematise scattered regulations into one legal act (the act on agritourism).Item Nowy model społecznego ubezpieczenia wypadkowego rolników(Wydawnictwo Naukowe UAM, 2010) Puślecki, DamianThe aim of this paper was to present an attempt at the determination of a new model for accident protection in agriculture. The Author presented numerous de lege ferenda proposals both in terms of ex ante protection and ex post protection. The presented proposals include the association of accident protection with other types of social insurance in agriculture, together with the manner of its financing. In the conclusion the author stated that the new model of accident protection should to an adequate degree provide protection for individuals actually working in agriculture. The currently binding solutions need to be amended taking into consideration the essence and protective function of social insurance. Proposed actions require a definite distinction of accident protection insurance as well as changes in the manner of its financing. However, in order to ensure proper realisation of the functions of this insurance a certain involvement of state budget funds is required.Item Potrzeba prawnego uregulowania dzierżawy rolnej w Polsce (na podstwie doświadczeń krajów Unii Europejskiej)(Wydawnictwo Naukowe UAM, 2010) Lichorowicz, AleksanderRemarks presented in this paper aim at the justification for the need to provide legal regulations for farmland lease and offer de lege ferenda deliberations concerning its manner in the Polish legal system. These comparisons are based on the rich and complicated legal regulations for farmland lease in countries of Western Europe. In the conclusions the Author presents an extensive catalogue of proposals referring to the regulation of farmland lease in the Polish legal system. In particular the author supports the need to unify regulations on farmland lease and the extension of its scope (to include also lease of farms). The primary novelty in the future legal regulations on farmland lease should introduce two different legal regimes for lease, i.e. short- and long-term lease. The latter requires special treatment, particularly when it comes to granting a lessee more freedom in making decisions on production to be run on the leased land, investments connected with the adopted type of production with no need for the consent of the lessor.Item SPRAWOZDANIA I INFORMACJE(Wydawnictwo Naukowe UAM, 2010) Budzinowski, RomanItem Zmiana generacji w gospodarstwach rolnych w Polsce w świetle polityki rozwoju obszarów wiejskich (aspekty prawne)(Wydawnictwo Naukowe UAM, 2010) Blajer, PawełThe aim of this discussion was to evaluate Polish legal regulations implementing EU instruments concerning early retirement and aid for young farmers. When realising such a specified goal the authors analysed Polish legal regulations referring to structural subsidies (an equivalent of early retirement benefits) as well as aid for young farmers, and also addressed – on the basis of statistical data – the question to what degree these regulations have changed the demographic situation of farms. In the conclusion the Authors stated among other things that the evaluation of structural subsidies and the related support for young farmers as a catalyst for generational changes in agriculture is ambiguous and complex. Only with the onset of the realisation of the Program for the Rural Development for the years 2007-2013 structural subsidies gained in importance as an instrument for the generational transformation in agriculture. Successive changes in the legal regulations only strengthen this marked trend. Moreover, the evaluation of both analysed instruments as tools in the area transformation of Polish farms is ambiguous.Item Pojęcie kontroli w prawie dotyczącym pomocy Unii Europejskiej dla rolnictwa(Wydawnictwo Naukowe UAM, 2010) STANIEWSKA, ANNAControl is one of the key elements in all support systems offered by the European Union. Special tools and control procedures are found in the Common Agricultural Policy (CAP). Control within the EU support for agriculture functions based on a specific system, referred to as the integrated administration and control system. In the conclusion the Author stated that the concept of control found within the EU support system for agriculture is not equivalent to the concept of control existing in the Polish doctrine of administrative law, in which control is defined in opposition to supervision, as a process devoid of authority elements. In contrast, the analysed concept is closer to the definitions originating from the Anglo-Saxon legal tradition, according to which control is a process of management and regulation. The Author proposed the following definition of the analysed concept: it is a cyclical regulation process, initiated by a comparison of the analysed object to a model, of legal or actual character, in the course of which obtained information is used both to modify the legal situation of the controlled subject and the actual situation of the implemented control system.Item Produkcja energii termicznej z biomasy we Francji – wybrane aspekty prawne(Wydawnictwo Naukowe UAM, 2010) Błażejewska, KamilaThe paper discusses French support mechanisms for the production of thermal energy from biomass in view of legal regulations and plans contained the national plan for action, presented to the European Commission by the Ministry of Ecology, Energy, Sustainable Development and Sea. In particular, analyses were presented concerning the Acts adopted in 2009 and 2010 as a result of a strategic agreement on sustainable development and environmental protection, i.e. Grenelle Environnement. In France, producers of thermal energy from biomass may use e.g. the Thermal energy Funds, i.e. financial mechanisms promoting the most efficient installations in this branch of power engineering industry. Changes in law executed in recent years also facilitate the monitoring of the amount of energy generated from renewable energy sources, thanks to the new requirement to install measuring and clearing devices at every service line connected to the heat distribution network. Recently installations for heat production from biomass may also be granted the status of installations qualified for environmental protection. Support mechanisms for the production of thermal energy from biomass, presented in the paper, were evaluated positively and seem to be an effective instrument, aiming at an increase in the proportion of thermal energy from sustainable energy sources in the final gross energy consumption in France in the following years.Item Pojęcie „obszar wiejski” jako odpowiedź na wielofunkcyjność przyszłej działalności rolniczej(Wydawnictwo Naukowe UAM, 2010) MARTÍNEZ, JOSÉThe territorial perspective of rural areas and thus also the valorisation of multifunctionality of agricultural activity are not only related to a reform of terminology, but comprise also a concept of agricultural law, required for the justification of the maintenance of agricultural structures existing in Europe in the international business law. At the same time it is the basis for the political and legal legitimisation of the special regime for subsidies to agriculture as opposed to subsidies to industry. However, the concept of rural areas and thus the prospect of multifunctional agriculture impose on us the need to implement structural changes in the traditional Common Agricultural Policy. These reforms are connected with the decision to no longer differentiate legal regimes for the eastern and western EU member states. However, the concept of rural areas may not completely replace the concern for agricultural enterprises observed in the European policy. In other words, mixed type agriculture concentrated around rural areas is always, and primarily so, the activity of a farmer or an agricultural enterprise. The entire reform of subsidies for agriculture has to provide for the survival of these economic entities, which constitute the core of rural areasItem Prawna regulacja rolnictwa ekologicznego – próba oceny(Wydawnictwo Naukowe UAM, 2010) LEŚKIEWICZ, KATARZYNAThe paper presents an attempt to evaluate the legal regulation of organic agriculture taking into consideration three reference points, i.e. relationships between properties of organic agricultural products ascribed to them by the legislator and properties of these products proposed by science, stipulations of legal solutions (institutions), which are to provide an assurance of organic products having properties indicated by the legislator, and the evaluation of the impact of such indicated legal solutions on the assurance that agricultural products labelled as organic have properties indicated by the legislator. The biggest objections are voiced in relation to a certain discrepancy between potential deviations from the requirements concerning organic production declared admissible by the legislator and scientific proposals referring to the principles of this production. Numerous possible deviations result in the fact that such understood quality of organic products differs from the model indicated by science. Legal solutions concerning the consistency of organic products with the requirements specified by the legislator are to provide this consistency at a high degree, but not in an absolute manner, since the legal regulation itself is not perfect in this respect and at the same time it is not always appropriately applied.Item Wpływ prawa żywnościowego(Wydawnictwo Naukowe UAM, 2010) Gadbin, DanielAt the crossroads of different fields (public law and private law, commercial law and environmental protection law, spatial planning law, etc.), agricultural law is becoming increasingly influenced by food law, which is no longer limited to the traditional principles of hygiene. This emerging field of law is poorly known, little taught, considered to be of little interest for legal studies, particularly in France. This discussion was limited to the investigations of the double effect of the European food law on agricultural law: in the scope in which it attempts to incorporate into its structure one of the previous structural elements of agricultural law (the structural effect) and in the scope, in which food law changes considerably the focus of agricultural law on consumer protection (the effect of the content). In the conclusion the Author discusses e.g. the necessity to develop subtle compromises between agricultural law being forced onto the defensive and food law in the offensive. The European Commission is ready to provide CAP with a more social aspect and acknowledging the right to food as one of the principal rights in Europe may provide important support for the development of CAP.Item Jeszcze o przyszłości prawa rolnego(Wydawnictwo Naukowe UAM, 2010) Budzinowski, RomanThe 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.