Przegląd Prawa Rolnego, 2007 Nr 1
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Item Zwłoka w zgłoszeniu wypadku przy pracy rolniczej a prawo do jednorazowego odszkodowania(Wydawnictwo Naukowe UAM, 2007) Puślecki, DamianThe paper addresses the issue of late reports of accidents at work in an agricultural environment and attempts to answer the question whether a delay in reporting such an agricultural accident has any influence on the right to claim single indemnity for an accident at work. The first part of the paper determines the conditions that must be satisfied in order for the accident to be considered as reported without delay. Further in the paper, legal consequences of a late report of an accident at work, and the possible limitation of the right to claim compensation are presented. Farmers are often late to notify the insurer about an accident, despite the requirement that such an agricultural accident at work should be reported not later that 6 months following its occurrence. However, there are no legal sanctions if this date is not met. Therefore in practice, a late report does not result in any direct legal consequences, and a late claim is rejected on grounds o f unnecessary delay only if late reporting has impaired the possibility of ascertaining the actual circumstances of the accident. As can be deduced from the statistics of reported agricultural accidents, the current regulations in Poland, although introduced to discipline potential claimants, seem unsatisfactory.Item Wielofunkcyjne przedsiębiorstwo rolne w prawie włoskim(Wydawnictwo Naukowe UAM, 2007) Szymecka, AgnieszkaThe paper focuses on the analysis of the harmonisation process of Italian agricultural law, and in particular on the adjustment of the notion 'agrieultural enterprise' to the model of a multifunctional agriculture aided and promoted under Community agricultural law. These deliberations are proceeded by a presentation of reasons and conditions under which this model was formed within the Common Agricultural Policy. Legal solutions which the Community developed to diversify agricultural activities to provide for the multifunctional model o f agriculture, have been also presented. Regarding Italian law, various legal solutions supporting the harmonisation of agricultural enterprises to multifunctional activities have been shown. In particular, the amendment to the definition of an agricultural entrepreneur has been analysed. The amendment to that definition, implemented by virtue o f a legislative act o f 2001, is now set out in article 2315 o f the Italian civil code, with the result that a category of multifunctional agricultural enterprise has become part of the binding legal system. General characteristics of an agricultural enterprise are also given. The paper ends with a confrontation of the solutions implemented at the national level, with the most recent directions of the CAP. The similarities and differences between the two have been listed and discussed, and some proposals for further amendments have been made.Item Od kontraktu rolnego do kontraktualizacji programowanej(Wydawnictwo Naukowe UAM, 2007) Adornato, FrancescoThe paper focuses on the phenomenon of programme contractualisation, i.e. the occurrence of an institution in the Italian legal-economic order, by virtue of which certain activities directed towards local development, as well as those aimed at the expansion of rural areas, are jointly decided upon and realised by public and private subjects. Both, the origins and the evolution of this phenomenon, have been presented. The legal solutions that have formed the grounds for the Community's programme contractualisation and its legitimisation have been analysed in more detail. In particular, the institution of setting -aside certain areas from the scope of arable land under cultivation has been researched. As it further transpires, and may be seen in the course of legal comparative studies, that institution is of a contract nature, and is concluded by and between organs of public administration and individual farmers. The relations between programme contractualisation and an agricultural contract have also been analysed. Numerous theories regarding the agricultural contract developed in the Italian doctrine have been presented, and their relations with the grounds of programme contractualisation discussed. The latter is seen as being rooted in the expansion and development of a given area. Finally, a possible impact of programme contractualisation on agricultural contracts is emphasised.Item Przemiany na wspólnotowym rynku cukru w nowych warunkach gospodarczych(Wydawnictwo Naukowe UAM, 2007) Lipińska, Izabela1 July 2006 witnessed the reform of sugar market, one o f the sector-specific agricultural markets organisations functioning within the European Union. On the one hand that reform was prompted by the imminent accession to the EU of new members (Rumania and Bulgaria) and on the other, it was pursued in response to the pressures of the WTO, which demanded liberalisation of the Community sugar market, and in particular the lowering of official sugar price and the opening of that market to third countries. The new legal framework resulted in many modifications in the functioning of the sugar market in respect of the production quotas, guaranteed prices, sugar storage, or support for sugar beet growers. The latter, pursuant to the binding regulations, must re-new their sector contracts with sugar producers. Having in mind the situation in the world sugar market, the Community legislator provided for restructuring payments, which are now a new instrument with which to stimulate sugar production within the Community. The first sugar campaign under the new conditions is coming to an end but very few of the assumptions of the new reform have been attained. The new legal instruments that have been implemented do not always perform as expected. Consequently, the legal organisation of the sugar market after the reform is still in need of further modification.Item Prowadzenie działalności rolniczej na obszarach „Natura 2000" - aspekty prawne(Wydawnictwo Naukowe UAM, 2007) Otawski, PiotrAgricultural activity is the most common way in which man may influence the environment in areas designated as parts of “Natura 2000” network. Therefore, appropriate rules regulating agricultural activity within the European ecological network “Natura 2000” create an imperative condition for the success of the European project which aims at conservation of the natural resources on the European continent. The paper is an attempt to analyse and evaluate that part of Polish legislation which should provide for legal protection of habitats and species in special areas of conservation and special protection areas, as well as secure a system of financial support for the types of agricultural activity that are recommended for those areas.Item Prawo do uprawy i dostawy buraków cukrowych (zagadnienia wybrane)(Wydawnictwo Naukowe UAM, 2007) Bobeł, ŁukaszThe aim of the paper is to determine the legal nature of the right to grow and deliver sugar beets. The legal regulations concerning that right in Poland have also been analysed. The right to grow and deliver sugar beets is one of the instruments regulating the sugar market in Poland. The possession of a right is of m ajor significance when it comes to the profitability of sugar beet production. The right to grow and deliver sugar beets held by a planter generates, on the part of the sugar producer, the obligation to contract a certain legally established amount of sugar beets, and to pay the minimum price for the beets supplied under the contract, within the limits set out for the plantation. Therefore it may be assumed that this right is of a pecuniary nature. At the same time, contrary to sugar and milk production quotas, this right can be characterised as of private law type. The legal regulations currently binding in Poland provide expressly that the right to grow and deliver sugar beets is transferable. It may be disposed of w holly or partially, and, as it seems, may also be leased under a leasehold contract.Item spis treści(Wydawnictwo Naukowe UAM, 2007)Item Sprawozdania i informacje(Wydawnictwo Naukowe UAM, 2007)Item Przegląd orzecznictwa(Wydawnictwo Naukowe UAM, 2007)Item Przgląd piśmiennictwa(Wydawnictwo Naukowe UAM, 2007)Item Sprzedaż egzekucyjna gospodarstwa rolnego i jej skutki dla nabywcy(Wydawnictwo Naukowe UAM, 2007) Głodowski, WłodzimierzThe latest amendment to the code of civil proceedings has provided for a completely novel manner of enforcement proceedings, and namely an enforced sale of an agricultural business or farm (articles 106414-106423 o f the code). The paper focuses on the analysis of the two legal ways in which a farm may be sold: (1) by putting it up for an auction, or (2) in a free market, and on the issues related to the transfer o f the title to the farm by virtue of a contract concluded by the receiver and the buyer, and to the division of the proceeds from the sale. Another issue analysed is the liability of the new owner for the debts attached to the farm he has acquired. In the event o f an enforced sale of a farm, the legislator did not adopt the principle o f an enforced sale having an effect of a primary acquisition of the subject of executive proceedings. On the contrary, exeutive proceedings resulting in an enforced sale of a farm do not eliminate the charges burdening individual assets of the subject of the sale, but create personal liability of the buyer for the debts incurred as a result of business carried out on the farm before he had bought it, provided those were disclosed to him during the executive proceedings.Item Nowe zasady pomocy państwa dla rolnictwa w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2007) Balcerak, SebastianIn the drafting o f the New Community guidelines for state aid in the agricultural and forestry sector for the years 2007-2013, the starting point for the European Commission was an assumption that economic effects o f aid granted in the agricultural sector are completely independent of their financing source. This approach is also the basis upon which legal instruments supporting the agricultural sector in member states are implemented on the same terms and conditions as those specifically set out for analogical instruments in Community law. Thus, while the Community character and the essence o f the mechanisms used to manage and streamline agricultural activities has remained untouched, the way for funds flowing from other than the Community’s resources has been paved. Therefore, in the discussion on the reform of the EU rules of state aid in agriculture, it is justified to indicate the basic assumptions of that regime. The paper aims to answer the question whether the situation of the subjects receiving support under the Common Agricultural Policy differs depending on the source of the financing instrument granted to them. The paper also touches upon the issue of a simplification of acquis communautaire in the context of the state aid rules.Item Ochrona oznaczeń geograficznych produktów rolnych i środków spożywczych w prawie międzynarodowym(Wydawnictwo Naukowe UAM, 2007) Kapała, AnnaThe paper concerns the protection of geographical indications for agricultural products and foodstuffs in international law. The aim of the deliberations is an attempt to define and evaluate the efficiency of international protection of geographical indications. The approach to the definition of geographical indications, the subject and the scope of protection, as well as the problem of deciding, by member states, which legal measures to take, and, above all, the regulations governing disputable issues such as: premises for the exclusion o f protection, the conditioning of the prohibition of protection on whether the consumer has been misled, the registration of geographical indications as trademarks, and exceptions made for special protection o f wines and spirits have been discussed. Finally, the influence of the TRIPS 'national treatment' and the 'most favoured nation clause' rules on the protection of geographical indications o f third countries in the European market have been presented. The paper ends with a conclusion already formulated in the literature that the level of protection of geographical indications provided for in the TRIPS Agreement is not satisfactoryItem Wpływ negocjacji rolnych Światowej Organizacji Handlu na reorientacje Wspólnej Polityki Rolnej(Wydawnictwo Naukowe UAM, 2007) Szaryk, MichałThe paper focuses on international commercial negotiations involving agricultural laws and regulations, and the impact of those negotiations on the re-orientation of the Community Common Agricultural Policy. The paper covers the results of the GATT Uruguay Round negotiations , and characterises the negotiations carried out within the WTO. The results o f the WTO Ministerial Conferences in Seattle, Doha, Cancún and Hong Kong have been presented, and the reforms to the CAP have been shown in the light of the WTO negotiation accomplishments. In result o f the agricultural decisions taken at the WTO level, the EU undertook to limit its protectionist agricultural policy. However, a complete resignation from support to that specific sector o f the EU economy is impossible. Therefore, certain measures towards the re-orientation of the CAP have been taken, enabling the Community to secure grounds for its sustained development. As a result, the Community continues to pursue the European agricultural model based on the preservation of the specific structure of European agriculture and dynamic development of rural areas.Item Z problematyki kontroli związanej z płatnościami bezpośrednimi do gruntów rolnych w Polsce(Wydawnictwo Naukowe UAM, 2007) Staniewska, AnnaAn operational control system, or an adequate system of audit and monitoring is of significant importance for ensuring proper expenditure of the Community funds, and - for that matter - of a proper mechanism of effecting direct payments to land. The paper focuses on the question whether the system of checks and controls in the Polish legislative system is adequate to secure the appropriate level of monitoring of direct payments to land required in Community law. The paper is also an attempt to diagnose the difficulties encountered by Polish organs which are responsible for proper monitoring of the spending of Community funds. The paper ends with a conclusion that the management and the audit/ control systems are not integrated, and as a result there is no control over the management of direct payments to land in Poland.Item Reforma Wspólnej Polityki Rolnej w 2003 r. i reżim płatności jednolitej(Wydawnictwo Naukowe UAM, 2007) Germanò, AlbertoThe subject of the paper is the legal regime of the single payment scheme in the context of the reform to the Common Agricultural Policy drafted in 2003. The reform, adopted by then 15 member states o f the EU in resolution 1782/2003 dated 29 September 2003, postulates a departure of production and support. The specific feature of the reform is that the Community support is conditioned, or dependant, on the effects of cross compliance, which, when not achieved, result in a reduction or withdrawal of the aid. Another condition stipulated in the reform is the tying of aid with environmental protection, as envisaged in the Green Box of the Marakesh Agreement. The Community no longer grants financial aid to production, but aims to support farmers for the very fact that they are farmers. In other words, Community aid does not follow the product but takes the form of a single payment. That payment is now qualified as the average production support, or payment made in the years 2000-2002. In the effect of the further decoupling of direct payments, the farmers receive a certain 'rent1, and may then decide to terminate agricultural production, to ensure “good agricultural practice, compatible with the principles of environmental protection” . Another objective of the reform is granting aid for profitable production (on good arable land), and as such it meets the market expectations.Item Z prawnej problematyki jakości produktów rolnictwa ekologicznego(Wydawnictwo Naukowe UAM, 2007) Leśkiewicz, KatarzynaThe objective of the paper is to define legal elements of organic agricultural products quality. The quality of organic agricultural products is a specific category of agricultural products quality. According to Community regulations the quality of organic agricultural products is placed in the "quality of production" system in accordance with the standards set out by the Council Regulation (EEC) No 2092/91 of 24 July 1991. The quality of organic agricultural products is not of local character, but comes under globalisation and is subject to standards that serve the liberalisation of trade, contrary to ‘agricultural products as traditional specialties guaranteed’, ‘products with designation of origin’, or ‘products with geographical indications’. The quality of organic agricultural products derives from the quality of the organic method, whose compliance with the prescribed standards, and the requirements of Regulation No 2092/91 is subjected to inspection proceedings during all stages of production and marketing. The competent authority then confirms positive effects of such proceedings with a certificate of inspection stating the compliance with those standards, which is notified to consumers by an organic label on agricultural products.Item Ustrojowy czynnik rozwoju prawa rolnego(Wydawnictwo Naukowe UAM, 2007) Budzinowski, RomanThe objective of the study was to provide general assessment of the role of constitutional provisions regulating agriculture in the shaping of agricultural law. The author first analyses relevant provisions in selected European constitutions and then discusses article 23 o f Poland's Constitution in more detail. Article 23 provides that the basis o f the agricultural system o f the State is the family farm. Looking for guidelines how to construe this constitutional 'agricultural' provision, the author quotes other provisions, and in particular the one which describes the social market economy as the basis of the economic system. The agricultural system (as well as the agricultural market) is an element o f a social market economy. Thus agriculture is also part o f the national economy, which means a departure from the strictly liberal attitude to it, allowing for certain corrections, or adjustments o f the market rules. In conclusion the author states that the provisions o f Poland's constitution justify an agricultural policy whose aim is to ensure that agriculture enjoys more favourable development conditions than those secured by the available market mechanisms. Such a policy is based on the need to take account o f the specificity o f agriculture that makes it so distinct from other sectors o f the economy. The actual role o f the Constitution o f the Polish Republic in the development o f agricultural law is not significant. As the legislative experience has shown so far, while the 'corrective' function o f the 'agricultural' provision of Poland's Constitution is very clear, its creative function is not at all pronounced. On the other hand, the recent years have proved a growing importance o f the international, and in particular European factor, in the development of agricultural law in Poland.Item Wpływ wspólnotowego prawa rolnego na prawo rolne wewnętrzne(Wydawnictwo Naukowe UAM, 2007) Costato, LuigiThe aim of the study was to establish the extent of the influence of Community law on Italian agricultural law today. The article points to two tendencies present in the Common Agricultural Policy of the EU: (i) the progressing ‘re-nationalisation’ which, through a larger margin of the freedom of decision granted by the Community, allows member states to better adjust the legal instruments required by the Community law to the specific national and regional needs, and (ii) the Community intervention in the food sector. The European CAP, in distancing itself from agricultural production, focuses on agriculture that is aimed at conservation and improvement o f the natural environment, and on the production of safe and quality products. As shown in the conclusions, the evolution o f Community law is twofold. On the one hand there is a growing concern and recognition that national policies o f member states must be catered for, on the other hand, however, the hygiene conditions and safety requirements that agricultural producers must observe are increasing in numbers.Item Zmiana wysokości czynszu w czasie trwania stosunku dzierżawy gruntów rolnych(Wydawnictwo Naukowe UAM, 2007) Suchoń, AnetaThe paper is an attempt to present some selected issues related to the change in the lease rent during the agricultural land lease period, and the manner in which the Agricultural Property Agency solves them. The principles o f establishing the amount of that rent when the lease is prolonged for another period, as well as after the lapse o f 10 years in the case o f a land leased from the Agricultural Property o f the State Treasury resources are also discussed. In the author's opinion, despite the fact that the legal regulations concerning the above cases are very general, the lease rent that the Agricultural Property Agency establishes pursuant to article 39 clause 2 point 1 of the Act of 19 October 1991 when the lease is prolonged, is correct. What is more, once the regulations of the article quoted above have been used in practice, the modifications of the lease rent are carried out according to clear principles, and are uniformly applied in respect of every lessee. Article 700 of the civil code has also been analysed. Although the obligation to insure crops and livestock has practically rendered the significance of lease rent reduction pursuant to article 700 of the civil code much less important , this institution will not easily disappear from the relations in the rural areas. The author concludes that the lease rent regulations need modifications. Those that are currently binding do not ensure stability and have a negative impact on the preservation o f the durability of lease relations. This remark applies especially to the principles of establishing the level of rent in tender procedures, when the lease is prolonged for another lease period, and when the lease rent is to be reduced.