Przegląd Prawa Rolnego, 2016 Nr 1 (18)

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    Przegląd orzecznictwa
    (Wydawnictwo Naukowe UAM, 2016) Gała, Paweł; Czerwińska-Koral, Katarzyna
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    Przegląd piśmiennictwa
    (Wydawnictwo Naukowe UAM, 2016) Leśkiewicz, Katarzyna
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    Przegląd piśmiennictwa
    (Wydawnictwo Naukowe UAM, 2016) Frąckowiak, Zofia
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    Polska bibliografia prawnorolna za rok 2015
    (Wydawnictwo Naukowe UAM, 2016) Gała, Paweł; Czerwińska-Koral, Katarzyna
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    Prawne aspekty uboju rytualnego
    (Wydawnictwo Naukowe UAM, 2016) Jachnik, Eliza
    The aim of this paper was to present the relationship between the animals’ welfare and their humane treatment and the ritual slaughter driven by religious views, and arising from it numerous legal issues. The analysis was made on the basis of the international, European and Polish law. It has been concluded that ritual slaughter ought to be treated as a religious practice or tradition and be evaluated on the basis of the fundamental principles of the freedom of religion. However, some restrictions may nevertheless be implemented to protect morality and be justified by the universally recognised principle of humane treatment of animals. The current norms and regulations allow for the industrial-scale ritual slaughter which is an abuse of animals’ welfare and their humane treatment. Any compromise in the aforementioned matter should be available only for religious minorities living in a particular country.
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    Uprawnienia rolniczego zrzeszenia branżowego
    (Wydawnictwo Naukowe UAM, 2016) Sikorska-Lewandowska, Aleksandra
    The aim of the deliberations in this paper was to evaluate the competences of agricultural associations after Poland’s joining the European Union. The provisions of the Act of 8 October 1982 on Social and Trade Organisations of Farmers and other legislative acts providing for these organisations have been analysed. It is concluded that the above Act provided for a number of entitlements of farmers’ associations. Many of them, however, cannot be exercised because of the lack of their adjustment to the current situation of market economy. The agricultural industry association as a legal person can act as a proxy of a farmer, while a representative of a farmers’ organisation may act as a proxy in matters related to the management of an agricultural holding. In court proceedings, an agricultural industry association may act as a non-governmental organisation while in administrative proceedings it may act in the capacity of a social organisation pursuant to relevant legislative acts.
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    Uprawnienie dzierżawcy do zakupu nieruchomości rolnej w następstwie częściowego rozwiązania umowy dzierżawy
    (Wydawnictwo Naukowe UAM, 2016) Lemkowski, Marcin
    The article analyses the term ‘the entitlement to purchase’, used in article 4 of the Act of 16 September 2011 changing the Act on the Management of Agricultural Property of the State Treasury and changing some other acts (Dziennik Ustaw 2009, item 1382) from the civil law perspective. The Act provided for an institution of the exclusion of a part of the lease (30% of the leased property), which might be interpreted as a partial termination of contract. On the other hand, it allowed the tenant who had accepted the conditions of the Agricultural Property Agency, to purchase of the remaining part of a property already leased. The nature of this entitlement is disputable. It is treated either as a claim for making the contract of purchase or for a pre-emptive right to purchase the property. The analysis presented in the article concludes that the aforementioned entitlement to purchase is equal with claims for reaching the sale agreement of the agricultural property under Article 64 of the Civil Code and article 1047 of the Code of Civil Procedure.
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    Rola Programu Rodzina 500 plus na obszarach wiejskich
    (Wydawnictwo Naukowe UAM, 2016) Puślecki, Damian
    The aim of this paper is to determine the role of the Family 500 plus Programme in rural areas, taking into account the ratio legis of the Polish Act on State Aid in Raising Children. It has been stressed that for many years the pro-family policy has been gravely neglected in Poland and the legal, economic and systemic reasons for the current demographic crisis have been presented. It is concluded that the legislative initiative is certainly a step towards a more profamily policy and despite a number of defects it is significance to rural areas. About three fourths of families in agricultural households will receive support for the first child and hence the programme may support achievement of the demographic goal of the Act, and may also constitute an important tool in combatting poverty and increasing the birth rate in women, thus accelerating generation exchange in agriculture. It must be noted though, that the same impact will not be observed in other vocational groups. Thus the 500 plus Programme should be seen as an ancillary, but certainly not key tool in Poland’s demographic policy.
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    Protection measures for protected designation of origin, protected geographical indications and traditional specialities guaranteed under Polish law
    (Wydawnictwo Naukowe UAM, 2016) Kapała, Anna
    The aim of the paper is to answer whether Polish law properly implements the obligations set out in Regulations (EU) No 1151/2012 and 882/2004 (EC) to provide for appropriate protection measures for the quality systems (i.e. protected denomination of origin (PDO), protected geographical indications (PGI) and traditional specialities guaranteed (TSG)). It analyses the measures of protection available under Polish laws, including the provisions on the control of products marked as PDO, PGI or TSG, competent control bodies, and the administrative and criminal penalties and the civil law instruments to be used in the event of a breach of the registered designations. Following the recommendations of Regulation (EU) 1151/2012 there is a system of two types of official control in Poland: at the request of the producer (exercised by the State authorities through voivodeship inspectors of commercial quality of agri-food products and authorised private certifi-cation bodies), and an ex officio control (carried out by the Inspection of Commercial Quality of Agri-Food Products).
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    Financing risk management in agriculture in the light of the Common Agricultural Policy*
    (Wydawnictwo Naukowe UAM, 2016) Lipińska, Izabela
    The last reform of the Common Agricultural Policy has resulted, among other things, in a new institutional legal framework for production risk management. The paper discusses the issues connected with the role of the EU legislator in shaping various forms of financial support as well as the position of the State in applying the state aid. Additionally, the recent changes made to legal provisions governing the support are stressed and the sufficiency of the support offered assessed. The applicable EU legal regulations establish a wide range of subsidised instruments and special protection for agricultural producers. They do not, however, make the producers take over the responsibility for risk management. It is thus concluded that applied ad hoc state aid limits the applications of risk management instruments among farmers.
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    The role of agriculture in the circular economy (perspectives for legislation and policy)
    (Wydawnictwo Naukowe UAM, 2016) Goździewicz-Biechońska, Justyna
    Among concepts developed within socio-environmental sustainability debates, the circular economy framework has recently received increasing attention. It is particularly interesting from the legal perspective, because of the current actions of the European Commission fostering EU transition to the circular economy, with recently adopted a Circular Economy Package. The aim of the article is to explore areas of theoretical and practical application of the circular economy concept to address contemporary challenges in agri-food system and identify its potential opportunities in order to enhance and optimise sustainability within the European economy by using this CE tool. It is pointed out that circular economy constitutes a useful term allowing to conceptualise the path for development of agriculture and whole economy as well, to face contemporary challenges and target environmental issues. The agricultural sector has a significant potential in the framework of circular economy, which has also been confirmed (however indirectly) in the EU’s strategy on circular economy.
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    Neue Regelungen über den Grundstücksverkehr in Polen – Rückkehr in die Vergangenheit?
    (Wydawnictwo Naukowe UAM, 2016) Blajer, Paweł
    The deliberations presented in this paper lead to an answer to the question of how the regulations included in the Act on the Shaping of the Agricultural System and in the Act on Forests, both amended on 30 April of 2016, correlate with the regulations of the transactions in agricultural property applicable in Poland before 1990. In this context, a few crucial notions been scrutinised in detail such as: ‘an agricultural property’, ‘the purchase of an agricultural property’ or ‘an individual farmer’. The paper refers also to the pre-emption rights and the purchase rights due to the Agricultural Property Agency operating on behalf of the State of Treasury. Indispensable as they were, the paper also explained new regulations referring to the transactions of the sale of forest land and the amendments to the regulations of the sale of state agricultural property. As a final statement, the author claims that in 2016 the Polish legislator returned to the controlled system of transactions in agricultural and forest property which existed before the systemic transformation of 1989, and has merely modernised it and updated to the current demands.
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    Z aktualnej problematyki dzierżawy nieruchomości rolnych
    (Wydawnictwo Naukowe UAM, 2016) Suchoń, Aneta
    The aim of the article is to emphasise the influence of the Act of 14 April 2016 on the Suspension of the Sale of the Property from the Agricultural Property Stock of the State Treasury (APSST) and the amendments to certain other acts on the functioning of the agricultural property lease. In conclusion, the authoress states that the lease as well as interest of such lease of agricultural land from the Agricultural Property Stock of the State Treasury will increase. Tenancy will become a basic way of starting and expanding large-scale agricultural farm holdings and the agricultural holdings run by the cooperatives or commercial companies. Various legal solutions that restrict the total area of the agricultural holding have also been identified.
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    Administrative liability of a farmer acting as food business operator
    (Wydawnictwo Naukowe UAM, 2016) Wojciechowski, Paweł
    The objective of this article is to demonstrate the scope of administrative liability of farmers as food business operators in the light of European Union law and Polish law. Two concepts that are of essential importance in agricultural law as well as food law are discussed. These two are in a cross-relationship. Farmers who within their agricultural activity produce food for commercial purposes or produce agricultural raw materials which after processing may become food are food business operators subject to the requirements of food law. It is then concluded that the shaping of administrative liability of farmers operating as food businesses and in particular the selection of administrative sanctions and determination of situations in which their liability may be excluded is of material importance for the efficiency of food law provisions that determine requirements related to the running of agricultural activity in the area of food production.
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    Legal aspects of labelling of gluten-free products
    (Wydawnictwo Naukowe UAM, 2016) Leśkiewicz, Katarzyna
    On 20 July 2016 a new Regulation (EU) No 828/2014 entered into force, regulating the provision to consumers of information on the absence or reduced presence of gluten in food. In this paper an attempt is made to assess the extent to which the safety of gluten-free foodstuffs has been ensured under the new regulation. It is proposed that the basic legal requirements governing the possibility of indicating products as gluten-free or containing a reduced amount of gluten have not changed much. The new provisions will apply mainly to unpacked products that are served in restaurants, for example, and will provide for the way of explaining to consumers who are intolerant to gluten the differences between products that are naturally free of gluten and products that are specially designated as gluten-free. It is also noted that a certificate verifying the ab-sence of gluten in products designated as gluten-free is not required.