Przegląd Prawa Rolnego, 2012 Nr 1 (10)

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    Przegląd orzecznictwa - Tezy orzeczeń w sprawach rolnych
    (Wydawnictwo Naukowe UAM, 2012) Łobos-Kotkowska, Dorota; Stańko, Marek
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    Przegląd orzecznictwa - Wybrane zagadnienia z problematyki rolnej w orzecznictwie sądowym
    (Wydawnictwo Naukowe UAM, 2012) Kremer, Elżbieta (oprac.); Truszkiewicz, Zygmunt (oprac.); Łobos-Kotkowska, Dorota (oprac.); Stańko, Marek (oprac.)
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    Przegląd czasopism zagranicznych - „Rivista di Diritto Agrario”
    (Wydawnictwo Naukowe UAM, 2012) Leśkiewicz, Katarzyna (oprac.)
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    Przegląd czasopism zagranicznych - „Diritto e Giurisprudenza Agraria, Alimentare e dell’Ambiente”
    (Wydawnictwo Naukowe UAM, 2012) Leśkiewicz, Katarzyna (oprac.)
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    Przegląd czasopism zagranicznych - „Agrar- und Umweltrecht“
    (Wydawnictwo Naukowe UAM, 2012) Marcinkowski, Michał (oprac.)
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    Spis streści
    (Wydawnictwo Naukowe UAM, 2012)
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    Bezpieczeństwo żywnościowe i bezpieczeństwo żywności – aspekty prawne
    (Wydawnictwo Naukowe UAM, 2012) Leśkiewicz, Katarzyna
    The subject of the analysis concerns legal aspects of food security and food safety. These two terms, even though similar in wording, have quite different meanings. Both terms refer to the highest, legally protected values: health and life. They differ, however, in their importance in the legal system. The purpose of the study was to define the content and mutual relations between the two terms. Food safety and food security are coupled with legal obligations to secure them, but the decision how this objective is to be achieved remains a political choice. However, although the failure to secure food safety is subjected to multiple administrative or penal sanctions, the deficiency in food security (security of supply) may entail the political responsibility and sanctions. It seems that the relationship between the term ‘food security’ and ‘food safety’ takes the form of coexistence that may lead to identical results in the event of a failure to secure them. Food security opens up the ways to ensure food safety, while even if the food security were in place, but the food were unsafe and hazardous to human health, its consequences might lead to the same effects as those caused by food insecurity, just in a different way.
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    Sprzedaż bezpośrednia produktów rolnych – aspekty prawnoporównawcze
    (Wydawnictwo Naukowe UAM, 2012) Kapała, Anna
    This paper is an attempt to evaluate the Polish legal regulations on direct sales of agricultural products, by examining their systemic consistency and the influence they have on the undertaking and running of that activity. These concerns determine the position of a farmer in the food supply chain. Based on a comparative analysis of the Polish and Italian legal regulations on direct sales of food, the paper ends with a critical assessment of Polish law and identifies the legal barriers that impede the management and development of direct sales, also in the area of agrotourism. The main obstacles seem to be the impossibility of production and sales in the rural regime of processed products and the inconsistency, diversity and dispersion of the relevant legal provisions
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    Istota i funkcje ubezpieczenia chorobowego rolników
    (Wydawnictwo Naukowe UAM, 2012) Puślecki, Damian
    The aim of the paper was to determine the essence and function of the farmers’ social insurance against sickness, by looking at the insured object, that is the capability of the insured farmer to earn his living by the work of his hands. When assessing the insurance cover available to individuals involved in an agricultural activity, one should take into account not only the risk of a farmer falling ill, that is the sickness risk, but, first of all, the quality of the benefits paid in the event of sickness. The paper concludes with a statement that the currently binding regulation in Polish law is not adequate and does not satisfy the needs of those engaged in agricultural activity. Sickness insurance must be treated separately in the Insurance Act, the sickness insurance premiums paid by the farmers must be recalculated, and the amounts of insurance benefits paid to the insured must be increased. A higher sickness benefit would not only partially compensate an insured farmer for the lost earnings, but would also provide a real opportunity allowing the insured person to maintain the continuity of agricultural production. The sickness insurance should combine the protecting, guaranteeing, compensating-supporting and a preventive function.
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    Pozyskiwanie i energetyczne zagospodarowanie biomasy rolniczej a zrównoważony rozwój w świetle prawa Unii Europejskiej
    (Wydawnictwo Naukowe UAM, 2012) Błażejewska, Kamila
    The growing demand for biomass for energy purposes within the EU member states may cause multiple effects of different nature (social, environmental, economic) and scope (local, regional and global). In the paper, an attempt is made to answer the question on how the EU legislation ensures sustainable production and use of agricultural biomass for energy purposes. The first part of the paper provides an outline of the sustainability criteria for biofuels and bioliquids. The second part describes the EU environmental and rural legislation. The Common Agricultural Policy is considered a relatively efficient tool securing sustainable production of biomass within the EU territory. The third part is dedicated to the sustainability criteria certification schemes, with a special focus on the German certification mechanisms. It has been pointed out that there is still a pending need to include solid and gaseous biomass into the binding sustainability schemes, and to widen their scope, especially by integrating the important social and economic issues with regard to biomass originating from the third countries. The paper ends with a conclusion that the current EU legislation is not sufficient to ensure a sustainable production of energy production from agricultural biomass.
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    Recenzje i noty bibliograficzne - European Food Law, red. L. Costato, F. Albissini, Wolters Kluwer Italia, Seggiano
    (Wydawnictwo Naukowe UAM, 2012) Błażejewska, Kamila (rec.); Budzinowski, Roman (rec.)
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    Obrót nieruchomościami rolnymi w procesie integracji europejskiej
    (Wydawnictwo Naukowe UAM, 2012) Martínez, José
    The European Court of Justice treats trading in agricultural and forest estate as an element of the free movement of capital. Thus the ECJ recognises the right of member states to implement regulations restricting the fundamental rights on grounds of public interest. Classical public interest also includes objectives related to agriculture, and the development and maintenance of an independent agricultural sector in particular. Member states may, therefore, rely on that independent agricultural sector principle and ignore, in individual cases, public interest, when it comes to unrestricted movement of capital. The author discusses the reasons for restricting the freedom of movement of capital by member states, the principles of its functioning in the EU, and unification of the restricting measures that member states adopt with regards to the free movement of capital.
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    O potrzebie rozwoju nauki prawa rolnego
    (Wydawnictwo Naukowe UAM, 2012) Budzinowski, Roman
    The consequences of the difficult environment which the law sciences in Poland have been recently facing are particularly harsh for the science of agricultural law. Those unfavourable conditions manifest themselves inter alia in a very low number of lawyers who specialise in agricultural law, which is, essentially, a result of the limited, or even completely abandoned teaching of that subject at Polish universities. Other related disciplines such as agricultural administration or food law are also being neglected. And yet, as the EU and domestic legislation continues to expand, there is an increasing demand for scientific reports of various nature, including legal expertise. The author argues that Poland’s participation in the Common Agricultural Policy is an obvious reason for development of agricultural law, and emphasises the importance of that branch of law, looking at it from different angles. He addresses his postulates not only to specialists in agricultural law, but also lawyers working in other fields, and in particular those with deciding power that may help to educate a Polish law school graduate well prepared to meet the challenges and demands of the domestic as well as European legal services market.
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    Planowanie przestrzenne i ewidencja gruntów i budynków a prawo własności nieruchomości
    (Wydawnictwo Naukowe UAM, 2012) Wierzbowski, Błażej
    The subject of the paper is the influence of spatial planning and the data entered in land and buildings registers on the application of real estate ownership law. The author points to some practical difficulties arising from the fact that certain parts of land are differently classified in private and public law. This concerns, in particular, the following notions: „nieruchomość gruntowa‟ („a parcel of real estate‟), „użytek rolny‟ („arable land‟) and „teren‟ („area‟). These differences in interpretation of those notions in private and public law create a specific uncertainty when the owner of a parcel of real estate wishes to transfer the title to that property to another person, and more specifically, there is a concern that the Agency for Agricultural Property may decide to rely on the rights available to it when purchasing land for and on behalf of the State Treasury. The author proposes to define the term „arable land‟ in a statute and create a procedure of explaining possible interpretational doubts before any property is conveyed and a deed finalised. De lege lata the author also postulates that in practice all doubts regarding the semantic interpretation of the above notions be removed in favour of the right to property (in dubio pro proprietate).
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    Agropaliwa – zarys problematyki prawnej
    (Wydawnictwo Naukowe UAM, 2012) Alexander, Luis
    The growing demand for energy increases the importance of biofuels (agrofuels) production worldwide. This paper focuses on the production and use of agrofuels on the markets of the USA, Europe and Latin America. A special attention has been given to the agrofuels of the first and the second generation. The increase in demand for agrofuels has resulted in higher prices of agricultural raw materials. This, in turn has increased rural incomes. Against this background rises a fundamental issue of food security that is not only dependent on the competitive land use and intensity of agriculture, but also on the correlation between the agroenergy production and food prices. In the author‟s opinion the conflict between „bread and fuel‟ is a real threat to food security.
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    Zasada „zanieczyszczający płaci” a odpowiedzialność za zanieczyszczenie gleby spowodowane działalnością rolniczą (zagadnienia wybrane)
    (Wydawnictwo Naukowe UAM, 2012) Kuraś, Bartosz
    The subject of the paper is the „polluter pays‟ principle and certain regulations that implement that principle and provide for the liability for polluting soils as a result of agricultural activity. The objective of the paper was to assess the extent of the application of the polluter pays principle in Poland. The author concludes that the Law on the prevention of damages provides for the enforcement of the polluter pays principle, although that principle is not an absolute one. Overriding it with another, that is the „society pays‟ principle may be well founded and in line with the targets of the national agricultural policy. Such restrictions, however, must be specifically justified, and in the case of agricultural activity proper justification seems much easier to find than for industrial activities.
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    Spółdzielczość rolnicza w Niemczech
    (Wydawnictwo Naukowe UAM, 2012) Suchoń, Aneta
    The aim of the paper was to familiarise the Polish reader with cooperative agriculture and rural agriculture in Germany. First, the development of cooperative activities in Germany is presented, and next statistical data and directions of development of different activities of cooperatives are examined. Further, selected issues related to the organisation of cooperative, including its formation, organs, and rights and duties of its members are discussed, followed by a presentation of tax regulations that stimulate the development of rural agriculture in Germany. In the conclusion, the stable structure of German cooperative movement is emphasised, and so is the development of German science, the cooperation between schools of higher education and practitioners and the formation of new cooperatives in areas such as the use of renewable energy. In light of that it is postulated that Polish legislators draw on the German experience and incorporate some of Germany’s solutions in domestic laws, particularly those regulating the organisation and taxation of cooperatives.