Przegląd Prawa Rolnego, 2008 Nr 2 (4)
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- ItemRolnictwo ekologiczne w prawie wspólnotowym(Wydawnictwo Naukowe UAM, 2008) Canfora, IreneRegulation (EC) No 834/2007 concerning organic production and labelling introduces some important changes into European rules on organic farming. The paper deals with general objectives and principles that regulate the agricultural production and focuses on the environmental principle. There are two reasons for that. One, because it constitutes the natural prosecution of European rules concerning the promotion of environmental measures that find an important application in the case of agricultural producers applying for aid for organic farming. Moreover, environmental protection follows the consumers’ demand for organic products. Furthermore, it is discussed how new rules introduce a differentiation between national organic productions through flexibility principle. It gives the Member States the possibility to ask the Commission for specific derogations under Article 22 and by the provision allowing the Member States to use national labels for labelling and advertising of organic products. Under the above circumstances, innovative rules of Regulation 834/2007 provide new perspectives for the sphere of agricultural production regulation. This is because of the modifications to the original scheme of the European rules in this field which have become more characterised by national identification.
- ItemOdpowiedzialność za produkt niebezpieczny podmiotów dystrybuujących żywność(Wydawnictwo Naukowe UAM, 2008) Trapé, IlariaThe main focus of all discussions on product liability has been so far put on producer's liability. Only some recent decisions of the European Court of Justice have pointed out to the possible liability of food distributors whose role in relations with producers as well as consumers has been becoming more and more important. The decision of the ECJ in the case brought against Lidl Italia, which concerned Amaro alle erbe liquor, produced in Germany and distributed by Lidl in Italy, has given rise to some interesting reflections on the liability of different subjects in the agro-food sector, and food distributors in particular. That decision is of major significance because it expressly and unambiguously provides for a possibility of finding a distributor fully liable for the products he has been handling. As a result, in a situation where the complexity of the food chain is increasing, all participants must collaborate in that chain to successfully secure efficient food safety, while individual participants could be held liable only for failure to perform the particular obligations assigned to them and determined on the basis of some functional criterion.
- ItemAgencja Nieruchomości Rolnych - restrukturyzacja czy likwidacja?(Wydawnictwo Naukowe UAM, 2008) Czechowski, PawełA question is posed whether the Agricultural Property Agency should be liquidated or restructured. This issue is discussed on the basis of the existing legal regulations and experience, recommending, in conclusion, the latter option. Consequently, three restructuring solutions are offered. The first one, modelled on the French solution SAFER, consists in the transformation of the Agency into an institution whose task would be to shape the turnover and structure of agricultural property. This institution, acting as a group of public companies in a decentralised system, and having a central, or federal structure, would implement the noncommercial mission of the public interest, creating agricultural holdings of desired sizes, or propagating settlements in desired areas. The second model provides for the transformation of the Agency into an entity that would manage the agricultural property of the State Treasury. Such a structure would resemble the Spanish model 1RYDA, and would provide for a centralised structure appointed within the structures of the Ministry of Agriculture and Rural Development, and the regional public entities supervised by ministerial territorial agencies. The third model that is worth considering is gradual transformation of the current Agency and resulting from it gradual elimination of the fiduciary role of the State Treasury. If that model is adopted, this process should have been completed before state agricultural property has been fully privatised. At that time the Agricultural Property Agency should be transformed in a state entity with a legal status.
- ItemWymóg kwalifikacji rolniczych w obrocie nieruchomościami rolnymi (studium prawnoporównawcze)(Wydawnictwo Naukowe UAM, 2008) Blajer, PawełIn the legal systems of Western European states, the agricultural qualification requirement belongs to the most commonly requirements asked from potential purchasers of agricultural property. In Poland, despite its long agricultural tradition, this criterion is de lege lata rather sparsely used. It is postulated, therefore, to restore, or re-introduce, control over the sale of agricultural property inter vivos, regarding the requirement of agricultural qualifications of prospective purchasers of agricultural plots. This postulate is regarded to as a condition necessary to improve the structure of Polish agriculture.
- ItemUwagi w kwestii usytuowania przepisów o obrocie gruntami rolnymi w systemie prawa polskiego (na tle prawnoporównawczym)(Wydawnictwo Naukowe UAM, 2008) Lichorowicz, AleksanderIn discussions on the new civil law code that is currently in the process of being drafted, certain doubts have emerged and triggered off a question whether the existing regulations of the sale of agricultural land should continue to be part of the civil law code, or be moved to specific statutes. This question is aimed to provoke a discussion on that issue and invite participation in it of lawyers specialising in agricultural law. The paper begins with a comparative study and identifies the place which regulations concerning the sale of agricultural land occupy in domestic laws o f other European states. Next, changes that have been taking place in that respect in Poland are presented, followed by a discussion on the possibility of placing those regulations either in the civil law code or specific acts. Both the positive and negative consequences of either of the solutions are examined. In conclusion, it is argued that there are more good reasons for leaving the regulations of agricultural land sale where they are, i.e. the civil law code. At the same time it is emphasised that each decision concerning that matter must entail amendments and modifications of the existing regulations, and the inter vivos and mortis causa should be treated iunctim.