Z problematyki uproszczenia wspólnotowego prawa rolnego
Wydawnictwo Naukowe UAM
The EU agricultural law persists to be the most complex set o f legal rules within the acquis communautaire. The direct effect o f these provisions in the normative systems of the Member States depends on their transparency and the quality o f the EU legislation in a broader sense. The inclusion o f the Common Agricultural Policy into the scope o f the Community's simplification initiative shall be perceived as a proper and desirable step towards the improvement o f the quality o f agricultural acquis. The purpose o f the paper is to find out the links between the simplification process on the one hand, and the current trends in the evolution o f the CAP on the other. The main considerations have been conducted on the basis o f the analysis o f the proposal for a new Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (the so-called single CMO Regulation). The paper also takes a closer view on the legal aspects o f interinstitutional interactions and the mechanisms fo r the adoption o f legal acts at the level o f the Community directly attributable to the substance o f the simplification process. Despite using different terms and drawing certain distinctions between the categories o f the simplification o f the agricultural law (e.g. technical, procedural) by the Community legislator, this initiative remains to be a process o f rather political nature. This conclusion stems from the fact, that currently simplification serves as a tool o f smooth preparation of the legislative process aimed at making future changes to the CAP system.
Przegląd Prawa Rolnego, 2007 Nr 2, s. 154-176.