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Ewolucja rozwiązań normatywnych w zakresie gospodarowania nieruchomościami rolnymi Skarbu Państwa

100%

Litwiniuk P.

Studia Iuridica Agraria

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2017

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tom Studia Iuridica Agraria, 2017, tom XV

EN

The article discusses the evolution of the legal status regulating management of agricultural property owned by the State Treasury. It presents this evolution as the consequence of multiple, often provisional actions of the legislator conditioned by changing political objectives, which results in an incoherent model of Agricultural Property Stock of the State Treasury aiming to serve the development of a specific agricultural system in Poland. The incidental nature can also be attributed to the regulations used as grounds for establishment of the National Support Centre for Agriculture in 2017. These provisions were supposed to implement the longdemanded closing of the Agricultural Property Agency. However, this demand was previously associated with the need for definitive distribution of the Agricultural Property Stock owned by the State Treasury through the completion of its restructuring process and ultimately its privatisation. Meanwhile, the establishment of the National Support Centre for Agriculture only means that the past activity of the Agency will continue under a new name and that the Stock will function as property used exclusively for restructuring purposes in the near future. Such legal conditions make it difficult to achieve the main objective of state agricultural property management, which is to facilitate access to agricultural land for farmers with respect of their economic interests.

2

Krajowy system ewidencji producentów rolnych po wyroku Trybunału Konstytucyjnego z dnia 3 grudnia 2013 roku (sygn. akt P 40/12)

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Litwiniuk P.

Studia Iuridica Agraria

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2014

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tom 12

191-207

EN

On January 1, 2015 the Law of 23 October, 2014 comes into force amending the Act on the national system of records of producers, of homesteads and of applications for payments. The amendment to the Act is the corollary of the decision of the Constitutional Court of 3 December 2013, (Ref. No. P 40/12), in which, after examining the issue of the legal question presented in the High Administrative Court, on the regulation of Art. 12 paragraph. 4 of the Act, the Court held that this provision to the extent that does not provide for the admissibility of individual identification numbers given to each of the spouses in a situation where there is division of marital property and they own separate farms, is at variance with Art. 32 paragraph. 1 in conjunction with Art. 18 of the Constitution. This article is an attempt to evaluate the effectiveness of the implementation by the legislator of the guidelines made by the Constitutional Court in support of the decision in the light of the threat, under the new legal framework, of creating by the spouses artificial conditions for obtaining public assistance.

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Uproszczenia Wspólnej Polityki Rolnej – nośny slogan czy absolutna konieczność?

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Litwiniuk P.

Studia Iuridica Agraria

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2015

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tom 13

101-116

EN

In the process of shaping the Common Agricultural Policy, there continues to dominate the search for legitimizing support, in particular for direct payments, as well as the need to achieve a political compromise regarding sensitive regional issues of agriculture and rural areas. This situation does not serve to improve the quality and transparency of law, understood in particular as preventing excessive occurrence of legislative changes and undue fragmentation of the rules. Also, as a result of the recent reform, it has been decided not to make any radical solution toward simplifying the most important instrument of direct payments. The indicated by the European Commission simplification elements introduced in the CAP after 2013, in comparison to the new complex solutions, are of a symbolic nature. The introduction of the multi-component system of direct subsidies, including payments for greening, will result in a significant increase in the cost of administrative services for the mechanism. Therefore, the demand to simplify the Common Agricultural Policy is still valid and urgent as the previous efforts aimed at its realization have proved to be counterproductive.

4

Przekształcenie podstawy prawnej zatrudniania dyrektorów w państwowych agencjach rolnych w świetle wybranych zasad konstytucyjnych

63%

Litwiniuk P. , Wiącek M.

Studia Iuridica Agraria

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2016

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tom 14

315-327

EN

The purpose of this article is to assess the compatibility of the amendments made to the laws regulating the basis and manner of establishing working relationships with the management staff of agricultural administration in Poland with the provisions of art. 2, 24, 30 and 60 of the Constitution of the Republic of Poland, in particular in the light of the principle of citizens’ trust in the State, the rules of protection of labour, the principle of respect for and protection of human dignity and the principle of equal access to public service. The elaboration is an analysis of the compatibility of certain provisions of the Act of 22 December 2015 on the Amendment to the Act on Social Insurance for farmers and to certain other laws with the aforesaid constitutional models.