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1
Content available TOURISM IN THE COMMON AGRICULTURAL POLICY
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EN
Linking tourism with various areas, including areas covered by common EU policies, poses the question about the position of tourism. One of those areas is agriculture, and the Common Agricultural Policy – CAP – that stimulates its development. The author of the article ventures to determine the place occupied by tourism in the Common Agricultural Policy. Over the years, a change could be observed in using tourism to meet the intermediate goals of the CAP. The change in approach is closely connected with the change of the main goals of the policy. Initially, CAP’s key objective was to increase agricultural production – that is why the need to stimulate non-agricultural activities, such as tourism, was largely overlooked. However, with the shifting of weight from the production increase to the development of rural areas, it is now being gradually treated as an important instrument in the structural policy. It has become the second basic segment of EU’s CAP, next to the pricemarket policy.
EN
The object of the article is to show the role of France under de Gaulle’s rule in the preparation of the Common Agricultural Policy in the years 1958-1969 as well as to answer the question whether the CAP met the hopes that de Gaulle and the French farmers placed in it. Three issues are discussed: France’s activity for the creation of the CAP in the years 1958-1962, controversies over establishing common prices for agricultural goods and efforts to develop a system of financing the CAP. The article argues that under de Gaulle’s rule France played a decisive role in the creation of the CAP as the French leader wanted to turn it into an instrument which was to help modernize and restructure French agriculture thus contributing to the improvement of the living conditions of French farmers. In the case of France the balance of the CAP in the period of de Gaulle’s rule was rather positive although not all of the initially assumed goals were achieved.
3
Content available Z zagadnień współczesnego języka prawa rolnego
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PL
The article presents selected issues with the functioning of new linguistic phenomena in agricultural law. An analysis of the impact of changes in agricultural policy on the emergence of new concepts related to climate and environmental protection was performed. In this respect, the assumptions of the new Common Agricultural Policy concerning climate protection were analyzed in detail. The article also presents the basic new assumptions concerning the implemented innovative activities in agriculture. The evolution of particular terms in agricultural law, both in terms of meaning and linguistics, was also indicated.
EN
The article presents the range of decisions made by the member-states of the European Union about the optional support given to production. Since 2015 it has been an element of the first pillar of the Common Agricultural Policy. The article provides an overview of the production support instruments implemented in Poland (indicating the essence of changes introduced in 2017). It also compares trends and the amount of support provided as part of this instrument in individual EU member-states. The research showed that the EU member-states showed big interest in the support offered to production. It was manifested both by the multitude of payments made and the considerable use of the maximum financing limit.
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EN
Quotas for the production of milk are a permanent element of the Common Agricultural Policy. Their legal character and the possibility of their acquisition are the subject of this article. On the one hand, the quotas are to be considered from the administrative law point of view– they are the result of an administrative decision and their distribution is regulated by the code of administrative procedure. On the other hand, the legislator allowed the possibility of the civil law turnover. In Poland the legislator allows permanent and temporary alienation of individual quotes. In the case of permanent alienation, regulations pertaining to the contract of sale are applied; in the case of turning them over for somebody else’s use – those concerning the contract of lease. Taking the above into account, one may observe that quotas for production of milk are of dual nature. In the relations: farmer – the Agricultural Market Agency, there is no doubt they are regulated by administrative law. Yet, in the case of appearing in the turnover they are the qualifications of a certain material worth, which requires the application of civil law.
EN
In this paper the authors present functioning of agricultural market organization system on the example of Agricultural Market Agency’s (AMA). They discuss various policy tools supporting agriculture with particular attention given to activities of AMA, which is an institution supervised by the Ministry of Agriculture and Rural Development and the Ministry of Finance within the scope of the Common Agricultural Policy and related tasks. Since 2004, the agency is an accredited EU Paying Agency distributing financial support and performing controls of manufacturing of agricultural products under the Common Agricultural Policy. The paper presents also the regulation regarding public intervention in the agricultural markets, quotas and aid schemes, marketing, production standards and trade with third countries.
EN
One of the most complex processes in the history of the EEC was to create an institutional and financial basis for Common Agricultural Policy. Advocated by France, the integration of European agriculture on the one hand was perceived in the FRG as a threat to the existence of hundreds of thousands of German farms, and on the other hand as a valuable bargaining chip for achieving fundamental objectives of its foreign policy in the 1950s and 60s, that is, to overcome international isolation and integrate politically and economically with the West. The article presents motives and decisions made by the FRG authorities with regard to the ideas of Western European integration of agriculture and the subsequent stages of the construction of the CAP in the years 1949-1969. Politicians of the CDU and the CSU responsible for managing agricultural affairs were slowing down the integration process of the agricultural market of the EEC acting under the pressure of a protectionist approach of the German Farmers' Association. Eventually however they were forced to agree to the creation of the CAP and its costly organizational and financing processes. West German agricultural policy was an integral part of general foreign policy and the consent to the creation of the CAP was the price that the FRG agreed to pay in exchange for the opportunity to implement their fundamental political and economic objectives, even though it limited possibilities of internal agricultural policy, was expensive for the budget and weakened the political influence of the CDU / CSU in the rural environment.
EN
The object of the article is to show the role of France under de Gaulle’s rule in the preparation of the Common Agricultural Policy in the years 1958-1969 as well as to answer the question whether the CAP met the hopes that de Gaulle and the French farmers placed in it. Three issues are discussed: France’s activity for the creation of the CAP in the years 1958- 1962, controversies over establishing common prices for agricultural goods and efforts to develop a system of financing the CAP. The article argues that under de Gaulle’s rule France played a decisive role in the creation of the CAP as the French leader wanted to turn it into an instrument which was to help modernize and restructure French agriculture thus contributing to the improvement of the living conditions of French farmers. In the case of France the balance of the CAP in the period of de Gaulle’s rule was rather positive although not all of the initially assumed goals were achieved.
EN
The article discusses potential changes in the European Union’s Cohesion Policy after 2013. The planned revision of the EU budget announced for 2008-2009 may become an excuse for starting talks on revising both the Common Agricultural Policy (CAP) and Cohesion Policy, the author says. The 15 old EU member states may seek to limit the scope of activities under the Cohesion Policy in a situation in which their own regions may be deprived of structural funds. The main arguments may include the limited effectiveness of Cohesion Policy and the low absorption of funds in new EU member states. Theoretical studies and empirical research show that moving away from Cohesion Policy throughout the EU would be unfavorable to most new member states as well as the European Commission and regional authorities in EU15 countries. Paradoxically, it could also negatively influence the economic development of the less well developed regions in old member states. This explains why the European Commission may be forced to propose far-reaching changes in a bid to increase the effectiveness of cohesion programs and increase the attractiveness of Cohesion Policy for old EU member states, Rokicki notes. The article includes a simulation of the potential effects of such changes, but, for reasons of space, the author only discusses several possible solutions.
EN
The article focuses on a debate under way across the European Union on prospects for developing the bloc’s Common Agricultural Policy (CAP) after 2013. At the center of the debate are ideas to reform CAP being put forward by various researchers. Historical experience shows that the ideas and suggestions of scientists play an important role in the process of reforming CAP, Kosior says. The article analyzes three specific visions of CAP after 2013-a proposal by Bureau and Mahé, who argue that the system of direct payments should be converted into a “general contractual scheme;” the idea of Heissenhuber et al. suggesting a three-step scheme of basic payments, voluntary agri-environmental measures and regional support; and a proposal by a group of leading European agricultural economists on the establishment of a Common Agricultural Policy for European Public Goods. The analysis refers to the achievements of new institutional economics. In conclusion, the author attempts to evaluate the presented ideas for developing CAP from the perspective of Poland’s interests. The shared feature of the analyzed concepts is that they place an emphasis on the environmental aspect of CAP. All the researchers suggest that the new CAP should be more flexible and more useful in the battle against climate change, the loss of biodiversity and the depletion of water and soil resources in Europe. At the same time, the Common Agricultural Policy should rely on the principle of subsidiarity. However, despite some shared features, the analyzed proposals differ in several important respects, Kosior notes. Bureau and Mahé propose co-financing and contracting of virtually all types of payments in the future agricultural policy. The agricultural economists call for national financing of direct payments, but stress the need for full financing from the EU budget of all-European public goods. Heissenhuber points to the need to differentiate payment rates depending on how farmers comply with environmental requirements. The analysis conducted shows that the proposal of the agricultural economists is the most well-balanced and could prove to be the optimal scenario for developing CAP in the long term, the author concludes.
EN
With purpose of converting the arable land into forest and other ground than enlarging wooded areas and holding and improving the ecological stability are agricultural of wooded areas by reducingthe fragmentation of forest complexes and building eco-friendly corridors. Moreover they expect increasing the participation of forests in global balance of coal and the restriction of climate change. Afforestation rates on lands of the weak quality have an economic justification on account of their low productivity and simultaneously are doing good for keeping the biodiversity.
EN
The basic function of agricultural areas is, according to the European Charter for Rural Areas, agriculture and preservation of the natural environment based on a well-functioning agricultural sector that operates in harmony with nature. The Council Regulation (EC) 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee was adopted in 1999. The programmes that are currently binding in the territory of Poland were developed in accordance with the EU policy expressed in the abovementioned acts and other documents concerning development of rural areas. These included: the Rural Development Programme that focused on social and environmental aspects, as well as a part of the Sectoral Operational Programme devoted to the development of rural areas, as well as restructuring and modernization of the food sector. Based on the priorities of the Council regulation, two strategic objectives have been set: 1) Improvement of competitiveness of the agriculture and food economy, 2) Sustainable development of rural areas. Implementation of these objectives requires the support of the Common Agricultural Policy. Polish European Union membership contributed to setting its objectives and increasing the ability to subsidise economic entities, as well as develop both the food and rural areas economy.
PL
Artykuł rozważa redystrybucyjną funkcję Wspólnej Polityki Rolnej Unii Europejskiej (WPR) służącej do podtrzymania dochodów rolniczych. Część teoretyczna omawia przejawy interwencjonizmu państwowego w rolnictwie i uzasadnienie jego redystrybucyjnej funkcji. Część empiryczna zawiera analizę wpływu transferów finansowych z UE na rozkład dochodów gospodarstw rolnych w Polsce w okresie 2004–2012. Dzięki redystrybucyjnej funkcji transferów publicznych dokonywanych w ramach WPR dyspersja dochodów rolników zmniejsza się, co pokazuje współczynnik Giniego i jego zmiany następujące wraz z upływem czasu. Niemniej jednak zróżnicowanie dochodów rolników jest większe niż dochodów reszty społeczeństwa, a luka dochodowa między rolnictwem a resztą gospodarki pozostaje wciąż duża.
EN
The paper deals with the redistributive function of the EU CAP to support farm incomes. The theoretical part presents evidence of state interventionism in agriculture and the justification for its redistributive function. The empirical part contains an analysis of the impact of the financial transfers received from the EU on income distribution among farmers in Poland in the period 2004–2012. With the implementation of the redistributive function of public transfers under CAP, the dispersion of farmers income is reduced, as evidenced by the Ginny coefficient and its evolution over time. Nevertheless, the diversification of farmers’ income is greater than in the income of the rest of society and the income gap between agriculture and the rest of economy remains large.
RU
Статья рассматривает перераспределительную функцию совместной сельскохозяйствен- ной политики Евросоюза (ССП), преследующей цель поддержать доходы в сельском хозяйстве. В теоретической части обсуждаются проявления государственного интервен- ционизма в сельском хозяйстве и его функции в области перераспределения. Эмпириче- ская часть содержит анализ влияния финансовых трансфертов из ЕС на доходы хозяйств аграрного сектора в Польше в период 2004–2012 гг. Благодаря перераспределительной функции публичных трансфертов, производимых в рамках ССП, дисперсия доходов крестьян сокращается, на что указывает коэффициент Джини и его изменения, проис- ходящие по мере течения времени. Тем не менее, дифференциация доходов крестьян оказалась выше, чем доходов остального общества, а разрыв доходов между сельским хозяйством и остальной частью экономики все еще остается большим.
EN
One of the most complex processes in the history of the EEC was to create an institutional and financial basis for Common Agricultural Policy. Advocated by France, the integration of European agriculture on the one hand was perceived in the FRG as a threat to the existence of hundreds of thousands of German farms, and on the other hand as a valuable bargaining chip for achieving fundamental objectives of its foreign policy in the 1950s and 60s, that is, to overcome international isolation and integrate politically and economically with the West. The article presents motives and decisions made by the FRG authorities with regard to the ideas of Western European integration of agriculture and the subsequent stages of the construction of the CAP in the years 1949-1969. Politicians of the CDU and the CSU responsible for managing agricultural affairs were slowing down the integration process of the agricultural market of the EEC acting under the pressure of a protectionist approach of the German Farmers' Association. Eventually however they were forced to agree to the creation of the CAP and its costly organizational and financing processes. West German agricultural policy was an integral part of general foreign policy and the consent to the creation of the CAP was the price that the FRG agreed to pay in exchange for the opportunity to implement their fundamental political and economic objectives, even though it limited possibilities of internal agricultural policy, was expensive for the budget and weakened the political influence of the CDU / CSU in the rural environment.
EN
The disbursement of funds of the European Union’s budget with regard to Common Agricultural Policy imposes on administrative authorities of Community and Member States many responsibilities to protect financial interests of the EU’s budget. This paper presents the characteristics of these responsibilities and legal consequences of their violations and deals only with issues connected with responsibilities of domestic authorities. A well– functioning system of protection of such interests consists of a group of institutional guarantees starting with the effectively functioning institutions at the level of coordination, management and implementation of UE’s aid, through effective management and control system dealing with disbursement of these funds. The effectiveness of the protection of those interests in particular Member States can be assessed by ascertained irregularities. Although Poland is considered to be a country which effectively deals with above mentioned protection of financial interests, it does not exempt our country form the obligation of further development in these area.
EN
Group of agricultural producers in the EU legislation is the preferred form of running an agricultural activity. The European Union in order to encourage individual farmers to cooperate within a group of agricultural producers introduced a number of incentive instruments, including a system of direct financial assistance to the group. Financial support from the European Union financial resources groups of agricultural producers receive from May 01st, 2004. Currently, the procedure and conditions for financial assistance granted to groups under the Common Agricultural Policy for the years 2014-2020 were largely modified. The above mentioned changes become effective from August 19th, 2016 and are strictly connected with the entry into force of the Regulation of the Minister of Agriculture and Rural Development dated August 02nd, 2016 On Detailed Conditions and Procedure for Granting Payment and Reimbursement of Financial Aid under the Action: „Setting up Producer Groups and Producer Organizations”. Under the new rules, financial assistance from the European Union may only receive a group of agricultural producers consisting solely of individuals. The legislator therefore limits the number of potential beneficiaries of aid excluding legal persons and organizational units without legal personality and with legal capacity. Moreover, financial aid would not be granted to a group of agricultural producers which had already received financial assistance from the EU budget funds. In addition, the legislator in the new Regulation introduced a number of criteria on which basis depends the order of granting financial aid. The analysis of the above criteria leads to the conclusion that the financial assistance is directed to the agricultural producer groups operating in the form of a cooperative, including at least 10 members, at the area with high agrarian fragmentation.
EN
The article contains an analysis of premises of acquiring direct payments, with special emphasis on the regulations concerning the term “artificially created of conditions”. The aim of the author deliberations is to determined what meanings the notions “artificially created of conditions” and the term of “possession” used in the regulations. The legislator of these regulations does not define these terms, and it is necessary to seek the meaning of these phrases in Polish law. First term should be understood as an institution of civil law – operation designed to circumvent the law. Second term referring instead to the definitions contained in the civil code, too. Yet, to satisfy the demand for possessing agricultural land, additional premises are to be fulfilled. Legal regulations concerning payments introduce a kind of qualified possession consisting in actual agriculture usage of land The article points to some terminological problems on the UE – national law border, reflected in judicial decisions not only the national administrative courts but also Court of Justice of the European Union.
18
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Reform of the Common Agricultural Policy introduced from 2013 shows the new financial perspectives for agriculture sustainable agriculture preferring to operate in accordance with the principles of nature conservation. To that end, the CAP financing instruments created many new requirements and incentives for farmers. Some of the existing mechanisms have been modified and adapted to the new objectives of the CAP and the possibility of the Community budget. Below are presented the most important legal issues in terms of implementation and application of the new provisions concerning the financing of the CAP.
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.
EN
The article looks at the policy programmes and role of support for rural development under Common Agricultural Policy. The author presents the characteristics of the Rural Development Programme in the current programming period (2014–2020) in comparison with the previous ones. Special attention is given to the budget of Rural Development Programme. It is also assessed from the point of view of the development of the Polish countryside.
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