Wyniki wyszukiwania - Biblioteka Nauki

1

Sustainable food systems in the light of the legal and economic conditions of the common agricultural policy

100%

Baum R. , Leśkiewicz K.

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2023

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tom 101

7-22

EN

The purpose of this paper is to formulate a preliminary assessment of the selected solutions of the Common Agricultural Policy as to whether they are adequate from the perspective of the objectives of the SFS. Sustainability of food systems has become a complex process, dependent on a number of environmental, economic, and social factors. The authors assess that the instruments for supporting Sustainable Food Systems included in the national strategic plan are adequate to the goals of these systems, but some reservations can be raised about them. In particular, in addition to measures that are certainly beneficial and consolidating (e.g., supporting the reduction of antibiotic use in livestock production and pesticide use in crop production), the national strategic plan lacks larger-scale instruments (important from the point of view of the big picture) to support, for example, the introduction of resource-efficient and climate-resilient production, the promotion of a healthy and sustainable diet, the wider introduction of quality food (not only organic), the reduction and combating of food waste, the proper storage of food, or the reduction and management of waste generated in the food chain. The relative nature of the conditionality mechanism remains a shortcoming.

2

Funkcje gospodarstwa rolnego w świetle art. 55(3) kodeksu cywilnego

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Stefańska K.

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tom 11

147-161

EN

Definition of agricultural holding contained in the Civil Code is the subject of numerous studies. This is justified, since this definition is one of the basic conceptual categories of agricultural law, to which reference is made in a variety of acts. Issues related to the definition has become particularly current after the changes of the Civil Code in the year of 1990. Among the questions raised is, inter alia, determination of the functions performed by the holding, which art. 553 of the Civil Code refers to. The study identifies the importance of the proprietary and functional features, and their mutual relations. These functions are inextricably linked. At most it can be said of stronger or weaker accentuation depending on type of institution to which the normative concept of the holding is applied.

3

Zmiana paradygmatu prawa rolnego

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Bieluk J.

Studia Iuridica Agraria

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2015

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tom 13

65-76

EN

Agricultural law is developing very dynamically. Looking at the development of agricultural law for several decades, it can be argued that a distinct change regarding the basic rules determining the nature of agricultural law has occurred. The change is profound and fundamental. It should be defined as a paradigm shift in agricultural law and such a paradigm should be understood as a set of basic rules determining the identity of a branch of law. Agricultural law is changing its essence and expanding its field of regulation. Agricultural law defined as the land law or the production law is becoming a branch related to the management of agricultural space as well. The agricultural land law becomes the law governing the life in the country. This publication is devoted to the justification of this thesis

4

Wpływ ustawy z dnia 14 kwietnia 2016 r. o wstrzymaniu sprzedaży nieruchomości Zasobu Własności Rolnej Skarbu Państwa na kształtowanie ustroju rolnego – zagadnienia wybrane

100%

Jurcewicz A.

Studia Iuridica Agraria

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2017

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tom Studia Iuridica Agraria, 2017, tom XV

EN

Shaping the Agrarian System is one of the basic topics of the Polish Agricultural Law. The main problem here is to define a proper model of ownership relations in the agricultural sector and principles of the real estate trading. These issues are relevant for both economic and political relations. In economy the influence the real capability of the agricultural sector as well as the standard of living of the agricultural society. In the politics they are treated as the instruments assuring the food security for all the citizens and in the international relations food sovereignity. The article presents, against the historical background, the solutions provided in the recently adopted law, the main purpose of which was to restrict the possibility of acquiring the agricultural real estate by foreigners. The new law provides a ban for the transfer of state owned agricultural real estate not only to foreigners but also to Polish citizens who are not farmers. It also provides certain other restrictions on this area.

5

O roli orzecznictwa TSUE w procesie harmonizacji prawa Unii Europejskiej z prawem krajowym

100%

Będźmirowska P.

Studia Iuridica Agraria

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2016

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tom 14

329-340

EN

Upon entry into force of the accession treaty, Poland – as a member state of the European Union – became bound by the body of EU law (the acquis communautaire), including its primary and secondary law as well as the interpretation of EU law contained in the Court of Justice of the European Union case-law. Due to a very close approximation of Polish legislation to EU law – resulting from the obligation to consider, employ, and apply in the process of implementing the former a number of EU legal acts, i.e. regulations, directives, as well as acts of soft law such as guidelines and recommendations that are not acts of common law – the problem of the scope of application of EU law within the Polish legal system has occurred; this problem, or a gap in the legal sense, has been addressed and resolved, to a large extent, by case-law of the CJEU.

6

O Profesorze Andrzeju Stelmachowskim jako prawniku

100%

Budzinowski R. , Czechowski P. , Korzycka M. , Lichorowicz A. , Prutis S.

Studia Iuridica Agraria

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2016

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tom 14

11-26

EN

Professor Andrzej Stelmachowski (1925-2009) is an outstanding person, deserving huge appreciation because of his activity in various fields; as a lawyer, a prominent specialist in civil law, commercial law, family law, who played a remarkable role in the development of agricultural law. He is the creator of a new school of Polish agricultural law, as he elaborated by his scientific achievements, a theoretical basis to distinguish (in the area of doctrine and didactics) agricultural law as a separate branch of law; he has proposed an original method of research – the study of law in the process of its application, and around these ideas he organized research teams – a large group of students at such universities as: Wroclaw, Warsaw and Bialystok (Professor has promoted 23 PhDs of law). Another merit of Professor Stelmachowski was to determine the object and scope of agricultural law, the fundamental structures of agricultural law (the concept of agricultural property), as well as the legal solutions for protection of individual farming. The recognition and respect for the position of Professor at the international level are demonstrated by His numerous professional contacts and honorary doctorates that he was awarded with. The Professor was the first Polish scholar in the CEDR (the European Committee for Agricultural Law), as well as the first President of the Polish Association of Lawyers specialized in Agricultural Law. The concept of teaching elaborated by Professor A. Stelmachowski was reflected in the subsequent editions of academic books in the field of agricultural law, issued under his scientific edit in the period 1970-2008. In all areas of his involvement, despite changes in the external environment, Professor A. Stelmachowski always presented a permanent system of values, among which we should mention: rightness, fidelity to convictions and responsibility, concern for the common good, solidarity with the weak and being guided by the social doctrine of the Church, all of which gave him an unquestionable moral authority as a Person of great strength of character.

7

Selected Regulations of the Common Agricultural Policy Affecting the Competitiveness of Polish Agriculture in the New Financial Perspective

100%

Czechowski P. , Niewiadomski A.

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2016

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tom 66

61-74

EN

The article presents selected legal problems in the scope of rural development policy, which affect the competitiveness of the agricultural sector in Poland. Selected submeasures identified in the Rural Development Programme 2014–2020 were subjected to legal analysis in terms of rationality and possible efficiency of the adopted assumptions. Potential dysfunctions were indicated and proposals according to the intended law were contained. There has also been an attempt to assess the functioning of the Common Agricultural Policy as a mechanism for improving the competitiveness of the individual farms, as well as the entire agricultural sector.

8

Selected Regulations of the Common Agricultural Policy Affecting the Competitiveness of Polish Agriculture in the New Financial Perspective

100%

Czechowski P. , Niewiadomski A.

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2016

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tom 66

61-74

EN

The article presents selected legal problems in the scope of rural development policy, which affect the competitiveness of the agricultural sector in Poland. Selected submeasures identified in the Rural Development Programme 2014–2020 were subjected to legal analysis in terms of rationality and possible efficiency of the adopted assumptions. Potential dysfunctions were indicated and proposals according to the intended law were contained. There has also been an attempt to assess the functioning of the Common Agricultural Policy as a mechanism for improving the competitiveness of the individual farms, as well as the entire agricultural sector.

9

Wybrane pojęcia i konstrukcje prawa rolnego w perspektywie europejskiego prawa rolnego

100%

Czechowski P. , Newiadomski A.

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tom 11

25-37

EN

In the article chosen issues of the relation of the Polish and the European agricultural law in basic concepts were presented. They made an appraisal of the need of the redefinition of these notions. In conclusion, it was found that only changes of a basic concepts may make it necessary to formulate a new agricultural legislation in a European perspective. They pointed also at issues of sending back legal for European regulations. They also dealt with linguistic issues and interpretation of formulated notions. It was emphasized, that the concepts of agricultural legislation contained in European law are concepts national law of particular importance. They are not only modifying already existing notions, but also, when the contradiction is occurring between them they are more important and should be applied in the given area of the regulation.

10

Z zagadnień współczesnego języka prawa rolnego

100%

Niewiadomski A.

Studia Iuridica

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2020

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tom 83

146-157

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.

11

Konkurencyjność jako kategoria języka prawnego

100%

Niewiadomska A.

Studia Iuridica

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2020

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tom 83

135-145

PL

The article provides an analysis of the notion of competitiveness as a legal category allowing the operation of the economy. Various understandings of competitiveness has been analyzed through examples from economic law, in particular from agricultural law. Both European and national legal acts were analyzed. It was noted that a functional interpretation was required to decipher the meaning of competition in the law. Its common understanding does not coincide with the specification of the legal definition of that concept. Such a situation can create uncertainty, particularly when increasing competitiveness determines the effectiveness of the funds spent.

12

Miejsce i rola działalności rolniczej w prawie rolnym

88%

Kurowska T.

Studia Iuridica Agraria

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2017

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tom Studia Iuridica Agraria, 2017, tom XV

EN

The author attempts to answer the essential question concerning the position and the role of a concept covering the “agricultural activities” in the agricultural law. The author’s brief comments precede the main thread of considerations regarding the position of the “agricultural activities” in the Polish legal system and just against this background she seeks an answer the question about the position and the role of the “agricultural activities” in that system. She already in the introduction assumes that the “core” of the agricultural law shall be covered by the private law, while the core of the agricultural law is agricultural activities, which are economic activities of specific type. She, referring to the doctrine and applicable jurisdiction within the scope of private law and public law, proves that similarly as in the private economic law (commercial law) the “economic activity” forms a link between concepts of the “enterprise” and the “ entrepreneur”, while in the agricultural law the “economic activities” forms a link between the concepts: the “agricultural holding (farm)/agricultural enterprise” and the “farmer/agricultural producer”. The concept of agricultural activities cannot be dealt with separately from these two specified concepts, as agricultural activities constitute the creative factor/link; the agricultural holding is established to enable the farmer/agricultural producer within its framework and with its use to undertake a particular type of economic activity to satisfy specific needs. The agricultural activities fulfils two basic functions: production and organisational, and the choice of agricultural holding components is provided in the light of the intended or performed activity, what means that the selection of relevant subjects and rights shall enable to carry on the selected agricultural activity. Moreover, this type of activity also subjects to the rules of public economic law, which in market economy systems becomes more useable to protect economic operators than merely to legitimatise economic governance of the State.

13

Lokalizowanie odnawialnych źródeł energii na obszarach wiejskich w świetle zasad planowania przestrzennego

88%

Niewiadomski A.

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2022

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tom 91

256-268

EN

Land use planning is a key element of rural development. First, it is related to the circulation of agricultural real estate and its use for non-agricultural purposes. Secondly, it finds in the current state of the law fundamental importance for the development of renewable energy sources, including wind farms. Some people see in such localization of renewable energy sources obstacles and hindrance to the process of expanding wind farms in Poland. The article evaluates the current regulations, as well as the proposed changes not only in the context of rural development, but also climate and environmental protection. The results carried out do not inspire optimism due to the existing conflict between the development of wind farms and the acquisition of so-called green energy, and the preservation of landscape heritage and aesthetic values of nature, including spatial order.

14

Krajowy Plan Strategiczny jako instrument prawny rozwoju rolnictwa

88%

Niewiadomska A.

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2022

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tom 91

242-255

EN

The Common Agricultural Policy after 2022 is shaped on two levels. European, which sets the framework for maintaining the EU’s internal market, and the domestic one, which flexibly implements the shaping of rural development. Strategic plans will be one of the key documents enabling the financing of agriculture after 2022 in the EU. In the case of Poland, it will be the National Strategic Plan. The article presents the main assumptions of the plan and the procedural issues related to the issuance of the plan. An assessment of the implementation of the postulates to simplify the Common Agricultural Policy on the example of new regulations was also presented. Attempts were made to find an answer to the question of how the new regulations will affect the competitiveness of Polish agriculture. The National Strategic Plan, by selecting only some aid instruments, has a significant impact on the shape and development of Polish agriculture.

15

Law and Economics – Selected Issues of Mutual Relations on the Example of Agricultural Legal Regulations

88%

Niewiadomska A.

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2016

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tom 66

273-286

EN

The article addresses the basic relationship between law and economics on the example of the regulations contained in agricultural law. The analysis has indicated the mutual interaction of these two fields by codifying certain economic instruments in order to ensure the security of turnover and objectifying the distribution of aid funds deriving from the European budget. Regulations connected with the development of rural areas, greening policy or organization of a uniform agricultural market were subjected to detailed analyses. De lege lata and de lege ferenda postulates in the scope of possible changes and improvements were also raised.

16

Public interest in spatial planning in rural areas

88%

Niewiadomski A.

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2023

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tom 98

107-117

EN

This article presents the implementation of the principles of respecting public interest in rural spatial planning. It is juxtaposed with the conflict of private interest, primarily the interference with property rights, as well as the conflict between different public interests. Legal solutions for the economic compensation for the violation of private interest (property rights) in the implementation of the planning public interest are evaluated. The private public interest in national regulations on rural spatial planning is also pointed out.

17

La reforma procesal y competencia de la jurisdicción agraria en Costa Rica

75%

Ulate Chacón E.

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nr 2(31)

137-177

EN

This article deals with the administrative judiciary in the Costa Rican legal system. The aim of the study was to present the peculiarities of the regulation of administrative judiciary which, in the context of the expansion of agricultural law covering the regulation of private law and public law, should be made distinct and separate. The concept of agrarietà has been fully implemented in Costa Rican agricultural law and now the Code of Agricultural Proceedings contains new criteria for distinguishing between judicial decisions in agricultural and administrative matters. The decisive criterion for determining the agricultural nature of a matter is the substantive or material content of the asserted claim in an agricultural or rural development dispute. An agricultural matter will be, for example, tracing the origin of agri-food products.

PL

Artykuł prezentuje sądownictwo administracyjne w kostarykańskim systemie prawnym. Celem rozważań jest przybliżenie swoistości regulacji tego sądownictwa i jego wyodrębnienia w kontekście ekspansji prawa rolnego obejmującego regulacje prawa prywatnego i prawa publicznego. W kostarykańskim prawie rolnym została w pełni wprowadzona koncepcja agrarietà. Autor zauważa, że Kodeks postępowania rolnego zawiera nowe kryteria rozróżnienia między orzecznictwem rolnym i administracyjnym. Kryterium rozstrzygającym o rolnym charakterze sprawy jest merytoryczna lub materialna treść dochodzonego roszczenia związana ze sprawami rolnymi lub z rozwojem wsi. Sprawą rolną będzie dla przykładu śledzenie pochodzenia produktów rolno-spożywczych.

18

Przegląd wybranych europejskich modeli kodeksu rolnego w kontekście ich potencjalnego zastosowania dla kodyfikacji polskiego prawa rolnego

75%

Kalinowski P.

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nr 3

106-112

EN

The commencement of codification works in the field of Polish agricultural law - what the author of the article postulates - would require a review of the developed agricultural code models in the context of their potential use or application. This article outlines selected European models of the agricultural code - i.e. the French model, the post- Soviet model, the European model, the Italian model and the Polish pre-war model of W.L. Jaworski. In summary, the author puts forward the thesis that the French model (code rural), post-Soviet model (land code) and the model of European agricultural codes should not be taken into account in possible codification works in Poland. The Italian (codice agricolo) model and the agrarian code of W.L. Jaworski (kodeks agrarny) are definitely more valuable than others and have greater potential to be used.

PL

Rozpoczęcie prac kodyfikacyjnych w zakresie prawa rolnego - które postuluje autor artykułu - wymagałoby dokonania przeglądu wypracowanych modeli kodeksu rolnego w kontekście ich potencjalnego wykorzystania lub nawet zastosowania. W ramach niniejszego artykułu zostają przedstawione w zarysie wybrane europejskie modele kodeksu rolnego, tj. francuski, postradziecki, europejski (unijny), włoski i polski przedwojenny W.L. Jaworskiego. W podsumowaniu autor stawia tezę, że model francuski (code rural), postradziecki (kodeks gruntowy) oraz europejskie kodeksy rolnictwa nie powinny być brane pod uwagę przy ewentualnych pracach kodyfikacyjnych w Polsce. Zdecydowanie bardziej wartościowe oraz posiadające większy potencjał do wykorzystania są model włoski (codice agricolo) i model Kodeksu agrarnego W.L. Jaworskiego.

19

El Derecho Agrario y el desarrollo rural sostenible

75%

Velazco Mugarra M.

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nr 2(31)

251-267

EN

Agricultural law seen in the context of rural development should respond to current challenges. Prioritising the organisation of a system that integrates multiple functions and dimensions of agricultural policy and sustainable rural development has become a social necessity. It is proposed therefore that the law on sustainable rural development adopted in Spain be a reference point for the legislative work in Cuba ensuring that agricultural law relates to the environmental aspects of agriculture, food and rural development. In this way the basic tenets of rural development can be preserved, the stability of farms ensured and the quality of life in these areas improved.

PL

Prawo rolne ujmowane w kontekście rozwoju obszarów wiejskich powinno odpowiadać aktualnym wyzwaniom. Społeczną koniecznością jest nadanie priorytetu organizacji systemu integrującego wielorakie funkcje i wymiary polityki rolnej oraz zrównoważonego rozwoju obszarów wiejskich. Ustawa o zrównoważonym rozwoju środowiska wiejskiego w Hiszpanii mogłaby zdaniem autorki być punktem odniesienia dla prac legislacyjnych na Kubie, które powiązałyby prawo rolne z aspektami środowiskowymi rolnictwa, żywności i rozwoju obszarów wiejskich. Taka ustawa zapewniałaby ochronę podstawowym założeniom rozwoju obszarów wiejskich, służyłaby zapewnieniu stabilności gospodarstw rolnych i poprawie jakości życia na tych obszarach.

20

Nowy system funkcjonowania europejskich systemów pomocowych dla rolników gospodarujących na obszarach Natura 2000 w perspektywie finansowej 2014–2020

75%

Niewiadomski A.

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2016

|

tom 61

233-250

EN

New agricultural policy of the European Union strengthens the environmental protection requirements in the process of agricultural activities. Agricultural producers will be obliged even to greater extent to follow fairly strict rules on the protection of nature, soil or water. The possibility of applying for agricultural aid from the EU funds will depend on the appropriate compliance with these principles in the new financial perspective. In the production process, a farmer will not only have to ensure a sufficiently high product quality and cost effectiveness of its production, but will also be obliged to care for the environment in which this production is carried out. This article indicates basic legal issues arising from the new regulations in this area.