rss_2.0EU agrarian Law FeedSciendo RSS Feed for EU agrarian Lawhttps://sciendo.com/journal/EUALhttps://www.sciendo.comEU agrarian Law 's Coverhttps://sciendo-parsed-data-feed.s3.eu-central-1.amazonaws.com/610cafb15730783740a4cb95/cover-image.jpg?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20210923T181525Z&X-Amz-SignedHeaders=host&X-Amz-Expires=604800&X-Amz-Credential=AKIA6AP2G7AKDOZOEZ7H%2F20210923%2Feu-central-1%2Fs3%2Faws4_request&X-Amz-Signature=21e841576c4eb7018adadc42ca9659b59fcfd665e7b69c52b18d33b15ebd0fa9200300Quality Soil and Healthy Food in the Jean Monnet Projecthttps://sciendo.com/article/10.2478/eual-2021-0003<abstract> <title style='display:none'>Abstract</title> <p>Soil quality issues, together with issues related to healthy food, are becoming key areas of interest at the European level. Both spheres play an important role in the formulation of EU policies such as the EU Common Agricultural Policy, EU Agri–environmental Policy, EU Food Policy but also EU Health Policy. For this reason, deepening knowledge and exchanging experiences in these areas seem to be necessary preconditions for finding ways to respond to current challenges and problems. The project “Quality Soil as a Pathway to Healthy Food in the EU”, acronym FOODIE, also reacts on the mentioned issues. The main aim of the project is to foster an expertise dialogue between the crucial experts (academics, public authorities, professionals from practice) in the field of food/feed management in the EU affecting the achieving the objectives of correlated EU policies and recently adopted European Green Deal.</p> <p>The presented paper is of a disseminating nature and aims to acquaint the reader with the mentioned project.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00Evaluation of Selected Indicators Pointing at the Current Condition and Importance of Agricultural Land Protection in Slovakiahttps://sciendo.com/article/10.2478/eual-2021-0004<abstract> <title style='display:none'>Abstract</title> <p>Agricultural land is currently protected by many subjects and institutions. The characteristics of the soil in terms of its functions and importance for individuals or society from perspectives of several scientific disciplines is dealt with by several authors. The aim of the paper is to point out the current state and importance of the agricultural land protection in Slovakia in connection with the threats that affect its quantity and overall quality. The indicators as the area of agricultural land and the structure of the land fund, the evolution of agricultural land withdrawals for non-agricultural purposes and the current state or structure of legislation and institutions in the field of agricultural land protection in Slovakia were evaluated. The paper pointed out the important role of agricultural land in the country, as its area, especially with the majority of arable land and permanent grasslands, represents the majority of the total area of Slovakia. For several years, however, the volume of agricultural land has been steadily declining. This phenomenon is partly caused by the agricultural land withdrawals, which have now managed to stabilize at an average of 1000ha of withdrawn land per year. In Slovakia, there is currently a large number of legislative acts regulating the protection and agricultural land withdrawals, as well as a wide range of state and non-state institutions that operate in the field of agricultural land protection. The effectiveness of the implementation of legislation and the effectiveness of mutual cooperation of institutions seems questionable focusing on the current state of the land fund, which leads to the need to expand research on these aspects.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00Review of the Book “The Legal and Economic Aspects of Associations and Agricultural Producers in Selected Countries of The World” by Aneta Suchoń (Editor)https://sciendo.com/article/10.2478/eual-2021-0005ARTICLE2021-08-05T00:00:00.000+00:00Changes in Legal Regulations as a Way of Improving Water Management in Polandhttps://sciendo.com/article/10.2478/eual-2021-0002<abstract> <title style='display:none'>Abstract</title> <p>The article presents 9 water alerts illustrating the state and problems of water management in Poland three years after the entry of the new Water Act into force on January 1, 2018. The alerts were developed by a group of experts critically assessing some of the introduced legislative changes. The alerts analyzed the main problems related to drought and flood protection as well as the specificity of water management in cities and rural areas. Postulates to improve the legal regulations in the field of water management and financing, its integration with spatial planning and educational needs in this regard were also presented. The content of 8 alerts is briefly discussed, and the problem of water–agriculture interaction is presented in more detail. The article indicates that legal regulations of water management are particularly difficult as they apply to the entire society, almost all economic sectors and the natural environment, and its preparation must be carried out with extreme care after many analyzes and debates.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00The Impacts of Food Taboos and Preferences on Food Security in Developing Countries: Evidence from Ethiopiahttps://sciendo.com/article/10.2478/eual-2021-0001<abstract> <title style='display:none'>Abstract</title> <p>Food norms are embodied within all the essential components of food security; availability, access, utilization, and stability. However, the adverse economic influences of these norms are largely under–researched in developing countries. Unique in its scoop, this study thus investigates the impacts of food taboos and preferences (FTP) on food security in Ethiopia, one of the world’s food–insecure nations combined with a culture of strict food norms. On the basis of a qualitative research design with semi–structured in–depth interviews, primary data was collected from eleven key informants of pertinent multidisciplinary backgrounds, experts and decision–makers. The empirical evidence revealed that religious and secular– based FTP have put significant restrictions on the efficient utilization of the existing edible resources in the country. For example, during Orthodox Christian (OC) and Muslim fasting days, the overall food supply chain undergoes economic turbulence. Particularly, the economic challenge of OC fasting is expressed by (1) a decrease in consumption and supply of non–vegan foods, (2) the temporary closure of butcher and dairy shops, (3) an increase in the demand and price of vegan foods, and (4) an overall reduction in consumption and economic transactions. Moreover, the tradition of animal consecration at home has made many Ethiopians to rarely depend on supermarkets, groceries, and other licensed meat shops. In turn, this impedes the country’s endeavor of attracting local and foreign private investors in the general food sector. It also alienates people from access to food labels, meat quality controls, price, size, and choice advantages, all of which are essential for better, adaptive, and stable food utilization. The results discovered in this thesis enrich our understanding on the role of food norms in the economic systems. Particularly, the study sheds light on the indispensable need to consider the subject of FTP in policies and programs aiming to end food insecurity.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00Land Tax in Local Governmenthttps://sciendo.com/article/10.2478/eual-2013-0003<abstract><title style='display:none'>Abstract</title><p> Currently the land tax causes difficulties to the managers of agricultural and forest land as it does not fulfill its historical function. Stagnant market for agricultural products together with damages caused by climate changes (floods or droughts) brings complications to the land managers by decreasing their profit. The research focuses on an analysis of land tax in Central Europe and its functioning as a municipal economic tool taking into account environmental protection and usage of nonrenewable resources. The article offers suggestions for municipalities with regard to changes in land taxation which are derived from their influence on agricultural and forest land usage.</p></abstract>ARTICLE2013-09-05T00:00:00.000+00:00Development of Legal Regulation of the Direct Support of Agriculture in The Period of 2004 – 2013https://sciendo.com/article/10.2478/eual-2013-0004<abstract><title style='display:none'>Abstract</title><p> The Accession Treaty allowed the new Member States to temporarily establish a different system of payment subsidies in agriculture, compared to the system in force in the old Member States. It is a system of the so called Single Area Payment Scheme (SAPS). This system can be used in the Slovak Republic until the end of 2013. The aim of this paper is to evaluate the rules for the direct support of agriculture within the SAPS and its actual implementation in the period 2004 - 2013.</p></abstract>ARTICLE2013-09-05T00:00:00.000+00:00The Legal Regulation of Rental Contracts on the Land Rental Market in Slovakiahttps://sciendo.com/article/10.2478/eual-2013-0005<abstract><title style='display:none'>Abstract</title><p> Rented land accounted for 53% of the total agricultural area at EU-27 level in 2009. Rented land as a proportion of total utilized agricultural area in Slovakia (UAA) is one of the highest (FADN, 2009). That is why land rent plays a very important role. Therefore, the Slovak law maker approved special legal regulation to stabilize the long-term rent of agricultural land. The paper analyses how these legal norms affect the behaviour of the land tenants doing their business activities in the agriculture. Within the paper, the development of the market farmland prices and farmland rental payments development with the administrative land prices and rental payments stipulated by the Slovak national law is analysed. Based on the research results we found out that prices of arable land have statistically significantly increased. In spite of these facts the market prices are still lower than their administrative prices(1) especially in the case of farmland of the highest quality. According to the results the rent payment for one hectare of land is not influenced by the minimum rent payment stipulated by law. Contrary, minimum rental period stipulated by law, legal forms of agricultural enterprises and quality of land have significant impact on the rental payments. The larger acreage of land of one agricultural businessman press down the land rent payments. The legal forms of enterprises as well as the land rent period belong to the dominant factors which influence the land rent payment. (1) Administrative price is a price of farmland stipulated by the law.</p></abstract>ARTICLE2013-09-05T00:00:00.000+00:00Spirit and Limits of The European and French (New?) Approach on Production Contracts, Interbranch and Producers Organisationshttps://sciendo.com/article/10.2478/eual-2013-0001<abstract><title style='display:none'>Abstract</title><p> From the Single CMO Regulation (Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products), the European common law is looking for a new challenge when the French law has been already partially reformed (Law n° 2010 - 874 of 27th of July 2010 and Décret n° 2010 - 1753 of 30th of December 2010). In both cases, Legislators would like to firstly fight against the dispersion of organizing farmer’s concentration in front of food processors (agro processing industry) and supermarkets (food distribution sector); secondly, they try to make the contracts more transparent requiring writing forms. Thus, it deals with the way farmers (farmers or producers Organizations) organize their relationships: what are the opportunities and limitations, what are the new points and specificities in this institutional law? It also deals with contracts requirements, options and freedom the partners may have. Overall this paper may represent a way to think about the meanings and the spirit of the common organization of agricultural markets reform: will it be the good answer face to the successive agricultural economic crises; it is not sure... </p></abstract>ARTICLE2013-09-05T00:00:00.000+00:00European Union Water Policy in Aspect of Rural Areas Developmenthttps://sciendo.com/article/10.2478/eual-2013-0002<abstract><title style='display:none'>Abstract</title><p> Agriculture and environment are among others the most important priorities of the European Union. Agriculture is strongly influenced by the state of the environment, including water resources. In addition to many other policies, the EU water policy is crucial for the sustainable development of rural areas. Directives are the main tools for implementation of water policy. This article contains an overview of the directives on aspects of quality and quantity of water resources. Within the paper three most important agricultural areas of the Directive are characterized: the Water Framework Directive, the Floods Directive and the Nitrates Directive. Presented mandatory EU action aimed at their implementation and the problems associated with it. Current proposals for changes in the EU water policy are described.</p></abstract>ARTICLE2013-09-05T00:00:00.000+00:00Slovak Income Tax Legislation in Terms of EU Secondary Law Transpositionhttps://sciendo.com/article/10.1515/eual-2016-0010<p>The article deals with the integration process of implementation of European Union secondary law into the Slovak tax legislation. In particular, the article analyses whether provisions of (i) EU Parent Subsidiary Directive, (ii) EU Interest and Royalty Directive and (iii) EU Merger Directive are implemented into the Slovak Income Tax Act. Following our research, it should be noted that in general, the Slovak tax legislation has adopted the EU secondary law, in particular, the Parent Subsidiary and Interest and Royalty Directives have been implemented. It should be noted that the profit distributions are not subject to tax in Slovakia. It follows that interest and royalty are not subject to tax and is applicable to EU associated companies. Following the Slovak implementation of EU Merger Directive, merger transactions are generally treated as not giving rise to a capital gain. As a result, according to the Slovak Income Tax Act the income received by shareholders from acquiring new shares and income from exchange of the shares on merger transaction is not subject to income tax.</p>ARTICLE2016-12-30T00:00:00.000+00:00The Notion of Consumer in the EU Lawhttps://sciendo.com/article/10.1515/eual-2016-0006<p>Consumer protection has been included among the EU policies by the Maastricht Treaty and has become one of the EU dominant policies. A consumer is considered as a weaker party in the private legal relationships and therefore should be protected against a stronger contract party. However, the question “who is a consumer” arises very often. The judicature of the Court of Justice of the EU proves that the notion of consumer is still not clearly defined in the secondary law of the EU. The present paper brings the overview how the notion of consumer has developed in the EU secondary law and in the judicature of the Court of Justice of the EU and it points out actual issues related to the notion of consumer.</p>ARTICLE2016-12-30T00:00:00.000+00:00Crop and Livestock Insurance as Risk Management Instrments in Polish Agriculture Compared to the EU Regulationshttps://sciendo.com/article/10.1515/eual-2016-0007<p>Risk management in agricultural production is currently one of the objectives of the Common Agricultural Policy. In order to secure the income of agricultural producers certain forms of support at both the EU and the national levels have been established, including making subsidized crop and livestock insurance contracts. The paper aims at determining the condition of the mentioned insurance contracts in Poland and answering the question to what extent a certain insurance system implemented by the national legislator serves its purpose as a risk management instrument. The conclusion is that as for compulsory contracts, since their scope is limited compared to the EU regulations, they are still not an effective measure, which partly results from the application of <italic>ad hoc</italic> support by the State. The legislative solutions in that regard should, hopefully, bring some positive developments.</p>ARTICLE2016-12-30T00:00:00.000+00:00Labour Relations of Members of Cooperatives in the Slovak Republic / Pracovné Vzťahy Členov Družstiev Na Slovenskuhttps://sciendo.com/article/10.1515/eual-2016-0004<p> The issue of labour relations between a cooperative and its members is a quite few frequent subject of interest in the area of scientific public. Specificities of previous legislation of the position of members of cooperatives whose members’ relations are determined by the labour - law relations are also reflected in the current regulation. There absent rational reason of different approach. In the paper we deal with a short consideration of coherence between the Labour Code and the Commercial Code of the Slovak republic, highlighting the importance of the statutes of the cooperative. We also deal with the theoretical and practical issues resulting from analyzed acts with the effort to appeal to the necessity of unification the legislation of labour relations of nonmembers of cooperative with relations of members of cooperative. The basic consideration de lege ferenda is to constitute the conformity of current regulation to prevent the application uncertainty.</p>ARTICLE2016-07-14T00:00:00.000+00:00Legal Rules on the Purchase Contract under the Czech new Civil Code – – Selected Problems / Právní Úprava Kupní Smlouvy Ve Světle Nového Občanského Zákoníku Čr – – Vybrané Problémyhttps://sciendo.com/article/10.1515/eual-2016-0002<p> The goal of the present paper is to draw attention to some key rules and principles of the purchase contract. After the specification of this contract type we will deal in more details with the defective performance and the procedure of its complaint. As suggest the first assessment and reviews of the application of new legislation in its practical use and by the case law, in the achievement of the objective desired by the NCC - to increase the transparency of the procedure of complaints - the new legislation stacked in the middle of the way. The paper compares the impact of the new the previous and the current regulations, We will use the method of functional analysis as well as the method of legal formalistic comparison. It is obvious that the new rules respect the former régime of commercial contracts. The business sphere has undoubtedly welcomed this feature of the legal regime as the merchandisers are familiar with these rules. The second issue is, however, how this modification in the general regulation meets the expectations of the to provide sufficient legal certainty in the interpretation of contractual provisions and in the access to the protection of their interests by courts in the event of disputes.</p>ARTICLE2016-07-14T00:00:00.000+00:00The Consumer Policy in the Eu Law / Spotrebiteľská Politika V Práve Eúhttps://sciendo.com/article/10.1515/eual-2016-0003<p> Consumer protection is a dominant policy of the EU. Despite this fact, the article 169 of the Treaty on Functioning of the European Union does not enable to adopt the binding legal laws on consumer protection per se. The binding legal laws could be adopted only within the context of other politics and activities on the internal market of the EU. The paper addresses the consumer policy and its status in the EU law by the historical development and legal analysis of the article 169 of the Treaty, secondary law development of consumer protection, jurisprudence, and judicature of the Court of the Justice of the EU.</p>ARTICLE2016-07-14T00:00:00.000+00:00Legal Environment for Organic Production in the Eu and Ukraine / Pprávne Prostredie Pre Ekologickú Produkciu V Eú A Na Ukrajinehttps://sciendo.com/article/10.1515/eual-2016-0005<p> Agricultural exporters tend to enter into contracts containing quality or standard clauses. These provisions may refer to either international public standards or standards set by private bodies. The second are usually more dynamic and thereby may respond to the consumers’ demand more quickly. However, high participation costs may exclude a large share of producers from private standards schemes. The state may pick certain socially desirable private standards and evolve them to the public regulation, as it was the case of the rules on organic farming in the EU. The government may introduce aid to encourage all interested actors to participate in the scheme, although the policy space left for the government to do so is limited by the WTO disciplines for domestic support.</p>ARTICLE2016-07-14T00:00:00.000+00:00Leader – Ex-Post Evaluation of the Delivery Mechanism / Leader – Ex-Post Hodnotenie Implementačného Mechanizmuhttps://sciendo.com/article/10.1515/eual-2015-0002<p> LEADER approach represents one of the basic pillars of current rural development policy implemented at the European level. Logical foundation of the approach is based on 7 key features, which should be horizontally presented throughout the whole delivery mechanism. That is why the presented paper is oriented on answering the research question: to what extent was delivery mechanism of LEADER (at the level of managing authority and local action groups) during the programming period 2007-2013 supporting the implementation of 7 features of LEADER approach. In order to fulfi l the stated objective there must be individual steps of delivery mechanism defi ned at both levels, consequently all the features of LEADER approach were described and the criteria of success - benchmarks were determined. Mutual linking of these steps resulted in creation of an implementation matrix what represents a visual outcome of the study.</p>ARTICLE2015-07-01T00:00:00.000+00:00Legal Regulation of Direct Payments in EU and Slovak Republic in Programming Period 2014-2020 / Právna Úprava Priamych Platieb V Eú A Slovenskej Republike V Programovom Období 2014-2020https://sciendo.com/article/10.1515/eual-2015-0005<p> Direct payments belong to one of the main supporting instruments of EU agricultural sector representing the support of farmers´ income. In the new programming period (2014-2020) there is a transition from full decoupling to targeting of direct payments. Strong emphasis will be given especially on environmental aspects representing by „greening“. The aim of the paper is to describe and review the Legal regulation of direct payments at both EU and Slovak republic level. Comparison of the amount of direct payments in 2007-2013 and 2014-2020 is also being presented. Finally selected problems in direct payments implementation are introduced and discussed</p>ARTICLE2015-07-01T00:00:00.000+00:00Obligations Related to the Transportation of pet Animals (Eu Legislation) / Povinnosti Súvisiace S Prepravou Spoločenských Zvierat (Európska Legislatíva)https://sciendo.com/article/10.1515/eual-2015-0004<p> A present paper deals with the question very often solved by the pet owner all around the EU Member States. It provides a closer look at the obligations associated with the travelling with the pet animals between the Member States or between the Member State and the third countries. It is focused on non-commercial transportation of pets, as vacation, trip, etc. Contribution by the means of synthesis, analysis and comparison offers an overview of the fundamental EU legislative acts in the fi eld in question. It also addresses the issue of pet passports, the most important identifi cation document, required for pet animals at the EU territory. Defi nitions of the frequently used terminology are listed.</p>ARTICLE2015-07-01T00:00:00.000+00:00en-us-1