Abstract The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.
{"title":"The Support of Agricultural Land Through the “Central European Initiative on Agricultural Land Protection”","authors":"Lucia Palšová","doi":"10.2478/EUAL-2018-0010","DOIUrl":"https://doi.org/10.2478/EUAL-2018-0010","url":null,"abstract":"Abstract The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114368363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
María Mar Delgado-Serrano, José Ángel Hurtado-Martos
Abstract Land is an essential resource and plays a vital role in providing food and food security, water, ecosystem services and territorial resilience. However, the past few decades have generated enormous and increasingly unsustainable pressures on land use. The objective of this research is to analyse the main land use changes in Spain between 1987 and 2011 using data provided by the Corine Land Cover (CLC) project. The general trends in land use change at CLC level 1 in this period, and more specifically the changes occurring at CLC level 3 in land destined for agricultural use are analysed. The main reasons that explain these changes, including policy influences, are then identified. The results show that the area occupied by buildings and infrastructure has doubled, agricultural land has decreased and irrigated land has increased; forested areas have also increased, but their ecological quality has been degraded. These trends question the future sustainability of that land use in the analysed period.
{"title":"Land Use Changes in Spain. Drivers and Trends in Agricultural Land Use","authors":"María Mar Delgado-Serrano, José Ángel Hurtado-Martos","doi":"10.2478/eual-2018-0006","DOIUrl":"https://doi.org/10.2478/eual-2018-0006","url":null,"abstract":"Abstract Land is an essential resource and plays a vital role in providing food and food security, water, ecosystem services and territorial resilience. However, the past few decades have generated enormous and increasingly unsustainable pressures on land use. The objective of this research is to analyse the main land use changes in Spain between 1987 and 2011 using data provided by the Corine Land Cover (CLC) project. The general trends in land use change at CLC level 1 in this period, and more specifically the changes occurring at CLC level 3 in land destined for agricultural use are analysed. The main reasons that explain these changes, including policy influences, are then identified. The results show that the area occupied by buildings and infrastructure has doubled, agricultural land has decreased and irrigated land has increased; forested areas have also increased, but their ecological quality has been degraded. These trends question the future sustainability of that land use in the analysed period.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126192397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Provision of services by public sector is a concept, which has been implemented for many decades in various forms of economic arrangement. Public sector policies and public services have significant impact on almost all spheres of life including agriculture. Throughout the history, there were times with smaller and bigger importance of public sector within the economy. The conditions of public sector always depend on the actual trend applied in the sphere of public administration and public management. After the period of New Public Management accompanied by leaning away from the “public” concept, a return to stronger statehood and more intensive public sector can be seen. There are several reasons for such development, which are also called megatrends. Urbanization, demography and social changes, climate changes and development of technology belong to the most intensive ones. The presented review paper deals with the description of the mentioned trends and provides a reflexion on their influence on the public sector and provision of public services in particular.
{"title":"Provision of Public Services in the Light of Current Global Trends","authors":"Monika Bumbalová","doi":"10.2478/eual-2018-0007","DOIUrl":"https://doi.org/10.2478/eual-2018-0007","url":null,"abstract":"Abstract Provision of services by public sector is a concept, which has been implemented for many decades in various forms of economic arrangement. Public sector policies and public services have significant impact on almost all spheres of life including agriculture. Throughout the history, there were times with smaller and bigger importance of public sector within the economy. The conditions of public sector always depend on the actual trend applied in the sphere of public administration and public management. After the period of New Public Management accompanied by leaning away from the “public” concept, a return to stronger statehood and more intensive public sector can be seen. There are several reasons for such development, which are also called megatrends. Urbanization, demography and social changes, climate changes and development of technology belong to the most intensive ones. The presented review paper deals with the description of the mentioned trends and provides a reflexion on their influence on the public sector and provision of public services in particular.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128524424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Land consolidation in the Slovak Republic is an important legal institute for fragmented agricultural land, which makes it difficult not only for the agricultural land market but also for the rational and efficient use of agricultural land. The necessity of land consolidation was already realized by the peasants in Slovakia at the beginning of the 20th century, when they voluntarily began to exchange the land. The law maker in Slovakia, however, did not realize the need for the arrangement of land relations until the year 1989, when the Law No. 229/1991 Coll. on the regulation of ownership relations to land and other agricultural property and Law No. 330/1991 Coll. on land arrangements, settlement of land ownership rights, district land offices, the Land Fund and land associations as amended were adopted. Moreover, land consolidation also addresses the development of the countryside and, last but not least, increases rural attractiveness for the inhabitants themselves. Rural development also belongs to the priorities of the EU. Thus, the implementation of the land consolidation projects is not only a wish of the owners or private investors, but also one of the ways to realize the goals of Slovakia and even of the European Union.
{"title":"Land Consolidation in Slovakia","authors":"J. Lazíková, Zuzana Lazíková","doi":"10.2478/eual-2018-0009","DOIUrl":"https://doi.org/10.2478/eual-2018-0009","url":null,"abstract":"Abstract Land consolidation in the Slovak Republic is an important legal institute for fragmented agricultural land, which makes it difficult not only for the agricultural land market but also for the rational and efficient use of agricultural land. The necessity of land consolidation was already realized by the peasants in Slovakia at the beginning of the 20th century, when they voluntarily began to exchange the land. The law maker in Slovakia, however, did not realize the need for the arrangement of land relations until the year 1989, when the Law No. 229/1991 Coll. on the regulation of ownership relations to land and other agricultural property and Law No. 330/1991 Coll. on land arrangements, settlement of land ownership rights, district land offices, the Land Fund and land associations as amended were adopted. Moreover, land consolidation also addresses the development of the countryside and, last but not least, increases rural attractiveness for the inhabitants themselves. Rural development also belongs to the priorities of the EU. Thus, the implementation of the land consolidation projects is not only a wish of the owners or private investors, but also one of the ways to realize the goals of Slovakia and even of the European Union.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130414039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The aim of the present paper is to provide a comprehensive overview of the major regulations related to the acquisition and ownership of agricultural and forestry lands in Hungary and the effect of these regulations on the trends and changes in trade and ownership structure. The four pivotal points regarding policy–making have been the following: (1) maintaining national ownership of agricultural lands, (2) preventing the registration of ownership when the aim of the transaction is speculation, (3) maintaining the limitation and strict regulations on the possibilities for new acquisitions by corporately owned farms, (4) supporting the acquisition and usage of agricultural lands by privately and family owned farms. In order to achieve these aims, the government of Hungary decided upon a framework for agricultural land acquisition and ownership that integrates a number of rules and limitations already applied by land administration authorities in other EU member countries. However, their systematic and cumulative use raises major questions in the application of the relevant laws in real–life situations; in addition, there are serious concerns about their compatibility with EU principles on legislation and jurisdiction(1). This paper summarises typical situations to illustrate the controversies of the regulations related to agricultural land acquisition and use in Hungary.
{"title":"The Effect of Land Acquisition Policy on Market Trends in Hungary","authors":"Z. Orlovits, L. Kovács","doi":"10.2478/eual-2018-0008","DOIUrl":"https://doi.org/10.2478/eual-2018-0008","url":null,"abstract":"Abstract The aim of the present paper is to provide a comprehensive overview of the major regulations related to the acquisition and ownership of agricultural and forestry lands in Hungary and the effect of these regulations on the trends and changes in trade and ownership structure. The four pivotal points regarding policy–making have been the following: (1) maintaining national ownership of agricultural lands, (2) preventing the registration of ownership when the aim of the transaction is speculation, (3) maintaining the limitation and strict regulations on the possibilities for new acquisitions by corporately owned farms, (4) supporting the acquisition and usage of agricultural lands by privately and family owned farms. In order to achieve these aims, the government of Hungary decided upon a framework for agricultural land acquisition and ownership that integrates a number of rules and limitations already applied by land administration authorities in other EU member countries. However, their systematic and cumulative use raises major questions in the application of the relevant laws in real–life situations; in addition, there are serious concerns about their compatibility with EU principles on legislation and jurisdiction(1). This paper summarises typical situations to illustrate the controversies of the regulations related to agricultural land acquisition and use in Hungary.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130739373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Agri-environment measures are a key element for the integration of environmental concerns into the Common Agricultural Policy. They are designed to encourage farmers to protect and enhance the environment on their farmland by paying them for the provision of environmental services. Rural Development Programme 2014 – 2020 introduced an agri-environmental measure for multifunctional field margins (biostrips on arable land), which contributes to increasing biodiversity, to protection of basic environmental elements and it also serves as prevention for climate change. Since so far no farmer asked the Agricultural Paying Agency for commitment, the objective of the paper was to assess the design and accuracy of calculation of the agri-environmental and climatic measure - the multifunctional field margins in the conditions of Slovakia. The research results show that the calculation methodology is incorrectly set and it does not compensate for the farmer’s loss on farm yields.
{"title":"Incorrect Methodology for Agri-Environmental Measure - Multifunctional Field Margins - As Limitation for Enhancement of Environment in Slovakia","authors":"Lucia Palšová","doi":"10.2478/eual-2018-0003","DOIUrl":"https://doi.org/10.2478/eual-2018-0003","url":null,"abstract":"Abstract Agri-environment measures are a key element for the integration of environmental concerns into the Common Agricultural Policy. They are designed to encourage farmers to protect and enhance the environment on their farmland by paying them for the provision of environmental services. Rural Development Programme 2014 – 2020 introduced an agri-environmental measure for multifunctional field margins (biostrips on arable land), which contributes to increasing biodiversity, to protection of basic environmental elements and it also serves as prevention for climate change. Since so far no farmer asked the Agricultural Paying Agency for commitment, the objective of the paper was to assess the design and accuracy of calculation of the agri-environmental and climatic measure - the multifunctional field margins in the conditions of Slovakia. The research results show that the calculation methodology is incorrectly set and it does not compensate for the farmer’s loss on farm yields.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121651270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The soil protection has a long tradition in Slovakia. Slovakia has a good and strict legislation on the soil protection. It also includes protection against erosion and degradation. However, there is a certain gap in the legislation in addressing the relationship between the lost soil and the land ownership. It is not clear how the land ownership is changed with soil particles movement along the slope, on which erosion occurs. Even more uncertainty regarding the land ownership occurs if the soil is transferred to the watercourses or water reservoirs, where the soil is transformed into sediments. On the European level, sediment management is not covered by specific regulations. The sediment management is partially addressed in several European directives directly or indirectly. The current legislation in Slovakia is creating economic and legal barriers to the return of the soil from the rivers and the reservoir to its original owners. The paper deals with the current state of explaining the problem with the soil erosion and sediment transport in relation to the valid legislation in Slovakia and the European Union. Legislation addressing the erosion and sediment is not just based on land ownership but also on principles for protection of the environment as the transfer of harmful substances to the soil or water.
{"title":"Sediments as a Part of the Soil Protection Legislation","authors":"Ľ. Jurík, Lucia Palšová, Ľubica Kopčová","doi":"10.2478/eual-2018-0001","DOIUrl":"https://doi.org/10.2478/eual-2018-0001","url":null,"abstract":"Abstract The soil protection has a long tradition in Slovakia. Slovakia has a good and strict legislation on the soil protection. It also includes protection against erosion and degradation. However, there is a certain gap in the legislation in addressing the relationship between the lost soil and the land ownership. It is not clear how the land ownership is changed with soil particles movement along the slope, on which erosion occurs. Even more uncertainty regarding the land ownership occurs if the soil is transferred to the watercourses or water reservoirs, where the soil is transformed into sediments. On the European level, sediment management is not covered by specific regulations. The sediment management is partially addressed in several European directives directly or indirectly. The current legislation in Slovakia is creating economic and legal barriers to the return of the soil from the rivers and the reservoir to its original owners. The paper deals with the current state of explaining the problem with the soil erosion and sediment transport in relation to the valid legislation in Slovakia and the European Union. Legislation addressing the erosion and sediment is not just based on land ownership but also on principles for protection of the environment as the transfer of harmful substances to the soil or water.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123653287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The paper analyzes the usage of agricultural land for non-agricultural purposes in Slovakia, the historical background of usage and protection of agricultural land with emphasis on its withdrawal and administrative procedure. It describes the historical development of usage and protection of agricultural land. The progress of agricultural land protection legislation correlates with the socio-economic determinants of a specific historical period. The paper reflects the administrative procedure of agricultural land withdrawal and significant measures for its protection. It also describes the decision-making process about the conversion of agricultural land, administrative procedures for agricultural land withdrawal, its reasons and also its conversion into another type of the agricultural land and measures protecting agricultural land acreage.
{"title":"Usage of Agricultural Land for Non-Agricultural Purposes in Slovakia","authors":"Ina Melišková","doi":"10.2478/eual-2018-0002","DOIUrl":"https://doi.org/10.2478/eual-2018-0002","url":null,"abstract":"Abstract The paper analyzes the usage of agricultural land for non-agricultural purposes in Slovakia, the historical background of usage and protection of agricultural land with emphasis on its withdrawal and administrative procedure. It describes the historical development of usage and protection of agricultural land. The progress of agricultural land protection legislation correlates with the socio-economic determinants of a specific historical period. The paper reflects the administrative procedure of agricultural land withdrawal and significant measures for its protection. It also describes the decision-making process about the conversion of agricultural land, administrative procedures for agricultural land withdrawal, its reasons and also its conversion into another type of the agricultural land and measures protecting agricultural land acreage.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116798302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The article presents the reasons and goals of the new Water Act development, which was supposed to replace amended many times the 2001 Water Act. A new Water Act has been approved 1 July 2017. The main aim of new Water Act is an achievements the objectives of the EU Water Framework Directive and other EU directives related to water management. The most important change of new Water Act is the establishment of a new water management organization in Poland, for which since January 1, 2018 is responsible the State Water Enterprise Polish Waters. The second new fundamental change is the introduction of nine water management financial instruments. Water services fees are one of them. The mechanism for determining the amount of these fees was one of the most debatable problems when adopting this legislative document. The article also presents the voices criticizing the detailed introduced solutions, including changes in investment of water infrastructure and their maintenance in agriculture.
{"title":"New Water Act in Poland – Changes and Dilemmas","authors":"E. Pierzgalski","doi":"10.2478/EUAL-2018-0004","DOIUrl":"https://doi.org/10.2478/EUAL-2018-0004","url":null,"abstract":"Abstract The article presents the reasons and goals of the new Water Act development, which was supposed to replace amended many times the 2001 Water Act. A new Water Act has been approved 1 July 2017. The main aim of new Water Act is an achievements the objectives of the EU Water Framework Directive and other EU directives related to water management. The most important change of new Water Act is the establishment of a new water management organization in Poland, for which since January 1, 2018 is responsible the State Water Enterprise Polish Waters. The second new fundamental change is the introduction of nine water management financial instruments. Water services fees are one of them. The mechanism for determining the amount of these fees was one of the most debatable problems when adopting this legislative document. The article also presents the voices criticizing the detailed introduced solutions, including changes in investment of water infrastructure and their maintenance in agriculture.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123411276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Land administration and land consolidation are two pillars of the Austrian land management sharing a long tradition and duties defined by the constitution. Land administration supports measures of land consolidation with cadastre data, land registry data and other geo–technical data. New methods and instruments of geodata assessment provides a more detailed information about land and its changes. The geo–products are contributing to an improved process efficiency of land consolidation authorities. In addition, the role of land consolidation changed from an instrument to improve farming structures to a multifunctional tool of land management.
{"title":"Land Administration and Land Consolidation as Part of Austrian Land Management","authors":"R. Mansberger, W. Seher","doi":"10.1515/eual-2017-0010","DOIUrl":"https://doi.org/10.1515/eual-2017-0010","url":null,"abstract":"Abstract Land administration and land consolidation are two pillars of the Austrian land management sharing a long tradition and duties defined by the constitution. Land administration supports measures of land consolidation with cadastre data, land registry data and other geo–technical data. New methods and instruments of geodata assessment provides a more detailed information about land and its changes. The geo–products are contributing to an improved process efficiency of land consolidation authorities. In addition, the role of land consolidation changed from an instrument to improve farming structures to a multifunctional tool of land management.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130100627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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