Abstract The prosecutor’s protest is a legal mean by which the prosecutor supervises the observance of law by public authorities. District offices, cadastral departments decide on the deposit of property rights to real estate, as well as on ownership rights to agricultural land, and also decide on the protest of the prosecutor. If the relevant District office, cadastral department, or its superior authority does not remove the non–compliance by issuing a decision or a measure that complies with the law, the prosecutor may bring the case to court. The court may annul the contested decision or measure. The aim of the paper is to collect and analyse data and evaluate the institute of prosecutor’s protest as an effective tool of agricultural land protection in connection with its acquisition or transfer. The paper compares the individual years in the observed period of time and also compares different regions in Slovakia. The result is a comparison and evaluation of the observed time periods.
{"title":"Protest of the Prosecutor as a Tool of Agricultural Land Protection","authors":"J. Gaduš","doi":"10.1515/eual-2017-0008","DOIUrl":"https://doi.org/10.1515/eual-2017-0008","url":null,"abstract":"Abstract The prosecutor’s protest is a legal mean by which the prosecutor supervises the observance of law by public authorities. District offices, cadastral departments decide on the deposit of property rights to real estate, as well as on ownership rights to agricultural land, and also decide on the protest of the prosecutor. If the relevant District office, cadastral department, or its superior authority does not remove the non–compliance by issuing a decision or a measure that complies with the law, the prosecutor may bring the case to court. The court may annul the contested decision or measure. The aim of the paper is to collect and analyse data and evaluate the institute of prosecutor’s protest as an effective tool of agricultural land protection in connection with its acquisition or transfer. The paper compares the individual years in the observed period of time and also compares different regions in Slovakia. The result is a comparison and evaluation of the observed time periods.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"144 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":"123258443","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 Ownership and lease of agricultural real estate are the basic legal titles to run and organize agricultural farms in Poland. For some years now, the practical significance of lease in rural relations has been growing, which is primarily connected with the activities of the Agricultural Property Agency. Currently, lease is the basic form of management of agricultural lands of the State Treasury. The aim of the paper was to present the basic principles concerning the acquisition and lease of agricultural real estate in Poland and to assess whether the legal regulations favour the formation and expansion of agricultural farms in this country, especially family ones. It should be noted that according to the Article 23 of the Polish Constitution, the basis of the agricultural system is the family farm. The family farm, in turn, is run by an individual farmer. The paper covers also the issue of acquisition and lease of agricultural real estate by foreigners.
{"title":"The Lease and Sale of Agricultural Real Estate in Poland — Legal and Economic Aspects","authors":"A. Suchoń","doi":"10.1515/EUAL-2017-0006","DOIUrl":"https://doi.org/10.1515/EUAL-2017-0006","url":null,"abstract":"Abstract Ownership and lease of agricultural real estate are the basic legal titles to run and organize agricultural farms in Poland. For some years now, the practical significance of lease in rural relations has been growing, which is primarily connected with the activities of the Agricultural Property Agency. Currently, lease is the basic form of management of agricultural lands of the State Treasury. The aim of the paper was to present the basic principles concerning the acquisition and lease of agricultural real estate in Poland and to assess whether the legal regulations favour the formation and expansion of agricultural farms in this country, especially family ones. It should be noted that according to the Article 23 of the Polish Constitution, the basis of the agricultural system is the family farm. The family farm, in turn, is run by an individual farmer. The paper covers also the issue of acquisition and lease of agricultural real estate by foreigners.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"33 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":"133834322","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 Current development of rural areas of Slovakia is not fully reflecting the measures taken at the level of the European Union. Contrary, the differences between the territories seem to be deepening. When analysing the critical factors, job creation together with unemployment seem to be among the most pressing ones. The academics believe that the local entrepreneurship and development of small and medium size enterprises (SME) in rural areas have significant impact on accelerating the development of these communities, yet, only limited measures are taken to support them. Therefore, the main objective of the paper is to analyze the institutional framework for support of local SME within implementation of the LEADER approach as a direct instrument of the rural development policy. The emphasis was put on the last programming period (2007 – 2013) and the conditions set for the current programming period (2014 – 2020).
{"title":"Institutional Framework for Support of Local Entrepreneurship Within Leader Approach in Slovakia","authors":"Monika Bumbalová","doi":"10.1515/eual-2017-0007","DOIUrl":"https://doi.org/10.1515/eual-2017-0007","url":null,"abstract":"Abstract Current development of rural areas of Slovakia is not fully reflecting the measures taken at the level of the European Union. Contrary, the differences between the territories seem to be deepening. When analysing the critical factors, job creation together with unemployment seem to be among the most pressing ones. The academics believe that the local entrepreneurship and development of small and medium size enterprises (SME) in rural areas have significant impact on accelerating the development of these communities, yet, only limited measures are taken to support them. Therefore, the main objective of the paper is to analyze the institutional framework for support of local SME within implementation of the LEADER approach as a direct instrument of the rural development policy. The emphasis was put on the last programming period (2007 – 2013) and the conditions set for the current programming period (2014 – 2020).","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"20 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":"124962109","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 existing legal regulation of the Slovak Republic allowed small and medium–sized enterprises, which form a basis for the business environment, not only in Slovakia but also in economically advanced countries, to have a legal form of any of the four types of commercial companies or cooperatives. According to the Concept for Supporting Start–ups and Start–up Ecosystem in the Slovak Republic, for the optimal engagement of investors and start–up development in the Slovak Republic, it is most effective to introduce a new form of capital commercial company that will allow for a flexible set–up of property relationships, investors’ entry and exit from the investment. The paper deals with the issue of special regulation of private law, company law. It points out some of the changes introduced to the regulation of commercial companies by introducing a new type of capital company, a simple joint–stock company and highlights possible problems in application. The new form of a capital commercial company was established by an amendment to the Commercial Code, Act no. 389/2015 Coll., which entered into force on January 1st, 2017. The purpose of the new form of a commercial company, as stated in the explanatory memorandum, is to ensure the legal form of a legal entity, which would be a complex and, at the same time, simple solution for risky investment in the form of commercial companies, especially investments to start–ups. To what extent the new form of a commercial company will meet the expectations of investors, will only be proved after its practical implementation and after the expression of the investors' interest in engaging in such form of company.
{"title":"Legal Framework for Establishing and Functioning of Start–Ups in the Conditions of Slovak Legislation","authors":"Zuzana Ilková","doi":"10.1515/eual-2017-0009","DOIUrl":"https://doi.org/10.1515/eual-2017-0009","url":null,"abstract":"Abstract The existing legal regulation of the Slovak Republic allowed small and medium–sized enterprises, which form a basis for the business environment, not only in Slovakia but also in economically advanced countries, to have a legal form of any of the four types of commercial companies or cooperatives. According to the Concept for Supporting Start–ups and Start–up Ecosystem in the Slovak Republic, for the optimal engagement of investors and start–up development in the Slovak Republic, it is most effective to introduce a new form of capital commercial company that will allow for a flexible set–up of property relationships, investors’ entry and exit from the investment. The paper deals with the issue of special regulation of private law, company law. It points out some of the changes introduced to the regulation of commercial companies by introducing a new type of capital company, a simple joint–stock company and highlights possible problems in application. The new form of a capital commercial company was established by an amendment to the Commercial Code, Act no. 389/2015 Coll., which entered into force on January 1st, 2017. The purpose of the new form of a commercial company, as stated in the explanatory memorandum, is to ensure the legal form of a legal entity, which would be a complex and, at the same time, simple solution for risky investment in the form of commercial companies, especially investments to start–ups. To what extent the new form of a commercial company will meet the expectations of investors, will only be proved after its practical implementation and after the expression of the investors' interest in engaging in such form of company.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"20 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":"131398892","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 EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.
{"title":"The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy","authors":"M. Janků","doi":"10.1515/eual-2017-0002","DOIUrl":"https://doi.org/10.1515/eual-2017-0002","url":null,"abstract":"Abstract The EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125795659","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 Protection of the functions and surface area of agricultural land should be the interest of every society and is an expression of the maturity of the country. The paper analyses historical development of the legal regulation on the protection of agricultural land in Slovakia since the establishment of Czechoslovakia i.e. from 1918 to the present, i.e. until 2017.
{"title":"Legal Aspects of the Agricultural Land Protection in Slovakia","authors":"Lucia Palšová, Ina Melišková, A. Bandlerová","doi":"10.1515/eual-2017-0004","DOIUrl":"https://doi.org/10.1515/eual-2017-0004","url":null,"abstract":"Abstract Protection of the functions and surface area of agricultural land should be the interest of every society and is an expression of the maturity of the country. The paper analyses historical development of the legal regulation on the protection of agricultural land in Slovakia since the establishment of Czechoslovakia i.e. from 1918 to the present, i.e. until 2017.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"32 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130440836","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 this paper was to analyze reasons and a range of changes in agricultural land areas due to allocation them for non-agricultural purposes across a period of 1990-2015 in Poland. This phenomena has not been sufficiently considered till now. Lack of this knowledge does not allow effective reduction of the decline of agricultural land by appropriate legislation and administrative action, especially on urban areas. In Poland, a significant proportion of agricultural land is allocated annually for non-agricultural purposes, which is connected with their permanent withdrawal from agricultural production. The permanent decline in the area of agricultural land in the country has been observed since the beginning of the systemic transformation. The dominant direction of the land withdrawal for non-agricultural purposes is their allocation to housing construction. In 1995 the Law on the protection of agricultural and forest land was introduced. This law includes strengthened economic tools for the protection of agricultural land in the form of mandatory charges for the withdrawal of agricultural land showing the best soil quality. This has led to a significant reduction in agricultural land use withdrawal. However, accelerated regional development following the accession of Poland to the EU and, then, the need to expand technical infrastructure resulted in several amendments to the 1995 Act, significantly weakened the protection of agricultural and forest land. It seems that the land as the unrepeatable good should be strictly covered by more respect and protection than ever before, especially in areas with the highest production value.
{"title":"A Range and Reasons of Farmland Withdrawal from Agricultural Use in Poland","authors":"B. Roszkowska-Mądra, R. Przygodzka, A. Sadowski","doi":"10.1515/eual-2017-0005","DOIUrl":"https://doi.org/10.1515/eual-2017-0005","url":null,"abstract":"Abstract The aim of this paper was to analyze reasons and a range of changes in agricultural land areas due to allocation them for non-agricultural purposes across a period of 1990-2015 in Poland. This phenomena has not been sufficiently considered till now. Lack of this knowledge does not allow effective reduction of the decline of agricultural land by appropriate legislation and administrative action, especially on urban areas. In Poland, a significant proportion of agricultural land is allocated annually for non-agricultural purposes, which is connected with their permanent withdrawal from agricultural production. The permanent decline in the area of agricultural land in the country has been observed since the beginning of the systemic transformation. The dominant direction of the land withdrawal for non-agricultural purposes is their allocation to housing construction. In 1995 the Law on the protection of agricultural and forest land was introduced. This law includes strengthened economic tools for the protection of agricultural land in the form of mandatory charges for the withdrawal of agricultural land showing the best soil quality. This has led to a significant reduction in agricultural land use withdrawal. However, accelerated regional development following the accession of Poland to the EU and, then, the need to expand technical infrastructure resulted in several amendments to the 1995 Act, significantly weakened the protection of agricultural and forest land. It seems that the land as the unrepeatable good should be strictly covered by more respect and protection than ever before, especially in areas with the highest production value.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129365845","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 Issues of innovation and technology transfer are framed by a broad legislation and financial schemes at the European and national level. In context of the strategy Europe 2020 and the initiative Innovation Union, the mutual interconnection between the new knowledge creation and its economic valuation is important for competitiveness of the economy. Innovation systems are characterized by a large scale of different actors and dynamic interactions between them. The intensity of the innovation activity of enterprises is mostly influenced by the level of their legal awareness and by the ability to utilize the innovation mechanisms and opportunities for transfer of knowledge, modern technologies and practices. The paper characterizes selected legal and financial mechanisms and points out the possibilities and problems related to their implementation in economic sphere, particularly in the agrifood sector. At the beginning, the authors describe the key aspects of the innovation policy and technology transfer in the EU and Slovakia. Next parts of the paper are focused on the issue of legal institutes concerning the industrial property and on the financial instruments for the period 2014-2020 emphasizing the innovative ones and possibilities of their combination. In the final part, the authors point out the barriers and possibilities in innovation implementation and in the process of transfer of technologies and knowledge to economic sphere.
{"title":"Legal and Financial Instruments Supporting the Innovation and Technology Transfer","authors":"D. Moravčíková, Zuzana Ilková, Petra Štefeková","doi":"10.1515/eual-2017-0003","DOIUrl":"https://doi.org/10.1515/eual-2017-0003","url":null,"abstract":"Abstract Issues of innovation and technology transfer are framed by a broad legislation and financial schemes at the European and national level. In context of the strategy Europe 2020 and the initiative Innovation Union, the mutual interconnection between the new knowledge creation and its economic valuation is important for competitiveness of the economy. Innovation systems are characterized by a large scale of different actors and dynamic interactions between them. The intensity of the innovation activity of enterprises is mostly influenced by the level of their legal awareness and by the ability to utilize the innovation mechanisms and opportunities for transfer of knowledge, modern technologies and practices. The paper characterizes selected legal and financial mechanisms and points out the possibilities and problems related to their implementation in economic sphere, particularly in the agrifood sector. At the beginning, the authors describe the key aspects of the innovation policy and technology transfer in the EU and Slovakia. Next parts of the paper are focused on the issue of legal institutes concerning the industrial property and on the financial instruments for the period 2014-2020 emphasizing the innovative ones and possibilities of their combination. In the final part, the authors point out the barriers and possibilities in innovation implementation and in the process of transfer of technologies and knowledge to economic sphere.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124940942","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 Slovak Republic pays close attention to effective care of the whole environment, important component of which is also the air. This is ensured through designated authorities within the competence of the State. Municipality, as the basic unit of territorial self-government, is the subject, which has competencies in the area of air protection and acts as a state administration body. This paper focuses on an analysis of legislative assurance of legal relationships arising during the application of the transferred competencies of the state administration to municipalities. In particular, it focuses on the position of the municipality in matters of transferred state administration and its focus on air protection, municipal competencies in air protection, administrative offenses in the competence of the municipality and their solution. Using the methods of analysis, deduction and grammatical and logical interpretation, the paper attempts to continuously monitor, analyse and organise the competencies of the municipality in the exercise of the transferred competencies in the area of air protection and to analyse their application towards obliged subjects from a legislative point of view. In particular, rigorous monitoring and appropriate repressive measures of the municipality are the most effective instrument for achieving the indispensable responsibility of individuals and collective bodies for the state of the air in the defined area. If a sanction is imposed in case of non-compliance with legal obligations, one of the methods currently required for general prevention in this area of the municipality may be fulfilled. By its consistent application activity, the municipality can make a very significant contribution to maintaining or improving the air quality in the area of its territorial scope.
{"title":"Legislative Ensure of Transfer of Competencies for Air Protection Carried out by a Municipality","authors":"Jana Ďurkovičová","doi":"10.1515/eual-2017-0001","DOIUrl":"https://doi.org/10.1515/eual-2017-0001","url":null,"abstract":"Abstract The Slovak Republic pays close attention to effective care of the whole environment, important component of which is also the air. This is ensured through designated authorities within the competence of the State. Municipality, as the basic unit of territorial self-government, is the subject, which has competencies in the area of air protection and acts as a state administration body. This paper focuses on an analysis of legislative assurance of legal relationships arising during the application of the transferred competencies of the state administration to municipalities. In particular, it focuses on the position of the municipality in matters of transferred state administration and its focus on air protection, municipal competencies in air protection, administrative offenses in the competence of the municipality and their solution. Using the methods of analysis, deduction and grammatical and logical interpretation, the paper attempts to continuously monitor, analyse and organise the competencies of the municipality in the exercise of the transferred competencies in the area of air protection and to analyse their application towards obliged subjects from a legislative point of view. In particular, rigorous monitoring and appropriate repressive measures of the municipality are the most effective instrument for achieving the indispensable responsibility of individuals and collective bodies for the state of the air in the defined area. If a sanction is imposed in case of non-compliance with legal obligations, one of the methods currently required for general prevention in this area of the municipality may be fulfilled. By its consistent application activity, the municipality can make a very significant contribution to maintaining or improving the air quality in the area of its territorial scope.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125585587","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 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 ad hoc support by the State. The legislative solutions in that regard should, hopefully, bring some positive developments.
{"title":"Crop and Livestock Insurance as Risk Management Instrments in Polish Agriculture Compared to the EU Regulations","authors":"I. Lipińska","doi":"10.1515/eual-2016-0007","DOIUrl":"https://doi.org/10.1515/eual-2016-0007","url":null,"abstract":"Abstract 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 ad hoc support by the State. The legislative solutions in that regard should, hopefully, bring some positive developments.","PeriodicalId":213841,"journal":{"name":"EU agrarian Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132534860","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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