The legislator imposes a number of obligations on Member States to combat the illegal harvest of timber resulting from Regulations No. 2173/2005 and 995/2010. Member States should ensure that effective, proportionate and dissuasive sanctions are applied for infringement of the provisions of this Regulation, including by entities, traders and monitoring organizations. The rules of...
Restructuring of agricultural system after regaining independence in 1918 was of the nature of the evolutionary reform that consisted in the process of dividing surpluses over the determined size of the farms into smaller items. The reform was carried out by administrative methods and the provisions governing the reform initiated Polish agrarian law. However, the revolutionary...
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...
Provisions of the Polish Act on Shaping of the Agricultural System pose a number of doubts as to their interpretation. In its resolution adopted on 22 June 2017, the Supreme Court decided that an owner of an agricultural property, to whom the 10-year trading prohibition applies, as referred to in Art. 2b par. 2 of the Act, is allowed to trade it within that period for the benefit...
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...
The principle of freedom of construction is considered as a fundamental rule in the Polish Construction Law. In the search for its prescriptive basis, reference should be made primarily to the provisions of the Basic Law. The Polish Constitution does not include such terms as „freedom of construction” and “right to build-up a plot” arising under it. The lack of literal references...
The purpose of the article is to indicate and assess the impact of the legal regulations specifying the rights and obligations of the owner of agricultural land with trees and forest land included in the farm in the context of the activity conducted on that farm and environmental protection. The issues in question are wide, therefore the article focuses primarily on the...
The division of planning tasks as regards spatial development among the local government units is defined by the act of the 27th of March 2003 on planning and spatial development. Pursuant to article 3 of this act, the scope of the commune’s own tasks shall comprise shaping and conducting spatial policy located within the commune, including the resolution of the study of...
Article 2b of the Act on Formation of the Agricultural System of 11 April 2003 is the source of a wide range of interpretation discrepancies and practical problems. In the commented on resolution, the Supreme Court settled the issue of the sale of agricultural property by the buyer before the end of the period provided for in art. 2b para. 1 of the Act to a close person within...
The study is to discuss procedures for strategic environmental impact assessment with particular emphasis on spatial planning acts. Legal regulation in this area is highly doubtful. They relate primarily to the procedures handshake (giving opinions) environmental impact assessment and public participation procedure.
The article discusses the evolution of the legal status regulating management of agricultural property owned by the State Treasury. It presents this evolution as the consequence of multiple, often provisional actions of the legislator conditioned by changing political objectives, which results in an incoherent model of Agricultural Property Stock of the State Treasury aiming to...
Air is a vital component of the environment and its nature determines the priority of protection, but air pollution is still the most serious environmental threat to human life and health. The aim of the article is to determine whether the air protection law takes account of the importance of the agricultural sector (its impact on air quality), and to what extent the legal...
On 55h July 2017 the Minister of Justice on the basis of Article 830 of the Civil Procedure Code has issued a new regulation on stipulating objects own by the farmer conducting a farm, which are excluded from judicial execution, simultaneously reversing the previous regulation from 16th May 1996. The new regulation has been adjusted to the actual economic reality and in a better...
Initially, the milk and milk products market was a subject to administrative and legal instruments, with the milk quota system playing a key role. The aim was to reduce the imbalance between the supply and demand and resulting structural surpluses in this sector and thereby to achieve a better market balance. The reconstruction of the normative system of organization of the milk...
The institution of agricultural exemption is the most significant economic importance from all limitations to the exclusive right to the plant varieties. The agricultural exemption shall mean the derogation from the assumed protection model of plant variety rights, the objective of which is to defend the interests of farmers. Protecting the interests of farmers within the...
The paper constitutes an analysis from the point of view of the opportunity of legal system for agricultural entrepreneurship. The term “agricultural entrepreneurship” should be interpreted narrowly than “agribusiness”, which is understand as an industry engaged in the producing operations of a farm, the manufacture and distribution of farm equipment and supplies, and the...
The article to present payment for ecological agriculture in Poland. The Polish entry to the EU, there has been development of ecological agriculture. The purpose of article is to show changes in developmnet of ecological agriculture.
The Polish legislator introduced a series of mechanisms limiting the possibility of turnover of agricultural real estate. The amendment to the Act on the Formation of Agricultural System, binding since 30 April 2016, has introduced several limitations in the acquisition of agricultural real estate. The rule has been adopted that only an individual farmer may be the acquirer of...
The legal structure of agricultural property has been the subject of discussion in the doctrine of agricultural law and the matter of numerous court decisions. This issue, however, still raises a lot of controversies. The problem occurs in the Civil Code regulation itself (art. 461 of the Civil Code), in which the concepts of agricultural real estate and agricultural land were...
The paper constitutes an analysis from the point of view of the opportunity of legal system for agricultural entrepreneurship. The term “agricultural entrepreneurship” should be interpreted narrowly than “agribusiness”, which is understand as an industry engaged in the producing operations of a farm, the manufacture and distribution of farm equipment and supplies, and the...
The purpose of the article is to indicate and assess the impact of the legal regulations specifying the rights and obligations of the owner of agricultural land with trees and forest land included in the farm in the context of the activity conducted on that farm and environmental protection. The issues in question are wide, therefore the article focuses primarily on the...
Restructuring of agricultural system after regaining independence in 1918 was of the nature of the evolutionary reform that consisted in the process of dividing surpluses over the determined size of the farms into smaller items. The reform was carried out by administrative methods and the provisions governing the reform initiated Polish agrarian law. However, the revolutionary...
The legal structure of agricultural property has been the subject of discussion in the doctrine of agricultural law and the matter of numerous court decisions. This issue, however, still raises a lot of controversies. The problem occurs in the Civil Code regulation itself (art. 461 of the Civil Code), in which the concepts of agricultural real estate and agricultural land were...
The division of planning tasks as regards spatial development among the local government units is defined by the act of the 27th of March 2003 on planning and spatial development. Pursuant to article 3 of this act, the scope of the commune’s own tasks shall comprise shaping and conducting spatial policy located within the commune, including the resolution of the study of...