scholarly journals Sprachliche Herausforderungen an die Rechtsvergleichung im Agrarrecht

2021 ◽  
pp. 331-348
Author(s):  
José Martínez

Agricultural law combines two opposing directions of development of law in general. One is connected with the local or regional element and indeed, like no other discipline, is linked to a specific region, culture, tradition and linguistic specificity, being a consequence of the specific nature of agricultural law. On the other hand, at the level of the European Union it is characterised by the greatest degree of integration. The Common Agricultural Policy has made agricultural law locally and regionally rooted but, at the same time, it has created a specific technical language of European agricultural law. Therefore, conducting a comparative legal research into the field of agricultural law faces a particular challenge as it requires combining both local and regional linguistic specificities with the European technical language of agricultural law. This relativism of the technical language of agricultural law does not, however, stand in the way of legal comparativism. However, apart from the linguistic knowledge, it requires the researcher to possess thorough cultural, social and economic knowledge of another country. Professor Budzinowski, unlike many other scholars, embodies these skills in his comparative legal research.

Author(s):  
Maryla Bieniek-Majka ◽  
Marta Guth

The aim of this study is to determine changes in the structure of horticultural farms in EU countries in the years 2007-2017 and their incomes and determine the share of subsidies of the Common Agricultural Policy in the income of horticultural farms in studied groups. Horticultural farms from the European Union Farm Accountancy Data Network (EUFADN) of all EU countries were surveyed. A dynamic analysis of the structure of farm numbers in particular groups of economic size (ES6) was carried out, and then the average change in income and the share of subsidies in income within these groups in 2007 and 2017 were presented. As a result of the conducted research, changes in the number of horticultural farms in various groups of economic size were taken into account and the assumptions concerning the decreasing scale of fragmentation of horticultural farms were confirmed by a decrease in the number of the economically weakest groups and an increase in the number of medium and large farms. It was noted that, in the studied groups, the strongest income growths concerned farms with medium or high economic strength, which may mean that income had a significant impact on the process. Moreover, it results from the conducted research that existing institutional solutions additionally supported the tendency to reduce the scale of fragmentation of horticultural farms in the EU-12 due to the fact that the shares of subsidies were higher in groups with higher economic strength.


2012 ◽  
Vol 49 (No. 2) ◽  
pp. 62-66
Author(s):  
D. Ahner

The paper deals with the particular stages of development of the EU Common Agricultural Policy (CAP) in the last forty years. The process and impacts of CAP reforms are analyzed for the particular production industries of agriculture. The paper also presents a detailed description of Agenda 2000 and mid-term review of the Common Agricultural Policy in 2002 that brought about many proposals for the future working of CAP after accession of Central and Eastern European countries.


Agriculture ◽  
2020 ◽  
Vol 10 (2) ◽  
pp. 34 ◽  
Author(s):  
Marta Guth ◽  
Katarzyna Smędzik-Ambroży ◽  
Bazyli Czyżewski ◽  
Sebastian Stępień

The aim of this paper is to determine the influence of the Common Agricultural Policy’s (CAP) subsidies on the level of economic sustainability of farms by means of three-fold study. To determine the economic sustainability of farms the authors applied the income gap ratio. Next, the level of income differentiation between farms of various economic classes was established. The last part consisted of the recognition of statistically significant CAP schemes that shape agricultural income in farms of different size and in assessing how the respective subsidies should increase or decrease to fill the recognized gap, based on the coefficients of panel regression. The spatial scope covered all EU countries in 2005–2015. Results show that due to the CAP’s support the average income of farms has approached the average non-agricultural income, but distribution of this support favored the largest farms, increasing disparities within the sector.


2018 ◽  
Vol 72 ◽  
pp. 295-308
Author(s):  
Wiktoria Osdoba

Pending the entry into force of the Common Agricultural Organization of Agricultural Markets in 2007, there were twenty one coexisting industry market organizations as defined in the relevant basic EU regulations. Merging in one legal act the provisions of several dozen other EU regulations and looking at the single European market in a holistic and not sectoral way, illustrates the current way of running the Common Agricultural Policy, which seeks to comprehensively address the problems of the European agricultural market. From 1st September 2017, there has been a National Support Center for Agriculture, which took over the tasks of two liquidated agencies: the Agricultural Property Agency and the Agricultural Market Agency. Adaptation of the Polish legislation within the framework of agricultural policy will have to take into account the changes taking place in the Common Agricultural Policy in the future. From 1st October 2017, the sugar-producing quota system which existed for the last 50 years, setting the limits for individual Member States of the European Union, was terminated. This was the last system of agricultural quotas within the European Union. Following the harmonization of the Polish legislation with European standards, we are aware of the fact that the EU law is constantly facing changes.


Author(s):  
Mads Dagnis Jensen ◽  
Peter Nedergaard

This chapter examines Denmark’s different positions on European Union policies which vary in terms of the degree to which sovereignty has been transferred to the EU. Specifically, it traces trade policy (very high transfer), agricultural policy (high transfer), internal market (moderate transfer), and opt-outs (low transfer) diachronically to illuminate the extent to which positions have changed over time and the underlying factors behind these changes. While the level of politicization varies between the policy areas, and party political differences play a role, the general picture that emerges is interest based. According to this approach, Denmark is positive towards giving up sovereignty regarding policies it benefits from economically, while it is more reluctant towards policies involving the transfer of sovereignty and money that are not offset by net economic benefits. In this chapter, this is demonstrated through an analysis stretching back to the decades before Danish membership to the European Union. Denmark also seems to change policy positions when the economic benefits for the country changes, as seen in the case of the Common Agricultural Policy.


1996 ◽  
Vol 6 ◽  
pp. 95-98
Author(s):  
L.R. Mytton

An analysis is made of the main factors influencing nitrogen use in the European Union (EU). The Common Agricultural Policy (CAP) is identified as a major factor. A brief explanation is given of its functions and of recent reforms which are aimed at reducing overproduction. These reforms should favour more efficient use of nitrogen. The reasons why this is difficult to achieve are explained and the major factors influencing our ability to balance the nitrogen economies of food production are identified. The interrelationship between these factors is then used to predict the impact of CAP reforms on research, on fertiliser use and on the wider use of legumes. Keywords: Common Agricultural Policy, Europe, farm subsidies, legumes, nitrogen cycle, nitrogen fertiliser, nitrogen fixation, over-production, pollution, soil organic matter


2019 ◽  
Vol 57 (2) ◽  
pp. 233-255
Author(s):  
Ivana Stojanović

AbstractApplication of The Common Agricultural Policy (CAP) of the European Union implies the existence of a single market (without customs duties on mutual trade), the community’s priority in meeting the needs for agricultural products (protection against imports) and the existence of financial solidarity (joint financing). Joining the European Union for new member states implies the termination of the implementation of the existing national agricultural policy and the the beginning of the implementation of the CAP. Although membership in the European Union implies many advantages, the period after joining this community can be quite economically unstable for some countries. One of the most significant problems is an increase in agricultural product prices and a rise in the general price level (inflation). The above can be confirmed by a simple empirical analysis of the economic indicators of the countries that joined the EU together in the period from 2004 until 2007.


Author(s):  
Vincenzo Giaccio ◽  
Luigi Mastronardi ◽  
Davide Marino ◽  
Agostino Giannelli ◽  
Alfonso Scardera

This paper investigates how and to what extent European and national policies, through the analysis of financial support derived from the Common Agricultural Policy (CAP) (First and Second Pillar) and national and local subsidies, have financed Italian agritourism. For this purpose, the authors have proposed a comparative analysis between Italian agritourism and farms without tourism activities, by stressing the distribution of public financial supports concerning the 2007-2013 programming period of the European Union (EU) for Rural Development. The empirical analysis is based on the Italian Farm Accountancy Data Network (FADN) dataset. The data were stratified by altimetry zone and farm size. Descriptive statistics and the Analysis of Variance (ANOVA) for each group were used. The main results show how the Second Pillar has mainly supported small and medium-sized farms with tourism activities and located in disadvantaged areas. This study could be useful to policymakers regarding evaluation of the mission for diversification in agriculture, represented here by the carrying out of tourist activities on farms and the contribution for the retention of small-scale farms in marginal areas.


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