scholarly journals Acquisition of Agricultural Land by Foreigners and Family Agricultural Holdings in Croatia

2021 ◽  
Vol 16 (30) ◽  
pp. 100-122
Author(s):  
Tatjana Josipović
Keyword(s):  
Agricultural Sector ◽  
Agricultural Land ◽  
Labour Force ◽  
Legal Regulation ◽  
Eu Law ◽  
Real Property ◽  
Eu Member States ◽  
Legal Position ◽  
The Republic ◽  
Existing Structure

This paper presents two important aspects of the structural transformation of the agricultural sector of the Republic of Croatia. First, there is an analysis of the legal regulation of the acquisition of agricultural land by foreigners by which Croatia has aligned its rules on the acquisition of real property with EU law. In particular, attention is drawn to the differences in the legal position of foreigners depending on whether they are nationals or legal persons of EU Member States or from third countries, as well as on the grounds on which they acquire agricultural land in Croatia. Second, the author points to the new regulation of family agricultural holdings of 2018 (Family Agricultural Holdings Act) and highlights the importance of the separate regulation of family agricultural holdings for the development of Croatian agriculture, particularly with regard to the existing structure of agricultural holdings and the structure of the farm labour force.

scholarly journals How Far Is It from Warsaw to Luxembourg and Karlsruhe: The Impact of the PSPP Judgment on Poland

2020 ◽  
Vol 21 (5) ◽  
pp. 1104-1115
Author(s):  
Stanisław Biernat
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Case Law ◽  
Eu Law ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
The Impact

AbstractA concern was voiced in commentaries after the PSPP judgment that the BVerfG’s position regarding the refusal to apply in Germany the CJEU judgment as issued on an ultra vires basis might be used in EU Member States infringing the rule of law, and the independence of the judiciary in particular. This issue is presented in relation to Poland. The article sets out the constitutional provisions which proclaim openness to European integration, as well as the union-friendly case-law of the Constitutional Tribunal (CT) until 2016. The CT jurisprudence at that time provided, however, for the possibility of refusing to apply EU law in exceptional situations, even though this never happened. Next, the article discusses endeavors of the new Polish authorities since the end of 2015 which drastically breach the rule of law in the field of the judiciary, as well as the measures taken by EU institutions to counteract these adverse phenomena. The Polish authorities argue that the competence to define the legal position of the judiciary has not been conferred on the Union and remains within the exclusive competence of the Member States. Such a stance was also taken by the politically dependent CT in April 2020. The PSPP judgment was therefore welcomed with joy by Polish politicians. There are major differences, however, between the rulings of the BVerfG and those of the Polish CT in its current composition, and the hopes pinned on the PSPP judgment by the Polish authorities are unfounded.

scholarly journals Evaluation of Member State Provisions Addressing Land Policy and Restitution by the European Commission

2021 ◽  
Vol 2 (2) ◽  
pp. 101-125
Author(s):  
Ágoston Korom
Keyword(s):  
Member State ◽  
European Commission ◽  
Agricultural Land ◽  
Land Policy ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Direct Discrimination ◽  
Quality Of Living

The scope of action of EU Member States’ land policies lies at the intersection of positive and negative integration. Therefore, if a Member State restricts the ownership and use of agricultural land, it implies both the legitimate restriction of fundamental freedoms and that it achieves the targets listed under the Common Agricultural Policy (CAP) on improving the quality of living for farmers in keeping with the case law of the Court of Justice of the European Union (CJEU). Despite this, it is worrisome that the EU’s control over negative integration does not allow Member States to create sustainable regulations. In contrast, the EU law leaves it entirely to the Member States to introduce restitution measures vis-à-vis the properties that were confiscated before their accession. The EU’s control prohibits direct discrimination against the citizens of other Member States. Under certain circumstances, according to the European Commission, the general principles of EU law and the provisions of the Charter can help individuals enforce restitution provisions. Bearing this in mind, we analysed the practice of the European Commission, its statements, and procedures against Member States, given that these are based on professional and/or political considerations. We examine the practice of the Commission and the CJEU vis-à-vis a Hungarian legislation on the so-called ‘zsebszerződések’. We also propose recommendations.

Reforming Land Relations in Ukraine: Experience of Foreign Countries

2020 ◽  
pp. 25-34
Author(s):  
Ivan Mytsenko ◽  
◽  
Tetyana Reshytko ◽  
Keyword(s):  
Agricultural Sector ◽  
Agricultural Land ◽  
State Regulation ◽  
The State ◽  
Secondary Market ◽  
Land Market ◽  
Agricultural Enterprises ◽  
Eu Member States ◽  
Foreign Countries ◽  
Land Relations

Theoretical and practical approaches to the formation of land market in Ukraine are considered in the article. The views of scientists and practitioners on the problem of creating land market are summarized. It has been proven that land market is vital for agriculture and rural residents. It allows using land as collateral for agricultural enterprises. It is a source of income for farmers and allows land to move to a more efficient owner. It is investigated that during the transformations in the agricultural sector of Ukraine, the state monopoly on land was abolished, agricultural enterprises were privatized, new market structures were created, that is preconditions were created for the introduction of market land turnover and formation of the secondary market of agricultural land. Today it is obvious that further regulation of land relations is needed to ensure effective development of newly created economic agricultural formations. The lack of a real market for agricultural land hinders their efficient distribution and restrains long-term investment in land and agriculture in general. The history of reforming land relations of foreign countries is analyzed and systematized. Peculiarities of land markets formation and organization of lease land relations in the countries of the world are shown. It is studied that the state regulation of the agricultural land market of the EU member states is aimed at preserving land, preventing excessive concentration or fragmentation of land, sale of land primarily to farmers who have experience in agricultural production and live in the area. The issue of the land market is especially acute for countries with economies in transition, including Ukraine. Of particular note is the lease of agricultural land, which is the main form of land relations in many countries. The need to apply positive foreign experience in creating a market for agricultural land in Ukraine is indicated.

scholarly journals The primacy and supremacy clauses of European Union Law and their application in the legal order of the Republic of Lithuania

2018 ◽  
Vol 112 ◽  
pp. 303-322
Author(s):  
Pavelas Ravluševičius
Keyword(s):  
European Union ◽  
National Court ◽  
Case Law ◽  
Court Case ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Eu Member States ◽  
The Republic

The primacy and supremacy clauses of European Union law (“EU law”) are to one of the most prevalent issues concerning the relationship between EU law and domestic law of the Republic of Lithuania. It seems that such issues were not definitely settled even when the Treaty of Lisbon amending the Treaty on European Union, which established the European Community. During that period, significant changes were made in EU Member States, regarding the domestic application of the principle of primacy and supremacy of EU law. Lithuanian law has undergone the development in this sphere too.The European Court of Justice (“ECJ”) has developed the meaning of the principle of primacy, which means that European Union law should take precedence over the national law (even over constitutional provisions) and, in case of conflicts between EU law and national law, every national court is obliged to apply the European Union law. The comparative analysis of the Lithuanian Constitutional Court case law shows counter development to the ECJ case law, which may cause the jurisdictional collision of setting aside EU law based on constitutional grounds.The paper includes some relevant examples of application of EU law arising from preliminary ruling procedure under Art. 267 of Treaty on the Functioning of the European Union in the praxis of the Lithuanian Constitutional Court and Lithuanian courts of general and special competences.

scholarly journals Revitalisation of agriculture of the Republic of Serbia as a factor of economic development

2021 ◽  
Vol 3 (2) ◽  
pp. 123-132
Author(s):  
Mihailo Ćurčić ◽  
Stefan Slovak ◽  
Stevan Mitrović
Keyword(s):  
Economic Policy ◽  
Agricultural Sector ◽  
Comparative Method ◽  
National Level ◽  
The European Union ◽  
Policy Makers ◽  
Eu Member States ◽  
Comparative Advantages ◽  
The Republic ◽  
Historical Comparative

Today, in the era of industrial expansion of developing countries, the Republic of Serbia strives to maintain the required level of progress and join the European Union. On this path of transition, it is necessary to use the comparative advantages in relation to the countries of the region, but also the EU member states. Analysing the available data, it can be established that an important comparative advantage of Serbia lies in the agricultural sector. The aim of this paper is to point out the mentioned comparative advantages, primarily by using the historical-comparative method, and to provide a basis for further decision-making to economic policy makers at the regional and national level. The concept of agricultural and economic policy should be based on the complete revival of agriculture, its revitalization, financial consolidation, innovation and affirmation of the intensification of the production framework.

scholarly journals AGRO-BIO-TECHNO PARK AS AN INNOVATIVE FACTOR OF INCREASING COMPETITIVENESS OF AGRICULTURE UNDER GLOBAL CHALLENGES

2018 ◽  
Author(s):  
Ayrat VALIEV ◽  
Andrey DMITRIEV ◽  
Kamil HAFIZOV ◽  
Ilgiz GALIEV ◽  
Farida NEZHMETDINOVA
Keyword(s):  
Agricultural Sector ◽  
Agricultural Land ◽  
Developed Countries ◽  
High Tech ◽  
Production Cycle ◽  
Global Orientation ◽  
Modern Agriculture ◽  
Global Challenges ◽  
The Republic ◽  
Strategic Goal

Today developed countries are not just talking about agriculture or agribusiness, but set a strategic goal in developing high-tech and profitable sector of the Bioeconomy as a serious alternative to traditional industries, economies and markets. Modern agriculture and worldwide growth structural change of consumption of food. This factor is directly linked with the global orientation of rural households in the world at improving the productivity of agricultural land, reduction of losses, and increase in food production. The agricultural sector focuses on the production and processing of agricultural products, storage, transportation and sales of finished products. Thus, the agricultural sector requires professionals with expertise and skills relevant to the entire production cycle. The transition to the Bioeconomy market changed the nature and conditions of agricultural workers. The article provides a rationale for the necessity of establishment of an agro-bio-techno park in the Republic of Tatarstan as an innovative factor of increasing competitiveness of agriculture in Russia under global challenges. It represents results of analysis of global challenges for development of agriculture, domestic and international experience of setting up and work of techno parks in the universities and the model of the Agro-bio-techno park establishment at the Kazan State Agrarian University.

scholarly journals Relevant questions of the European civil procedure

2020 ◽  
pp. 1-10
Author(s):  
Nikolay Svetlozarov Dimitrov
Keyword(s):  
Member State ◽  
National Court ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Primary Role ◽  
Member States ◽  
Eu Member States ◽  
The Subject ◽  
The Republic ◽  
The Eu

The subject of this research the questions associated with admission and consideration of civil and commercial cases by the EU member-states in the Republic of Bulgaria, as well as with recognition and execution of court rulings in the member-state delivered in another EU member-state. The subject of this research is the discrepancies between the national norms applicable to jurisdiction and recognition of court rulings delivered in other member-states, as well as the degree of impact of these discrepancies impeding the functionality of domestic market in the EU. Emphasis is placed on comprehensive examination of case law in Bulgaria with regards to recognition and consideration of civil and commercial cases with an international element. The main conclusion consists in the statement that the norms of international civil procedure play a primary role in the civil procedure. In each particular case, the norms of international civil procedure determine the court that would defend the infringed right, define the formal rules, etc. The author's special contribution lies in recommendation on the improvement of legal regulation and acceptance of equal terms on execution of foreign and national court decisions within the framework of all EU member-states.

scholarly journals APPLICATION OF GEOGRAPHIC INFORMATION SYSTEMS IN MONITORING AGRICULTURAL LAND IN THE REPUBLIC OF UZBEKISTAN

2021 ◽  
pp. 61-63
Author(s):  
Nafisa Abdurazakova
Keyword(s):  
Information Systems ◽  
Geographic Information Systems ◽  
Monitoring System ◽  
Agricultural Production ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Practical Importance ◽  
Geographic Information ◽  
Integrated Monitoring ◽  
The Republic

The presented article analyzes the topical issue of using geographic information systems in monitoring agricultural land in the Republic of Uzbekistan. Research methodology - analysis of scientific literature on a given problem, as well as practical domestic experience. The scientific novelty of the article lies in the demonstration of modern and relevant data on the land monitoring system within the framework of the agricultural industry on a specific example of a country - the Republic of Uzbekistan. As the main conclusions and results of the article, we can highlight the fact that Most of the economy of Uzbekistan is based on the development of the agricultural sector. In the field of agricultural production, high technologies are actively used here, namely, geographic information systems, which allow real-time collection of data on the area and other characteristics of agricultural land. So, systems based on GIS technologies have been used in the field of agricultural production since 2005. They collect and automatically process information on the turnover of agricultural land. As world practice shows, there are broad prospects for expanding the functionality of such systems. Thus, an integrated monitoring system allows you to plan the harvest and predict the amount of necessary fertilizers to be applied to the soil, analyze the effectiveness of agricultural work, etc. The integrated monitoring system is based on a map linking information about the location, area and boundaries of agricultural land. The results of the article are of theoretical and practical importance for modern science and can be recommended as citation in scientific papers. KEY WORDS: information systems, agricultural land, commercial exploitation, monitoring, Republic of Uzbekistan.

scholarly journals LEGAL REGULATION OF TAXATION OF AGRICULTURAL ACTIVITY IN EU MEMBER STATES

2021 ◽  
Vol 13 (3) ◽  
pp. 169-175
Author(s):  
Liudmyla Golovko ◽  
◽  
Оlena Gulac ◽  
Volodymyr Vysotskyi ◽  
Keyword(s):  
Industrial Production ◽  
Agricultural Production ◽  
Agricultural Sector ◽  
Legal Regulation ◽  
Agricultural Activities ◽  
Agricultural Producers ◽  
Member States ◽  
Eu Member States ◽  
Balanced Structure ◽  
Tax Benefits

An analysis of the legal regulation of agricultural taxation in the EU member sates on the example of Poland, Czech Republic and Austria was made. A number of tax benefits for agricultural producers, which are contained in the legislation of the above countries, have been identified: reduction of income tax on farms; real estate tax benefits; discounts on tax on fuel; absence of taxes on property inherited or agricultural land and buildings, the ownership of which is acquired on the basis of a gift agreement; reduction of contributions under a special social insurance scheme. The urgency of the issue of providing tax benefits for agricultural producers in Ukraine, introduction of a special tax regime, which would contribute to the formation of a balanced structure of agro-industrial production was highlighted. It was noted that implementation of the experience of EU member states in the field of taxation of agricultural activities in domestic agricultural sector of the economy is extremely important and requires changes to legislation. Tax burden affects the profits of agricultural producers and is one of the key factors influencing the development of the agricultural sector in the country, the competitiveness of small and medium-sized socially oriented agricultural businesses, and reflects the priorities of agricultural activities. Therefore, the legal regulation of agricultural production is one of the key issues on the agenda. Ukraine needs to reform the system of taxation of agricultural production in order to form a balanced structure of agro-industrial production on the model of European countries.

scholarly journals The presumption of innocence in EU law: One step forward, two steps backwards

Crimen ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 38-52
Author(s):  
Svetlana Nenadić
Keyword(s):  
Case Law ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Presumption Of Innocence ◽  
Eu Law ◽  
Criminal Proceedings ◽  
Eu Member States ◽  
Court Of Justice ◽  
European Court ◽  
The Right

The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive on certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The second part of the paper analyzes the case law of the Court of Justice EU in the application of the Directive with special reference to the presumption of innocence standards of the European Court of Human Rights. The paper points out the minimalistic orientation of the CJEU regarding the presumption of innocence, which in some elements lowers the standards of protection offered by ECtHR. Low standards threaten to produce a domino effect on the criminal courts in EU member states, which could create a risk to the presumption of innocence as a guarantee of the legitimacy of criminal proceedings.

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