rss_2.0EU agrarian Law FeedSciendo RSS Feed for EU agrarian Law agrarian Law Feed Legislation on the Lease of Agricultural Land by the Municipality<abstract> <title style='display:none'>Abstract</title> <p>On May 1, 2021, Act No. 151/2021 Coll., amending Act No. 504/2003 Coll. on the lease of agricultural land, agricultural business and forest land and on the amendment of certain laws as amended by later regulations, which amend Act of the Slovak National Council No. 330/1991 Coll. on land adjustments, arrangement of land ownership, land offices, land fund and on land communities as amended (hereinafter referred to as “Amendment No. 151/2021 Coll.”) entered into force. Amendment No. 151/2021 Coll. fundamentally changes the rules and obligations of the municipality as the owner of agricultural land when leasing agricultural land to other persons. The paper clearly explains the most important institutes related to the lease of agricultural land by the municipality and points out the new legal regime of the lease of municipal agricultural land effective from 1 May 2021.</p> </abstract>ARTICLEtrue Benefits, Challenges and Legal Regulation of Precision Farming in the European Union<abstract> <title style='display:none'>Abstract</title> <p>Precision farming, or precision agriculture, represents a paradigm shift in modern agriculture, integrating advanced technologies and data-driven techniques to optimize crop production processes. This paper provides an overview of precision farming, discussing its historical evolution, key technologies, benefits, challenges, and potential regulatory questions. The adoption of precision farming practices holds promise for enhancing resource efficiency, increasing crop yields, and promoting environmental sustainability. Additionally, this paper delves into the economic, environmental, and social implications of precision farming, highlighting its potential to shape the future of agriculture.</p> </abstract>ARTICLEtrue Crises – Selected Legal Aspects of Drought<abstract> <title style='display:none'>Abstract</title> <p>The specific nature of agriculture, and in particular its natural conditions, imply the occurrence of specific risks leading increasingly to crisis situations. These result in agricultural producers being unable to cope on their own with worsening production and consequently living conditions, and in extreme cases abandoning agricultural activity. A recurrent negative phenomenon in recent years that causes many losses is drought. Its occurrence is a certain challenge for the legislator, who, by eans of specific legal norms, at least to a limited extent, can shape the existence of agricultural producers and protect them from abandoning agricultural activity. The aim of this article is to assess the legal norms adopted at EU and national level which affect agricultural producers in the context of the occurrence of drought. Furthermore, it aims to answer the question of whether and to what extent the legislator protects their livelihoods. The approach of the national and EU legislator with regard to the forms of support provided should be assessed positively. The national legislator, on the basis of the dispositions contained in the EU law, supports agricultural producers in the face of the occurrence of crisis situations, however, it should take into account the necessity of adopting additional, special solutions in this respect strengthening the livelihood of producers.</p> </abstract>ARTICLEtrue Legislation – Current and Future in the Legal System of the Slovak Republic<abstract> <title style='display:none'>Abstract</title> <p>The importance of addressing the effective functioning of competence execution in the construction sector primarily lies in its impact on the efficiency and quality of these competences. Currently, in Slovakia (SR), municipalities exercise the competences of spatial planning and building regulations within their transferred competence from the state. Through the government’s program statement for the years 2020–2024, the SR government committed to abolish municipal building authorities. With the new legislation that becomes effective on April 1, 2024, there will be a reverse transfer of construction competence from municipalities to state administration, to the newly created Office for Spatial Planning and Construction of the Slovak Republic and regional building authorities.The authors take a critical approach to the original construction legislation (de lege lata) as well as to the newly adopted laws on construction and spatial planning in terms of substantive and procedural provisions, noting the exclusion of the application of Administrative Code in spatial and building proceedings. Through our research on this issue, we suggest de lege ferenda two alternatives regarding the exercise of construction competences at the municipal and state levels and the preservation of dual jurisdiction in building proceedings according to the current administrative procedure.</p> </abstract>ARTICLEtrue Development of Drone Techology and its Regulation in the European Union<abstract> <title style='display:none'>Abstract</title> <p>Unmanned Aerial Vehicles (UAVs), or drones, have rapidly transformed from niche gadgets to versatile tools with widespread applications across various sectors. This paper investigates the regulatory landscape of drones within the European Union (EU) and its intricate balance between fostering technological innovation and addressing safety, privacy, security, and environmental concerns. Drones’ exponential growth in Europe’s airspace has prompted the EU to establish a legal framework that addresses their multifaceted implications. While drones offer unprecedented opportunities in areas like disaster response and remote sensing, they also pose challenges such as airspace congestion, potential privacy breaches, and ecological disturbances. This paper examines the evolving legal frameworks, policy developments, and technological advancements that characterize drone regulation in the EU. The study delves into key considerations including air traffic management, data protection, privacy preservation, environmental sustainability, and international collaboration. By analysing EU regulations, such as the European Aviation Safety Agency (EASA) standards, the General Data Protection Regulation (GDPR), and European initiatives on unmanned aircraft systems, this paper uncovers the complex interplay of legal, technical, and ethical dimensions.</p> </abstract>ARTICLEtrue Services in Construction Sector and Waste Management in SR<abstract><title style='display:none'>Abstract</title><p>The issue of public interest is regulated by the legislation of the Slovak Republic, which addresses services provided in the public interest in specific fields. One of these areas is also the provision of services in the construction sector, while these competencies were transferred by the Act no. 416/2001 Coll. from the state administration to self-government - municipalities and each municipality became a building authority. The problem, however, is that mostly small building offices have existential problems with the performance of this delegated competence, as the basis of their existence - financial resources for this competence- are insufficient. The way out of this unfavourable situation in this case could be the adoption of new legislation consisting of legally defined seats of joint building offices. When investigating the construction competencies of municipalities, we also encounter a solution for waste management (since it is also one of the competencies transferred to municipalities, but only partially). Municipalities are burdened by insufficient legislative specification of sorting biodegradable municipal waste from mixed municipal waste and subsequently an alternative in practice - waste sorting by citizens themselves. The population is dissatisfied with the amount of the fee for the collection and removal of municipal and small construction waste. In order to avoid paying fees for the storage of small construction waste, municipal residents export it to black dumps, which is in conflict with the EU and Slovak legislation in the field of waste management, whereas this type of waste can be the basic material for new, especially construction, materials.</p></abstract>ARTICLEtrue of Justice in Restorative Justice Paradigm in the Criminal System for Sexual Violence in Indonesia<abstract><title style='display:none'>Abstract</title><p>The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase number of sexual violence cases in the world, including Indonesia, shows that the current justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. Practically, marriage used as a way to approach justice restoration. This article used normative and juridical approach to discuss law enforcement on sexual crimes through restorative justice approach. It can be concluded that law enforcement on sexual crimes should observe based on criminology, victimology and ontology aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement among the victim, perpetrator, family and society without coercion from various parties. The main focus in restorative justice of sexual crimes is to provide protection and assistance to victims from various parties, thus, the victims can be released from trauma or psychological impact that caused by sexual violence experienced by the victim or the impact received after the occurrence of sexual crime.</p></abstract>ARTICLEtrue Barriers in the Business of Biofertilizers and Biopesticides in Ukraine<abstract><title style='display:none'>Abstract</title><p>‘Biologicals’ (biofertilizers and biopesticides) are microbial products that increase agricultural productivity, while also contributing to soil health. These microbial products are relatively safe for human consumption. However, the legal registration of microbial products and the operation of businesses in this sector face barriers that affect the expansion and widespread use of these green products. A study of these barriers was conducted by researchers at the Université de Montréal, with the financial support of Mitacs and Earth Alive Clean Technologies, using participa-tory methods of semi-structured interviews, structured interviews and informal discussions with the manufacturers, suppliers and traders of biologicals, as well as the government officers dealing with biologicals in Ukraine. This article analyses the data collected from the participants concerning obstacles to the registration, licensing, and proliferation of microbial products.</p></abstract>ARTICLEtrue of Municipal Social Entrepreneurship in the Conditions of the Banská Bystrica Self-Governing Region<abstract><title style='display:none'>Abstract</title><p>Social entrepreneurship is important tool in eliminating regional disparities, inclusion of socially excluded people into society, overall improvement of the quality of life and much more. This paper aims to analyse the development of municipal social entrepreneurship in the conditions of the Banská Bystrica self-governing region, where some of the less developed districts are located. The main sources of research were questionnaire realized among local government representatives, plan of the economic and social development of the district and statistical data. In the article, there were many indicators examined, such as quantity of the municipal social enterprises, its activities, support or barriers of its development. The results points to fact that only 7% of the participants of research own municipal social enterprise. The most common barrier to establish and manage these enterprises is inadequate knowledge of the relevant legislation.</p></abstract>ARTICLEtrue of Third Sector Entities in the State and Society<abstract><title style='display:none'>Abstract</title><p>The basic definition of the third sector comes from the sectoral division of the Slovak economy. The sectoral breakdown of the economy operates with concepts such as the public sector, the private sector, and the third sector<sup>(1)</sup>. Civil society represents the third sector of society that exists alongside the state and the market. The third sector is a commonly used term for all non-governmental organizations in the Slovak Republic. Their legal form may vary. This sector is characterized by the existence of organizations that have a formal structure, non-state character, do not aim to make a profit, are independent, operate on a self-governing basis and are voluntary. The existence of non-governmental organizations and their participation in the life of society characterizes every civil society. One type of such organizations are non-profit organizations, the scope of which is regulated by the Act no. 213/1997 Coll. on Non-profit Organizations Providing Services of General Interest, as amended. They represent non-governmental non-profit organizations operating in civil society. The register of these legal entities operating in the territory of the Slovak Republic is provided by the Ministry of the Interior of the Slovak Republic. The aim of this paper is to point out the importance of the existence and scope of non-profit organizations in civil society, to analyze the legal forms of their functioning, through analysis of current legislation, available literary sources with emphasis on analysis of development and employment in non-profit organizations providing public services in the territory of the Slovak Republic in the defined period from 2016 to 2018. According to the latest available data as of 31 December 2018<sup>(2)</sup>, there were 66 926 non-profit organizations registered and operating in the Slovak Republic, employing an average of 39 706 employees, while there were 3 272 of non-profit organizations providing services of general interest. The system of remuneration of employees of non-profit organizations is regulated by legislation in two ways. If the non-profit organization is not established by law, municipality, higher territorial unit or state, then it is possible to apply Act no. 311/2001 Coll. Labor Code as amended. Otherwise, if the nonprofit organization is established by law, wich means that the employee performs work in accordance with the law in the public interest, the procedure for his remuneration is in accordance with the Act no. 553/2003 Coll. on Remuneration of Certain Employees in the Performance of Work in the Public Interest and on Amendments to Certain Acts, as amended.</p></abstract>ARTICLEtrue of the Book “The Pursuit of Sustainable Agriculture in EU Free Trade Agreements” by Luchino Ferraris Implications of the Norms Conflict in the Governance Regulation of the Water Resources<abstract><title style='display:none'>Abstract</title><p>Arrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is not known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design of the theory of management of chaotic water resources is in line with the existence of Law No. 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law No. 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic part of this research is using an investigation strategy. The results showed that the article in Law No. 17 of 2019 proves that the production branches that are important for the State that control the public interest can not be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets cannot be used so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.</p></abstract>ARTICLEtrue Environmental Racism Truly Racist?<abstract><title style='display:none'>Abstract</title><p>The paper aims to critically analyse the theory of environmental racism as a part of the concept of environmental justice in order to point out possible overuse of the term racism. Through theoretical analysis, the author tries to prove that labelling any negative impacts of the environmental burden on racial or ethnic minorities with racism is an unnecessary overwork which moreover might be, according to available data, inconsistent with reality.</p></abstract>ARTICLEtrue Instruments to Support Local Food Systems in Italian Law<abstract><title style='display:none'>Abstract</title><p>The purpose of the discussion is an attempt to determine in what forms, which meet the criteria of local food systems (LFS), it is possible under Italian law to sell agri-food products by the farmer who is their producer. These forms imply a direct sale, or with the participation of at most one intermediary, to the final consumer, in close geographical distance between the place of production and sale. The analysis showed that Italian legislator, national and regional, provides for many instruments that are crucial in creating LFS, such as direct sales of agri-food products, farmers’ markets reserved only for the local farmers; the sale of meals consisting of the farmer’s products at the agritourism; wine routes; regional designation “products from zero kilometres”, emphasizing the geographical proximity between the place of manufacture and the place of sale; as well as a support for the social initiatives such as Solidarity Purchasing Groups.</p></abstract>ARTICLEtrue Chain – Challenges and Perspectives<abstract><title style='display:none'>Abstract</title><p>Agri–food sector is one of the biggest and most supported economic sectors in the EU. It is a key sector for sustainable economic development and food safety and security. The EU Common Agricultural Policy (hereinafter CAP) is its backbone – it helps farmers with income support and market measures on the one hand and, on the other hand, it ensures sustainable rural development in individual EU countries. Despite of the huge support agricultural sectors in Member States are facing serious problems – in Slovakia it is especially the low level of domestic agricultural production, low quality of food products, high unemployment rate especially among young people, ageing of population and abandonment of rural areas. Looking for solutions for these problems mentioned there is a great challenge for relevant public authorities and for the academic sector, as well. Based on these facts the initiative to submit a project proposal has arisen within the Jean Monnet Centre of Excellence – which would respond on challenges in this field. The project (Centre of Excellence for European Agri-Food Chain – CEEAG 611446-EPP-1-2019-1-SK-EPPJMO-CoE) has been granted and its main focus will start from important and irreplaceable role of agriculture and food industry in national economies of (not only) Member States via ensuring their food security under conditions given by the EU Common Agricultural Policy (CAP) – one of the most supported policies in the EU.</p></abstract>ARTICLEtrue Cooperation of Municipalities for Performance of Transferred Competencies in the Building Sector<abstract><title style='display:none'>Abstract</title><p>The reform of the self–governments in Slovakia caused the transfer of competencies from state authorities to municipalities. Every municipality is in accordance with Act no. 369/1990 Coll. on the Municipal Establishment obliged to ensure original and transferred competences for its inhabitants. However, for objective reasons, not all municipalities are able to perform them. Municipalities began to use the possibility of mutual contractual cooperation in accordance with the amendment to the Act on Municipal Establishment, under which municipalities can cooperate with each other for the purpose of carrying out a specific task or activity. Such cooperation between municipalities also exists for the purpose of exercising competence in the field of the building order. Pursuant to Act no. 50/1976 Coll. as amended, each municipality is a building authority. The aim of the paper is to qualitatively assess the reasons for contractual cooperation between the municipalities of the Nitra (NR) and Košice (KE) regions in the area of the building order (by using the method of structured interview). So far, 2 649 municipalities, which are a part of 189 joint building offices (JBO), have used the possibility of mutual contractual cooperation in the SR. Specifically, in the NR region there are 343 municipalities, which are part of 26 JBOs and in the KE region 391 municipalities, which are part of 28 JBOs. The qualitative method was used to find out the opinions of the building offices. Based on the obtained results, an optimal solution for problems of cooperation of municipalities was proposed by adopting new legislation, namely by the allocation of building offices to the seats of registry offices.</p></abstract>ARTICLEtrue Note on the Current State of Legislative Plant Pest Protection in EU Law<abstract><title style='display:none'>Abstract</title><p>The current developments in the European legislative protection against the introduction of plant pests is problematic in terms of its quality and in relation of the EU law to the law of EU Member States. The quality of this legislation is significant by non-uniform wording used in Directive 2019/523 and in Council Directive 2000/29/EC, especially in geographical indications, names of taxonomic units of organisms and listing of requirements, conditions, states, plants, plant products and organisms. Another problematic phenomenon of the uncertainty of the EU Member states caused by very slow European law-making process regarding to adoption of implementing regulations, which needed to enter into force on December 14th 2019 based on Regulation 2016/2031 repealing the present legislation in plant pest protection covered by seven older directives. Despite of this fact, the EU amended simultaneously this older legislation only a very short time before the date of repealing.</p></abstract>ARTICLEtrue of Common Agricultural Policy Implementation in Slovakia – European Project Implemeted by the Association of Agrarian and Environmental Lawyers<abstract><title style='display:none'>Abstract</title><p>The Common Agricultural Policy (CAP) is the oldest EU policy and is one of the supranational areas and policies of the European Union (EU). CAP introduced diverse legal and economic tools for comprehensive and smart restructuralisation of the Slovak agriculture and rural areas. With the purpose to improve the CAP implementation in Slovakia, the project “Effectiveness of Common Agricultural Policy implementation in Slovakia” (CAPE) was prepared and submitted by the Association of Agrarian and Environmental Lawyers. The project was approved by the Education, Audiovisual and Culture Executive Agency and it has been granted from September 2019 (Decision Nr. 2019–1802/001.001, Project Nr. 611792–EPP–1–2019–1–SK–EPPJMO–SUPPA). The idea to submit project proposal aroused from the need to contribute to improving the Common Agricultural Policy implementation in Slovakia. The main aim of the project is to perform the interdisciplinary research in the field of the effectiveness of CAP implementation in Slovakia with the specific objectives to discuss and advise local, regional, national policymakers and decision–makers on different aspects of the CAP implementation, transfer the research results and the expertise to the practice and to disseminate the project outcomes among interested target groups and civil society.</p></abstract>ARTICLEtrue Role of Local Contracting Authorities in Green Purchasing of Paper Products<abstract><title style='display:none'>Abstract</title><p>Green Public Procurement is currently a voluntary instrument to promote Sustainable Consumption and Production and Sustainable Industrial Policy. Surveys in this field help to understand how individual States, Public Authorities and Organizations, are approaching this voluntary instrument and thus how far they support Eco-Innovations and Sustainable Economy. Our survey focuses on mapping of units of local self-governments in the Slovak Republic that carried out Green Public Procurement in the category of paper products through the Electronic Contracting System (ECS) in 2017. We consider local self-government units to be major consumers of paper products, especially because of their extensive administration, what makes them a target group to promote the use of Green Public Procurement in a given category in practice. The total number of contracts awarded through the ECS in 2017 was 471. As the results show, the share of Green Public Procurements in the total number of Public Procurements in the Slovak Republic in 2017 was not satisfactory. In order to improve the situation, it is necessary to further deepen the targeted dissemination of examples of good practice in Green Public Procurement.</p></abstract>ARTICLEtrue of the Legal Regulation of the Cooperative in Slovakia<abstract><title style='display:none'>Abstract</title><p>The paper analyzes the development of the legislation of cooperative law since the late 1940s. It points out the positives, but also the negatives in the development of agricultural cooperative in Slovakia. The number of cooperatives, as well as the area of their farmed land decreased significantly after 1989 and the number of legal entities operating on the land has expanded. In spite of this, however, according to the collected data, it can be stated that in 2018, cooperatives managed 34,25% of agricultural land in Slovakia. Based on the available statistical data on the development of the structure of agricultural cooperatives and on the basis of legal analysis of the legislation, the authors wish to emphasize the merits of the cooperative form of business as well as the advantages of the cooperatives as a separate form of business under current market conditions. The cooperative, as a separated form of business, is still advantageous for all areas of business including the agricultural business. The advantage of a cooperative form of business is highlighted by its flexibility, relative simple and more liberal than other legal form of business.</p></abstract>ARTICLEtrue