rss_2.0Sciendo RSS Feed for EU agrarian Lawhttps://sciendo.com/journal/EUALhttps://www.sciendo.comhttps://sciendo-parsed.s3.eu-central-1.amazonaws.com/6471c6c2215d2f6c89db093e/cover-image.jpghttps://sciendo.com/journal/EUAL140216https://sciendo.com/article/10.2478/eual-2024-0007<abstract> <title style='display:none'>Abstract</title> <p>This paper examines the regulation of precision farming in the countries of the European Union (EU), focusing on technological innovations, environmental impacts, and case studies from various member states. Precision farming, which utilizes advanced technologies to optimize agricultural practices, presents significant opportunities for enhancing productivity and sustainability. However, the integration of these technologies raises regulatory challenges that must be addressed to ensure safe and effective implementation. By analysing the regulatory frameworks and practices in different EU countries, this paper aims to identify best practices and propose recommendations for harmonizing regulations across the EU in order to support the growth of precision agriculture.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00072024-12-24T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0010<abstract> <title style='display:none'>Abstract</title> <p>The aim of the article is, firstly, to present and evaluate the legal model of financing agricultural activities in Poland following Poland’s accession to the EU in the face of current challenges, and secondly, to attempt to determine the tasks that the Agency for the Restructuring and Modernisation of Agriculture performs in financing agricultural activities from EU funds. The article presents the System of Direct Payments as a basic element of Pillar I of the Common Agricultural Policy, Pillar II of the Common Agricultural Policy, Extraordinary Financial Support, the Agency for the Restructuring and Modernisation of Agriculture in Poland as an accredited entity implementing instruments co-financed from the European Union budget, de mininis aid, notified and ratified programmes. In conclusion, the author states that the current financial support through differentiated programmes under CAP 2023–2027 is aimed at meeting the current challenges. However, it is necessary to increase financial assistance to agricultural producers. The basic institution for financing agricultural activities in Poland is the Agency for the Restructuring and Modernisation of Agriculture, established as early as 1994 to support the development of agriculture and rural areas. Poland’s membership in the EU has significantly expanded the tasks of the ARMA. The ARMA uses new technologies, such as implementing the Area Monitoring System defined in Article 66(1) of Regulation (EU) 2021/2116 of the European Parliament and the Council.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00102024-12-24T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0006<abstract> <title style='display:none'>Abstract</title> <p>In recent years, floating photovoltaics (FPV) has emerged as a highly promising solution for integrating renewable energy production into the global energy landscape. This innovative technology involves the installation of solar panels on floating platforms, offering a number of advantages over traditional land-based photovoltaic systems. First and foremost FPV enables the use of existing water surfaces, such as artificial reservoirs, lakes, and basins, thereby overcoming limitations related to the availability of agricultural or urban land. This feature is particularly pertinent in geographic contexts characterised by high population density and limited land availability, as is the case in many regions of Italy. Furthermore, floating photovoltaics offer a number of additional environmental benefits. The shading effect of the solar panels on the water surface significantly reduces evaporation, thereby preserving a valuable resource like freshwater, which is particularly important in areas prone to drought. Additionally, the natural cooling effect of the water enhances the efficiency of the photovoltaic panels, increasing the production of electricity.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00062024-12-24T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0009<abstract> <title style='display:none'>Abstract</title> <p>The subject of the article is issues related to the efficiency of agricultural administration as a basis for protecting the confidence of agricultural producers in public authority. Agricultural activity is increasingly determined by the norms of administrative law. Specific in this case, the administration is entitled to build a certain institutional environment that allows it to appoint the bodies necessary for the implementation of the instruments that affect it, and thus to determine the activity of agricultural producers in the desired direction. The purpose of the article was to answer the question of what factor affects the level of confidence in public authority in agricultural producers in the course of their agricultural activities. The article concludes that the actual level of confidence in public authority depends on many factors, including, in particular, individual and collective confidence in the effective operation of the administrative apparatus.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00092024-12-24T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0008<abstract> <title style='display:none'>Abstract</title> <p>Montenegro, a Mediterranean gem, boasts abundant natural and cultural treasures, forming the bedrock of its thriving tourism industry. Among its various tourism branches – cultural, nautical, health, and MICE – gastronomy stands out as a potent driver. The indigenous gastronomic landscape not only entices foreign tourists but also fuels increased consumption. This paper endeavours to elucidate the justification and potential of Montenegro’s gastronomic tourism by spotlighting its national gastronomy. Gastronomy, intricately linked with destination identity, plays a pivotal role in shaping the destination’s image. Drawing inspiration from the Republic of Slovenia’s successful declaration as a European gastronomic region in 2021, this paper advocates for a similar trajectory for Montenegro to enhance its tourism brand recognition.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00082024-12-24T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0002<abstract> <title style='display:none'>Abstract</title> <p>Dispersed hotels, characterized by their decentralized accommodation facilities integrated into existing structures of historical or cultural significance, have emerged as a sustainable alternative to traditional centralized hotels. This study explores the role of cooperative societies as a legislative and organizational framework for establishing and managing dispersed hotels. Utilizing a mixed-methods approach, the research analyzes case studies from Europe where cooperative models have successfully facilitated the integration of dispersed hotels into local communities, ensuring economic and cultural sustainability in Slovenia. The findings indicate that cooperative societies enable effective resource sharing, community engagement, and equitable distribution of economic benefits, which are essential for the long-term sustainability of dispersed hotels. Legislative support in the form of favorable policies and financial incentives has been identified as critical in fostering these cooperative initiatives. The study suggests that cooperative societies not only enhance the operational sustainability of dispersed hotels but also contribute to the conservation of cultural heritage and the stimulation of local economies. The results advocate for policymakers to consider cooperative models in tourism development strategies, emphasizing their potential to transform local communities and promote sustainable tourism practices.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00022024-06-27T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0003<abstract> <title style='display:none'>Abstract</title> <p>This paper aims to assess the phenomenon of disinformation and misinformation within the agri-food sector, recognizing the growing concern articulated by global authorities. The significant proliferation of disinformation and misinformation underscores the need to scrutinize various sectors susceptible to its influence, with the agri-food sector identified as particularly vulnerable. Consequently, this paper explores instances of disinformation and misinformation within this field, highlighting its potential influence, prospective impacts, and risks to both the economy and inhabitants. Employing a deductive approach, the author introduces the concept of disinformation, discusses global risks, examines the vulnerability of recipients to (dis/mis)information, and provides specific examples of disinformation and misinformation within the agri-food sector along with its inherent consequences.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00032024-06-27T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0005<abstract> <title style='display:none'>Abstract</title> <p>Municipal waste management plays a crucial role in our communities and has far-reaching implications. Effective waste management contributes to environmental conservation. By reducing waste, recycling, and implementing sustainable practices, we protect our ecosystems and natural resources. Due to the increasing volume of waste and the increasingly complex administration of its collection and disposal, solid waste management is quickly becoming a demanding issue for municipalities all over the world. The objective of the paper was to describe the impacts of communal waste management on municipal budgets and to compare waste management expenditure intensity. The legislative changes, the focus on minimising waste for disposal and promoting a material recycling orientation will have a significant impact on municipal budgets. Local authorities must adjust to the standards established by the European Union. The Slovak Republic will need to progressively adopt these standards by incorporating them into national law</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00052024-06-27T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0001<abstract> <title style='display:none'>Abstract</title> <p>The right to a favourable environment is a constitutionally guaranteed right. It is also linked to the duty of every entity to protect and improve the environment. The rights and obligations related to this are further regulated in the legislation of parliament. However, the municipality has also its irreplaceable place in ensuring environment protection, including in the form of issuance of generally binding regulations. The purpose of this paper is the assessment of the municipality’s competence in the field of environmental protection, taking into account its legislative competence. The aim is to examine the definition of the municipality’s power to issue generally binding regulations in the previous decision-making activity of the Constitutional Court of the Slovak Republic, the subsequent legislative changes and the current state of the scope of these powers of municipalities.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00012024-06-27T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2024-0004<abstract> <title style='display:none'>Abstract</title> <p>This paper discusses the intricacies of diplomatic privileges and immunities as outlined in the Vienna Convention. It highlights the distinction between privileges granted to representatives of states versus those of international organizations. The classification of diplomatic staff into four categories is explained, emphasizing the inviolability and immunity of diplomatic agents. Changes in definitions and practices since 1958 are explored, along with the importance of proper notification and certification of diplomatic status. The roles of heads of missions, particularly the doyen of the diplomatic corps, are outlined, as well as the significance of acceptance or rejection of diplomatic representatives by receiving states. The article concludes with insights into the termination of diplomatic missions and the authority of states to impose conditions on diplomatic privileges and immunities.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2024-00042024-06-27T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2023-0003<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2023-00032023-12-25T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2023-0001<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2023-00012023-12-25T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2023-0002<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2023-00022023-12-25T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2023-0004<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2023-00042023-12-25T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2023-0005<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2023-00052023-12-25T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2020-0010<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2020-00102020-12-31T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2020-0008<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2020-00082020-12-31T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2020-0006<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2020-00062020-12-31T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2020-0007<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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2020-00072020-12-31T00:00:00.000+00:00https://sciendo.com/article/10.2478/eual-2020-0009<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⁽¹⁾. 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⁽²⁾, 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>ARTICLEtruehttps://sciendo.com/article/10.2478/eual-2020-00092020-12-31T00:00:00.000+00:00en-us-1