Sztuczne tworzenie warunków dla uniknięcia zmniejszenia płatności
The artificially created of conditions to avoid reductions of payments
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The article contains an analysis of premises of acquiring direct payments, with special emphasis on the regulations concerning the term “artificially created of conditions”. The aim of the author deliberations is to determined what meanings the notions “artificially created of conditions” and the term of “possession” used in the regulations. The legislator of these regulations does not define these terms, and it is necessary to seek the meaning of these phrases in Polish law. First term should be understood as an institution of civil law – operation designed to circumvent the law. Second term referring instead to the definitions contained in the civil code, too. Yet, to satisfy the demand for possessing agricultural land, additional premises are to be fulfilled. Legal regulations concerning payments introduce a kind of qualified possession consisting in actual agriculture usage of land The article points to some terminological problems on the UE – national law border, reflected in judicial decisions not only the national administrative courts but also Court of Justice of the European Union.
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