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  1. 2 Studia Iuridica

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  1. 1 2016

  2. 1 2014

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  1. 2 Budzikowski M.

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Problemy interpretacyjne zbiegu norm prawa UE z prawem krajowym na przykładzie rynku cukru

100%
Budzikowski M.
Studia Iuridica
|
2016
|
vol. 61
23-34
EN
The sugar market and internal market management mechanism, including a quota system, is a regulated market both at the level of EU law as well as at the level of national law. This means both the EU law and national law rigorously shape both obligations and rights of planters of sugar beet and sugar producers. Non-compliance of the parts on the conclusion of a trade agreement has led to the need to issue by the Minister of Agriculture and Rural Development of the Regulation of March 10, 2011 on the conditions of the purchase and delivery of sugar beet for sugar production under quota sugar production (Dz.U. No. 57 item 292). With regard to the procurement contracts, concluded beet campaign of 2010‒2011, both provisions of the EU law, as well as national law apply. Sugar producers (sugar mills) cannot rely on the lack of definition of “marketing years” (in this marketing year), as they are defined in the Council Regulation (EU) 1234/2007. On the basis of the above cassation appeal was brought against the judgment of the Court of Appeal in Wrocław, the adoption of which was argued to recognize the occurrence of a significant legal issue.
2

Ograniczenia praw podmiotowych właściciela nieruchomości rolnej w prawie administracyjnym

100%
Budzikowski M.
Studia Iuridica
|
2014
|
vol. 58
31-44
EN
The ownership rights to the agricultural property are defined in polish Constitution, as well as in the Civil code. Outside the law to posses the object, there is a right to dispose the object and to download the rewards. The administrative law, by which the state Empire affect on one or few of above mentioned rights, limits the capabilities, which the owner could benefit in situation of free disposal of the object. The article is an effort of outline the tendency of the state Empire, in example of environmental law and the State security regulations, to impoverishment the possibilities, which gives the civil law. In the first part of the article was made an attempt to present a division of the limitations, according to the doctrine view.
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