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Ochrona przyrody w planowaniu przestrzennym w rolnictwie

100%
Czechowski P., Niewiadomski A.
Studia Iuridica Agraria
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2016
|
vol. 14
EN
The article presents selected issues of mutual acts relations that are referred in the Nature Conservation Act and Spatial Planning and Land Development Act with regard to agriculture. It points out the position of systemic farmer in natural areas of precious value. Particular attention was put on implementing restrictions on the exercise of agricultural property ownership rights as a result of established acts of planning and conservation plans. It was also specified de lege ferenda postulates for supporting farmers.
2

Administracyjnoprawna kontrola w rolnictwie w prawie krajowym i unijnym

100%
Niewiadomski A., Czechowski P.
Studia Iuridica
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2014
|
vol. 58
45-64
EN
The article discusses selected issues of administrative control in agricultural law. It points out the basic characteristics which define the distinctive administrative control. It discusses administrative control regulations on selected examples, which exist in the European agricultural law, and its impact on national law regulations. The article points out the new type of administrative control comprising the step of reporting, monitoring and evaluation. Possible solutions de lege lata and de lege ferenda have been indicated. In the article an analysis of selected issues of administrative control in the national agricultural law has been done. Additionally, the problems of external control over the administration, with particular attention to monitoring standards, was discussed. Existing regulations concerning the inneradministrative controlon under the example of the Nature Conservation Act, agencies and agricultural inspection have been discussed. In the conclusions an assessment of the current state of administrative control in agricultural law has been done.
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Wybrane problemy prawne współczesnych form ochrony przyrody na przykładzie parków narodowych i sieci obszarów Natura 2000 z uwzględnieniem koegzystencji rolnictwa

100%
Czechowski P., Niewiadomski A.
Studia Iuridica
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2016
|
vol. 61
35-52
EN
Modern Polish agriculture in the new national and EU financial perspective for the period 2014‒2020 is facing new challenges regarding the introduction of practices that are favourable for the climate and the environment, i.e. the so-called “greening” of the Common Agricultural Policy. The problem will be to appropriately inform farmers about the benefits from new solutions and encouraging them to take advantage of altered forms of assistance in the scope of direct payments. Even today, when the principle of cross-compliance applies, more than 700 thousand eligible agricultural holdings do not use the available financial assistance. New environmental and climatic requirements for nature protection can only increase the number of farmers who will not benefit from direct payments at all. The main de lege ferenda legal issue is the conflicting nature of the European and national legal norms. In this respect, comprehensive legal analysis should be conducted both in the sphere of public law, as well as private-public environmental obligations of farmers.
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O Profesorze Andrzeju Stelmachowskim jako prawniku

71%
Budzinowski R., Czechowski P., Korzycka M., Lichorowicz A., Prutis S.
Studia Iuridica Agraria
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2016
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vol. 14
11-26
EN
Professor Andrzej Stelmachowski (1925-2009) is an outstanding person, deserving huge appreciation because of his activity in various fields; as a lawyer, a prominent specialist in civil law, commercial law, family law, who played a remarkable role in the development of agricultural law. He is the creator of a new school of Polish agricultural law, as he elaborated by his scientific achievements, a theoretical basis to distinguish (in the area of doctrine and didactics) agricultural law as a separate branch of law; he has proposed an original method of research – the study of law in the process of its application, and around these ideas he organized research teams – a large group of students at such universities as: Wroclaw, Warsaw and Bialystok (Professor has promoted 23 PhDs of law). Another merit of Professor Stelmachowski was to determine the object and scope of agricultural law, the fundamental structures of agricultural law (the concept of agricultural property), as well as the legal solutions for protection of individual farming. The recognition and respect for the position of Professor at the international level are demonstrated by His numerous professional contacts and honorary doctorates that he was awarded with. The Professor was the first Polish scholar in the CEDR (the European Committee for Agricultural Law), as well as the first President of the Polish Association of Lawyers specialized in Agricultural Law. The concept of teaching elaborated by Professor A. Stelmachowski was reflected in the subsequent editions of academic books in the field of agricultural law, issued under his scientific edit in the period 1970-2008. In all areas of his involvement, despite changes in the external environment, Professor A. Stelmachowski always presented a permanent system of values, among which we should mention: rightness, fidelity to convictions and responsibility, concern for the common good, solidarity with the weak and being guided by the social doctrine of the Church, all of which gave him an unquestionable moral authority as a Person of great strength of character.
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