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EU Agricultural Law and Policy by Joseph A. McMahon Pdf
Following an introductory discussion of the Treaty provisions on agriculture, this illuminating work examines the four regulations that currently govern the Common Agricultural Policy in the areas of Direct Payments, Rural Development, Finance, and the Common Organisation of the markets and considers their interpretation by the European Courts. It concludes with an astute assessment of the proposals for further reform, which will give Member States greater discretion in fine-tuning the principles of the policy established at European level to the particular characteristics of their agricultural sector.
Author : Joseph A. McMahon,Michael N. Cardwell Publisher : Edward Elgar Publishing Page : 592 pages File Size : 52,6 Mb Release : 2015-11-27 Category : Law ISBN : 9781781954621
Research Handbook on EU Agriculture Law by Joseph A. McMahon,Michael N. Cardwell Pdf
Following the conclusion of the latest round of reforms to the Common Agricultural Policy (CAP) in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and the changing landscape in which the CAP now operates. Adopting an interdisciplinary approach, and with international contributors from across Europe and the United States, the Handbook commences with analyses of the legal instruments which implement the reformed CAP, before moving on to consider questions of land use, the role of agriculture within the wider food chain and the international dimension. In these contexts, particular issues identified include: the environmental impact of past, present and future farming practices; the ability of the food chain to accommodate consumer preferences and scientific innovation; and the hurdles to be cleared before international consensus can be reached on a whole range of agricultural imperatives. As well as providing a state-of-the-art point of reference for academics, this comprehensive book will be of great interest to students, scholars and policymakers dealing with these new challenges faced by agriculture in the EU.
The European Union‘s common agricultural policy is without question the most economically significant policy area in EU law, as well as the area in which Union regulation has been implemented most consistently and intensely. This book contends that today, considering this comprehensive regulation of issues that are of prime economic importance – and the rich case law that this EU policy has generated – EU agricultural law cannot be treated as an isolated discipline, but must be seen in the context of general Union law. The author first deeply explores in an unprecedented way what is meant by the expressions ‘agriculture’, ‘agricultural activity’, and ‘agricultural producer’ found in current EU legislation, and goes on to provide a detailed legal analysis in contexts from Member States to the World Trade Organization. In the course of the presentation he examines the following, among much else: the principle of unified markets or common prices; structural funds for promoting regional agricultural development; encouragement of local strategies based on partnership and experience-sharing networks; environmentally friendly agricultural measures; the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD); whether a person or undertaking produces agricultural products or processes them; food safety measures; animal welfare; agricultural training and research; ensuring a fair standard of living for the agricultural community; interventions concerning storage or production limitation; State aid schemes; marketing standards; geographical indications; trade with third countries; support for improving the environment and the countryside; payment of aid pursuant to the single payment scheme; and WTO rules on domestic support measures, import duties and restrictions, and exports. As a full-length, in-depth analysis of EU agricultural law, this book has no peers. It is sure to be welcomed not only by legal academics, but by all who are professionally engaged in dealing with issues of Union agricultural law, whether lawyers, professional interest groups, or administrative authorities.
Agriculture and EU Environmental Law by Brian Jack Pdf
This book critically examines the development and current structure of European Union agri-environmental measures at a substantive level. Examining the measures in an integrated manner, showing how they interrelate linking different aspects of European Union agricultural law and policy, this volume examines the legislation adopted at European Union level as well as the impact of particular national measures to implement that legislation. Where appropriate, comparisons are drawn between the manner in which European Union legislation has been implemented among various Member States. Critically assessing European Union and national measures, in the light of other policy pressures such as the influence of world trade agreements and the political pressures exerted by the agricultural sector within the national legal systems of individual Member States, this volume is a valuable resource for academics researching and practitioners working in the areas of European Union environmental and agricultural law.
The Agricultural Law of the EU by René Barents Pdf
European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.
This book examines agricultural law and policy in the EU, covering the development of the Common Agricultural Policy into a system seeking to establish a consolidated European model of agriculture. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form.
The pursuit of sustainable agriculture in EU free trade agreements by Luchino Ferraris Pdf
This book explores the extent to which EU Free Trade Agreements (FTAs) pursue sustainable agriculture in third country parties. It contends that this should be part of a duty for the EU enshrined in the Treaties to promote its fundamental values in its external action. It suggests that the extent to which this occurs in practice, may be reviewed judicially by the Court of Justice of the European Union. Against this background, selected agreements concluded by the EU with developed and developing countries (Canada, South Korea, Ukraine, Chile, SADC countries and Vietnam) are taken as case studies. The author concludes that, in spite of the remarkable progress made hitherto, EU trade policy is still far from being in line with the increasingly strong commitment of the EU to take the lead in the international arena for environmental and climate matters. This work adopts primarily a legal methodology, but it broaches the subject in interdisciplinary terms. It is addressed not only to (EU) policy-makers, but also to scholars of different fields and to the wider public interested in topics that have become of common concern for the future of our planet. With a foreword by Daniel Calleja Crespo, Director General of the European Commission - DG Environment
From agricultural to food law by Vicente Rodríguez Fuentes Pdf
The differences between agricultural law and food law are becoming progressively blurred. This is only natural because both intend to control that food products placed in the market are safe and respond to a certain standard of quality. In their present form, both are relatively new legal disciplines, evolving and expanding very rapidly and a great number of new and transcendental regulations (and an increasing number of compulsory private rules) are being enacted to respond to new realities. One of these new realities is the legal protection of quality in food. Once almost exclusively applied to a limited number of traditional well-known products and now extended to many products covered by designations of origin or geographical indications. Another area is food safety, a major concern of the legislator. Food alerts, recalls and withdrawals have been carefully regulated to guarantee a rapid and efficient reaction, but these legal mechanisms appear to be less well-designed when dealing with the unwanted consequences of unjustified alerts. A third topic is food prices and trading conditions, an area that cannot always be completely left to unregulated market-forces due to the special nature of the product involved. The above issues are analysed by several experts from different legal backgrounds and countries, a varied approach adequate to the hybrid nature of food law.
A Guide to EU Environmental Law by Josephine van Zeben,Arden Rowell Pdf
Written by two internationally respected scholars, this unique primer distills European Union environmental law and policy into a practical guide for a nonlegal audience, as well as for lawyers trained in other jurisdictions. The first part explains the basics of the European legal system, including key actors, types of laws, and regulatory instruments. The second part describes the EU’s overarching legal strategies for environmental management and delves into how the EU addresses the specific environmental issues of pollution, ecosystem management, and climate change. Chapters include summaries of key concepts and discussion questions, as well as informative "spotlights" offering brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to EU Environmental Law provides a long-overdue synthetic resource on EU environmental law for students and for anyone working in environmental policy or environmental science. This text can also be read with the authors’ A Guide to US Environmental Law for a comparative look at how two important jurisdictions in the world deal with key environmental problems.
This book provides a stimulating account of agricultural policy which goes beyond a narrow concern with the mechanisms and operation of the Common Agricultural Policy (CAP), and instead constructs a broader canvas, developing an assessment of the relationship between national, international and supranational institutions and actors in the agricultural sector. Among the theses covered by the book are: the different national policy styles across Europe in this sector; the evolution of the CAP; safety and regulation, the environment, and technological developments in food production such as genetic engineering.
EU Bioeconomy Economics and Policies: Volume I by Liesbeth Dries,Wim Heijman,Roel Jongeneel,Kai Purnhagen,Justus Wesseler Pdf
This two-volume book provides an important overview to EU economic and policy issues related to the development of the bioeconomy. What have been the recent trends and what are the implications for future economic development and policy making? Where does EU bioeconomy policy sit within an international context and what are the financial frameworks behind them? Volume I explores the economic theory of bioeconomy policy, as well as European integration, European agriculture, EU budget and future developments in EU agriculture policies.
The common agricultural policy of the European Union by Maximilian Gander Pdf
Seminar paper from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 1,3, University of Applied Sciences Constanze, language: English, abstract: Accession to the European Union brings many advantages to a nation, in particular the free movement of goods, persons, services, capital and payments. But the domestic agricultural sector also benefits from EU membership in the form of subsidies. This paper aims to examine through which measures and reformers the common argiculture policy (CAP) attempts to promote the agriculture of its member states. It also discusses the impact of CAP measures on the world market. The development of the agricultural sector in the new accession countries after the eastward enlargement will be examined in more detail. Which countries have seized the opportunity of EU accession and fully exploited their potential? Or are there also countries which have not been able to make any progress in agriculture despite high EU subsidies? The cornerstone of the common European agricultural policy falls at the birth of the European Union. In 1957, the six founding States joined forces by signing the Treaties of Rome. The main objective of this communitarisation was the joint promotion of European agriculture. Over the years, more and more countries joined the Union. Today, the European Union comprises 28 member states. The Common European Agriculture Policy (CAP) is one of the oldest policy areas of the EU and plays an important role in the EU budget. The functioning of the CAP is very complex and is regularly changed by new reforms. Although agriculture is only a small part of the economy today, it is still important to promote this sector. The CAP's main objectives are to increase productivity, secure supply and stabilise markets.
The CAP has traditionally been at the core of the European Communities and even now consumes half of the European Union's budget. This book emphasizes the long-term link between the CAP and the budget. It examines the aims of the Common Agricultural Policy as set out in the Treaty of Rome and discusses to what extent they have been achieved and whether they are relevant to the 21st century. The factors that have shaped the 1992 and 1999 CAP reforms are outlined, with the latter, in particular, demonstrating the budget's effect on CAP and CAP reforms. The internationalization of CAP with constraints being placed on it by the World Trade Organization is another important factor covered by the book. The 1999 reforms are measured against what may be allowed by the WTO and the demands of EU enlargement. This title is published in conjunction with UACES, the University Association for Contemporary European Studies. UACES web site can be found at www.uaces.org
Agricultural Policies in Europe and the USA by A. Piccinini,M. Loseby Pdf
The book describes the context within which the Common Agricultural Policy of the European Union has been established, the basic mechanisms of the policy for the main sectors of agricultural production and their adaptation over time in line with changes in the broader world economy; the changes in Eastern Europe, the problems of developing countries and the GATT-WTO Agreement in particular. An introduction by Franz Fischler, European Commissioner with responsibility for Agriculture, sets the scene for Community policy beyond 2000.
Agricultural Policy and EU Competition Law by Anna Gerbrandy,Sybe Alexander de Vries Pdf
This book focuses on the question of whether European agricultural legislation and competition rules offer any scope for self-regulation in the European dairy market. Within this larger question, certain sub-questions also arise: what are the relevant legal rules applicable to the dairy market, and what type of self-regulation is possible within the present legal framework? The book offers a number of suggestions for modification of agricultural and competition policies in order to serve the interests of Europe's dairy farmers better.
