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Author: Joseph A. McMahon Publisher: Edward Elgar Publishing ISBN: 178100255X Category : Law Languages : en Pages : 296
Book Description
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 Publisher: Edward Elgar Publishing ISBN: 178100255X Category : Law Languages : en Pages : 296
Book Description
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: René Barents Publisher: Kluwer Law International B.V. ISBN: 940354421X Category : Law Languages : en Pages : 457
Book Description
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.
Author: Jens Hartig Danielsen Publisher: Kluwer Law International B.V. ISBN: 9041148094 Category : Law Languages : en Pages : 248
Book Description
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.
Author: Joseph A. McMahon Publisher: Edward Elgar Publishing ISBN: 1781954623 Category : Law Languages : en Pages : 609
Book Description
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.
Author: Brian Jack Publisher: Routledge ISBN: 131718355X Category : Law Languages : en Pages : 300
Book Description
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.
Author: Luchino Ferraris Publisher: BRILL ISBN: 9086868975 Category : Law Languages : en Pages : 288
Book Description
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
Author: Joseph A. McMahon Publisher: OUP Oxford ISBN: 9781904501657 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Ines Härtel Publisher: Springer ISBN: 3319676660 Category : Law Languages : en Pages : 663
Book Description
This book offers a new and differentiated overview of Agri-Food Law against the background of national and global integration of markets, and compares for the first time important aspects of the agricultural, environmental and food law of China and Germany / the European Union. In addition to the basics, it discusses a wide range of issues, such as the respective legal regulatory structures for food security, food safety, geographical indications of origin, climate protection, fertilizers, plant protection products, genetic engineering, water protection, soil protection, land resources and organic farming. In addition, it addresses key environmental impacts and developments in order to create integrated value chains. The increasing fusion of upstream and downstream areas is becoming apparent from primary production, to the refinement and trade up level, and even to consumption. Agri-Food Law is now productively taking these important developments into account with regard to the aforementioned countries.
Author: Vicente Rodríguez Fuentes Publisher: BRILL ISBN: 9086868010 Category : Law Languages : en Pages : 192
Book Description
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.