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Open access

Lucia Palšová

Abstract

The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.

Open access

Monika Bumbalová

Abstract

Provision of services by public sector is a concept, which has been implemented for many decades in various forms of economic arrangement. Public sector policies and public services have significant impact on almost all spheres of life including agriculture. Throughout the history, there were times with smaller and bigger importance of public sector within the economy. The conditions of public sector always depend on the actual trend applied in the sphere of public administration and public management. After the period of New Public Management accompanied by leaning away from the “public” concept, a return to stronger statehood and more intensive public sector can be seen. There are several reasons for such development, which are also called megatrends. Urbanization, demography and social changes, climate changes and development of technology belong to the most intensive ones. The presented review paper deals with the description of the mentioned trends and provides a reflexion on their influence on the public sector and provision of public services in particular.

Open access

Katarína Kalesná

Abstract

The article analyses the significance of the ECJ preliminary ruling on competition law. Starting with the general characteristic of the preliminary ruling of the Court of Justice, its legal regulation in TFEU and its effects, it focuses on the concrete judgement of the Court (Tenth Chamber) of 7 February 2013 in Case C-68/12 at the request of the Supreme Court of the Slovak Republic. It explains the preliminary questions and the background of the competition case that was the incentive for them. It describes the quite complicated cartel agreement of the three banks concerned and the impact of the ECJ preliminary ruling on the judgements/decisions of the case.

Open access

Polonca Kovac

Abstract

Good public governance requires participative networking to tackle the worst societal problems. Redefined administrative procedure as an instrument that should ensure efficient public policies is one of the key approaches in this respect. The objective of this article is to show, based on qualitative research methods, that in modern public administration, procedure is attributed a much different role than under the traditional Rechtsstaat doctrine. It has been evolving towards becoming a dialogue tool for the state and the citizens, increasingly recognised in Neo-Weberian and good governance models, also in Central and Eastern Europe (CEE). Administrative procedure’s modernised codification in CEE countries, grounded in public administration theory, EU and case law, is in this article seen as of the utmost importance to apply in the region to develop its governance capacity. The article addresses said issues and provides a specific outline as to how to systematically and proportionally codify administrative procedural law in this sense on a national scale. The author proposes a concrete, holistic outline to redefine respective codification within contemporary public governance models. This outline incorporates minimum joint fundamental principles, e.g. the right to be heard. Following the principle of proportionality, in addition a more detailed codification is suggested by more formalised proceedings in the case of the collision of legally protected interests. The principles, such as participation, would apply for any administrative acts, resulting from legislative policy-making or single-case decision-making, and judicial reviews thereof alike. Such an approach should ensure a balanced recognition and effective protection of parties and public interest.

Open access

María Mar Delgado-Serrano and José Ángel Hurtado-Martos

Abstract

Land is an essential resource and plays a vital role in providing food and food security, water, ecosystem services and territorial resilience. However, the past few decades have generated enormous and increasingly unsustainable pressures on land use. The objective of this research is to analyse the main land use changes in Spain between 1987 and 2011 using data provided by the Corine Land Cover (CLC) project. The general trends in land use change at CLC level 1 in this period, and more specifically the changes occurring at CLC level 3 in land destined for agricultural use are analysed. The main reasons that explain these changes, including policy influences, are then identified. The results show that the area occupied by buildings and infrastructure has doubled, agricultural land has decreased and irrigated land has increased; forested areas have also increased, but their ecological quality has been degraded. These trends question the future sustainability of that land use in the analysed period.

Open access

Jarmila Lazíková and Zuzana Lazíková

Abstract

Land consolidation in the Slovak Republic is an important legal institute for fragmented agricultural land, which makes it difficult not only for the agricultural land market but also for the rational and efficient use of agricultural land. The necessity of land consolidation was already realized by the peasants in Slovakia at the beginning of the 20th century, when they voluntarily began to exchange the land. The law maker in Slovakia, however, did not realize the need for the arrangement of land relations until the year 1989, when the Law No. 229/1991 Coll. on the regulation of ownership relations to land and other agricultural property and Law No. 330/1991 Coll. on land arrangements, settlement of land ownership rights, district land offices, the Land Fund and land associations as amended were adopted. Moreover, land consolidation also addresses the development of the countryside and, last but not least, increases rural attractiveness for the inhabitants themselves. Rural development also belongs to the priorities of the EU. Thus, the implementation of the land consolidation projects is not only a wish of the owners or private investors, but also one of the ways to realize the goals of Slovakia and even of the European Union.

Open access

Hana Lipovská, Lucie Coufalová and Libor Žídek

Abstract

Rational agents react to incentives in the market economy as well as in the centrally planned economy. Economic laws are persistent regardless of the economic system. The legislative system changes the outcome of the game between economic agents and managers. The aim of this paper is to show how rational agents reacted to legislative incentives in the Soviet-type economy in Czechoslovakia in the 1970s and 1980s, that is, how they reacted to the general shortage in the centrally planned economy. Based on the original survey among former managers as well as on the legislative sources from the 1970s and 1980s, a taxonomy was made of economic reactions to the shortage economy. This survey was possibly the last chance to map the experiences of socialist managers who tried to run companies in the centrally planned economy. We distinguish plan manipulation in order to ensure payment bonuses; bribery in order to obtain short-supplied inputs and the creation of reserves for the purpose of fulfilling the plan. It was shown that, if the rational agent wanted to obey the higher law, he was forced to ignore lower legislation.

Open access

Elena Fifeková, Eduard Nežinský and Edita Nemcová

Abstract

National (global) competitiveness became the central issue during the global crisis. Using the values of the three main subdimensions of the Global Competitiveness Index, we propose alternative DEA-based competitiveness indicators. In our approach, the index is nested in the more general measure of the competitiveness-given-performance indicator. We find that globally competitive European countries do not transform competitiveness into income per capita efficiently. Decomposition of the scores suggests that most of the relative inefficiency concentrates in innovation activity. The results proved robust against the CCR model used in previous research as well as principal component analysis.

Open access

Zsolt Orlovits and László Kovács

Abstract

The aim of the present paper is to provide a comprehensive overview of the major regulations related to the acquisition and ownership of agricultural and forestry lands in Hungary and the effect of these regulations on the trends and changes in trade and ownership structure. The four pivotal points regarding policy–making have been the following: (1) maintaining national ownership of agricultural lands, (2) preventing the registration of ownership when the aim of the transaction is speculation, (3) maintaining the limitation and strict regulations on the possibilities for new acquisitions by corporately owned farms, (4) supporting the acquisition and usage of agricultural lands by privately and family owned farms. In order to achieve these aims, the government of Hungary decided upon a framework for agricultural land acquisition and ownership that integrates a number of rules and limitations already applied by land administration authorities in other EU member countries. However, their systematic and cumulative use raises major questions in the application of the relevant laws in real–life situations; in addition, there are serious concerns about their compatibility with EU principles on legislation and jurisdiction(1). This paper summarises typical situations to illustrate the controversies of the regulations related to agricultural land acquisition and use in Hungary.