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Abstract

The reform of the self–governments in Slovakia caused the transfer of competencies from state authorities to municipalities. Every municipality is in accordance with Act no. 369/1990 Coll. on the Municipal Establishment obliged to ensure original and transferred competences for its inhabitants. However, for objective reasons, not all municipalities are able to perform them. Municipalities began to use the possibility of mutual contractual cooperation in accordance with the amendment to the Act on Municipal Establishment, under which municipalities can cooperate with each other for the purpose of carrying out a specific task or activity. Such cooperation between municipalities also exists for the purpose of exercising competence in the field of the building order. Pursuant to Act no. 50/1976 Coll. as amended, each municipality is a building authority. The aim of the paper is to qualitatively assess the reasons for contractual cooperation between the municipalities of the Nitra (NR) and Košice (KE) regions in the area of the building order (by using the method of structured interview). So far, 2 649 municipalities, which are a part of 189 joint building offices (JBO), have used the possibility of mutual contractual cooperation in the SR. Specifically, in the NR region there are 343 municipalities, which are part of 26 JBOs and in the KE region 391 municipalities, which are part of 28 JBOs. The qualitative method was used to find out the opinions of the building offices. Based on the obtained results, an optimal solution for problems of cooperation of municipalities was proposed by adopting new legislation, namely by the allocation of building offices to the seats of registry offices.

Abstract

The paper analyzes the development of the legislation of cooperative law since the late 1940s. It points out the positives, but also the negatives in the development of agricultural cooperative in Slovakia. The number of cooperatives, as well as the area of their farmed land decreased significantly after 1989 and the number of legal entities operating on the land has expanded. In spite of this, however, according to the collected data, it can be stated that in 2018, cooperatives managed 34,25% of agricultural land in Slovakia. Based on the available statistical data on the development of the structure of agricultural cooperatives and on the basis of legal analysis of the legislation, the authors wish to emphasize the merits of the cooperative form of business as well as the advantages of the cooperatives as a separate form of business under current market conditions. The cooperative, as a separated form of business, is still advantageous for all areas of business including the agricultural business. The advantage of a cooperative form of business is highlighted by its flexibility, relative simple and more liberal than other legal form of business.

Abstract

The Common Agricultural Policy (CAP) is the oldest EU policy and is one of the supranational areas and policies of the European Union (EU). CAP introduced diverse legal and economic tools for comprehensive and smart restructuralisation of the Slovak agriculture and rural areas. With the purpose to improve the CAP implementation in Slovakia, the project “Effectiveness of Common Agricultural Policy implementation in Slovakia” (CAPE) was prepared and submitted by the Association of Agrarian and Environmental Lawyers. The project was approved by the Education, Audiovisual and Culture Executive Agency and it has been granted from September 2019 (Decision Nr. 2019–1802/001.001, Project Nr. 611792–EPP–1–2019–1–SK–EPPJMO–SUPPA). The idea to submit project proposal aroused from the need to contribute to improving the Common Agricultural Policy implementation in Slovakia. The main aim of the project is to perform the interdisciplinary research in the field of the effectiveness of CAP implementation in Slovakia with the specific objectives to discuss and advise local, regional, national policymakers and decision–makers on different aspects of the CAP implementation, transfer the research results and the expertise to the practice and to disseminate the project outcomes among interested target groups and civil society.

Abstract

The current developments in the European legislative protection against the introduction of plant pests is problematic in terms of its quality and in relation of the EU law to the law of EU Member States. The quality of this legislation is significant by non-uniform wording used in Directive 2019/523 and in Council Directive 2000/29/EC, especially in geographical indications, names of taxonomic units of organisms and listing of requirements, conditions, states, plants, plant products and organisms. Another problematic phenomenon of the uncertainty of the EU Member states caused by very slow European law-making process regarding to adoption of implementing regulations, which needed to enter into force on December 14th 2019 based on Regulation 2016/2031 repealing the present legislation in plant pest protection covered by seven older directives. Despite of this fact, the EU amended simultaneously this older legislation only a very short time before the date of repealing.

Abstract

Green Public Procurement is currently a voluntary instrument to promote Sustainable Consumption and Production and Sustainable Industrial Policy. Surveys in this field help to understand how individual States, Public Authorities and Organizations, are approaching this voluntary instrument and thus how far they support Eco-Innovations and Sustainable Economy. Our survey focuses on mapping of units of local self-governments in the Slovak Republic that carried out Green Public Procurement in the category of paper products through the Electronic Contracting System (ECS) in 2017. We consider local self-government units to be major consumers of paper products, especially because of their extensive administration, what makes them a target group to promote the use of Green Public Procurement in a given category in practice. The total number of contracts awarded through the ECS in 2017 was 471. As the results show, the share of Green Public Procurements in the total number of Public Procurements in the Slovak Republic in 2017 was not satisfactory. In order to improve the situation, it is necessary to further deepen the targeted dissemination of examples of good practice in Green Public Procurement.

Abstract

At present, the issue of agricultural land protection resonates in a wide range of scientific disciplines. Individual approaches to the subject are in line with the relevant field, but the basis should always be grounded in the current legislation. The paper is a technical description focused on identification of the basic terms, relations, problems, goals and challenges and possible legal or legislative solutions of the physical protection of the agricultural soil and the legal protection of the agricultural land as an object of legal relations in the Slovak Republic. Achievement the goals and their legal realisation is possible only if certain legal obstacles are resolved on the national level and level of European Union. This paper represents a basic analysis, which can possibly serve as a support for an attempt to resolve the defined problems by the legislative means.

Abstract

Eco-sustainable and ethical farming initiatives arising from civil society have had an increasing popularity all over the world in recent decades, and Italy is no exception to this trend. This contribution is aimed at presenting two significant case studies from this country concerning sustainable and ethical farming, one of which is a uniquely Italian experience. What I argue is that it is possible to see the main features of the theory of the so-called “environmental commons” as the ethical-legal basis in the background of these initiatives. Through a sort of inductive approach of research, the examination of the two case studies offers the possibility to propose a more general inquiry, i.e. to question whether and how these experiences can be expressive of a new conception of farmland, which can be labeled as “farmland as a common”.

Abstract

The EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.

Abstract

The paper discusses the right to water as an integral part of a third generation rights in terms of its feasibility. The author tries to point out the need of participation of the private sector in solutions for effective elimination of indisputable humanitarian crisis in the world caused by scarcity of the clean water and most importantly by inadequate access to clean water sources. A long time struggle towards fighting poverty and ensuring basic need for life only by means of official authorities proves that despite indisputable political and normative progress, states consistently fail in meeting demands of implementation. Therefore the author emphasizes the necessity of cooperative action of a private sector and public sector stemming into a participative solution.

Abstract

In the recent years, when it comes to topics concerning rural areas and agriculture, sustainability has become a key term resonating in the political, economical, social and environmental discussions. These issues are discussed across the globe and Poland is not an exception. There are many features that have impact on sustainability. Among others it is situation in agricultural production, employment in agriculture, access to the land and situation at the land market, aspects of the environmental protection or the administrative structure of the country. Therefore, the main objective of the presented paper is to a comprehensive summary of different aspects influencing rural development in Poland with an emphasis on sustainability. Based on the conducted analysis it can be stated that even though many positive changes have been implemented in the Polish reality, there are still many issues with need to be urgently addressed.