Journal of Agricultural and Environmental Law

The liquidation of undivided common land ownership in Hungary

Gergő Árvai — 2023-12-18

The issue of undivided common land ownership is a special anomaly in Hungarian land law that has been waiting for a solution for decades. As a result of the reorganization of land tenure relations after the change in regime and the legal successions that have taken place since then, almost one-third of Hungarian farmland is in common ownership. The legal institution of undivided common land ownership creates a bureaucratic obstacle to the circulation of farmland; the land register is unorganized due to the lack of knowledge of the co-owners, which exists only on the surface because of the small ownership they have, all of which lead to administrative burdens for land users and public administration and, in sum, reduce the competitiveness of Hungarian agriculture. As a result of the legislator's action in 2021, new rules allowed the liquidation of joint ownership, and from 2023, special land inheritance rules were introduced into the Hungarian legal system. This study focuses on the introduction of undivided common land ownership, relevant legal problems, and particularities of liquidation.

Environmental law principles as guidelines for protecting the outer space

Kaja Hopej — 2023-12-18

Sustainable development practices in the terrestrial environment have been implemented for a long time and, despite their lack of uniformity, have so far proven to be successful. Sustainability in the space environment is a concept that has been under development for over a decade and its implementation is much more difficult, given how challenging, from various perspectives, space domain is. Hence, sustainability in outer space depends on many factors, not only technological development, responsible approaches, and measures taken by all space stakeholders, but also on properly constructed legal foundations. The peculiarities of the space sector, especially from a legal perspective, are characterized by limited experience in regulating such a challenging area. There are a number of normalization activities in addition to Corpus Iuris Spatialis that contribute to a process of unification of space activities (at least at the technical level), even though they remain outside the strictly regulatory aspect. Therefore, lawyers dealing with the space domain frequently use analogies from various legal branches. In the study of space law, particular attention has been paid to aspects of the law of the sea (regulations of high seas) or mining law in the context of space resources. Nevertheless, owing to the increasing problem of the condition of the outer space environment (mainly due to the dangerous amount of space debris in orbit) references to environmental law are increasingly visible in legal research aimed at ensuring sustainable development in outer space. National Space Legislations (NSL) often refer to ‘soft law’ instruments in the form of internationally recognized and recommended guidelines and standards1. Nevertheless, the question arises regarding the extent to which such recommendations will be implemented and enforced, particularly given their diversity. To propose a potential solution, it is important to refer to the principles based on environmental protection law, which, according to the authors, could be analogously applied in the formulation of regulations protecting the outer space environment or at least act as an inspiration for searching for the best solution in the area of space law. Starting from the foundations of the concept of sustainability, in the following study, the authors focus on the Precautionary Principle as well as the Polluter Pays Principle through appropriate risk allocation between the state and non-governmental entities. Regulations at the global, European and national level are reviewed in order to introduce the evolution of the concept of sustainable development and its potential impact on the shaping of space law. This analysis aims to examine the functioning of environmental regulation at national supranational and international level, thereby creating potential guidance for the regulation of the protection of space environment.

Liability rules protecting waste management in the light of the right to a healthy environment

Zsófia Hornyák — 2023-12-18

Some European countries use a complex system of liability to protect the environment through civil, criminal, and administrative law. The purpose of this work is to present and evaluate the constitutional background of the complex liability system protecting the order of waste management in Hungary, in addition to examining the constitutional provisions of three Western European countries – namely France, Spain and Germany – in relation to the topic. Paying particular attention to how the Constitution of the given country regulates the right to a healthy environment.

Prohibition of cross-border water transport in the conditions of the Slovak Republic and its legal consequences

Radomír Jakab — 2023-12-18

The Slovak Republic decided to protect its water resources by prohibiting cross-border water transport. The ban was incorporated into the Constitution of the Slovak Republic. As an administrative regulation, this constitutional norm was subsequently detailed in ordinary legislation, namely the Water Act. The adoption of this ban has raised doubts about its compatibility with the European Union (EU) law, in particular, regarding the quantitative restrictions on exports and imports of goods between the member states. This constitutional prohibition and the subsequent administrative regulation have caused interpretative and applicative confusion. Therefore, in this paper, the author assesses the limits of possible restrictions on water transport across the Slovak Republic borders, taking into account the limits resulting from the EU law. This study aims to analyze and assess the manner and consequences of the constitutional ban on water transport across the Slovak Republic’s national borders.

Croatian land acquisition rules after the expiry of the EU moratorium

Tatjana Josipović — 2023-12-20

The aim of this article is to present the harmonization of the Republic of Croatia in connection with its land acquisition rules. This paper presents the gradual adjustment of Croatian land acquisition rules to EU laws and the final results of the process upon the expiry of the EU moratorium on the acquisition of agricultural land. The paper aims to analyse how the accession to the EU has impacted the development of Croatian land acquisition rules, the development of legal transactions of real property, and the entire economic development of the country.

How the KOB SIA case altered the Member States’ margin of appreciation: with particular attention to the judgment’s possibly consistent characteristics and the relevant provisions of Directive 123/2006

Ágoston Korom — 2023-12-18

Several studies and scientific workshops have considered the member states’ rules – within the framework of EU law – on the ownership and use of agricultural and forest property, considering that this area is significant not only for the member states that acceded after 2004, such as Hungary but also for the founding members. These examinations have focused on the public interests acknowledged by the Court of Justice of the European Union (CJEU), such as the preservation of the rural population, the promotion of small- and middle-sized, livable properties, and the easing of speculative pressure on the land market, which should be achieved in practice without compromising EU law – especially its fundamental freedoms. This characteristic of the CJEU’s relevant case law primarily led to the application of the free movement of capital; nevertheless, the CJEU’s judgment in the KOB Sia case resulted in a significant change in this area, the main subject of the current examination. This article will consider how the CJEU was altered. Moreover, we examine whether this change could be consistent. We find that the judgments referred by the CJEU in the KOB Sia case and Directive 123/2006's relevant provisions can serve as a starting point in deciding how the member states' margin of appreciation was altered.

The National Raw Materials Policy in Poland as an instrument of implementation of the constitutional principle of ensuring the security of citizens (Article 5 of the Constitution of the Republic of Poland)

Paulina Ledwon — 2023-12-18

The author focuses on presenting the nature of the legal relationship between the principle of sustainable development established in the Constitution of the Republic of Poland and the policies adopted by the Council of Ministers: The National Raw Materials Policy, The Energy Policy of Poland, and the National Environmental Policy – the development strategy in the area of environment and water management. The author analyzes the concept of ensuring security as one of the constitutional obligations of the state authorities in the Polish Constitution and derives from it the concept of raw material security of the state, implemented by establishing The National Raw Materials Policy in 2022, which is understood as a long-term public policy conducted at the national level, to ensure that manufacturing enterprises have access to the raw materials necessary for their operations at a price enabling them to maintain their competitiveness, while taking care of the natural and social environment at every stage of the raw material cycle and the current and long-term economic security of the state.

Legal instruments of financial support for low-carbon energy in the legal system of Poland

Bartosz Rakoczy — 2023-12-18

In Polish law, legal instruments for financial support for low-carbon energy can be described and evaluated according to certain general criteria. First, it should be noted that low-carbon energy is not a self-contained goal of financial support. However, it can be concluded that Polish law provides for such a value protected by law, and consequently, it is eligible for financing. Furthermore, legal instruments of financial support for low-carbon energy take the form of both public and non-public funds. Moreover, these instruments are characteristics of both public and private law. However, the predominant legal instrument providing such support is a contract, although sometimes it is deeply rooted in public law. Alternatively it should be noted that the practical uses of instruments of financial support for low-carbon energy are complicated. This requires elaborate applications with numerous attachments, including documents and declarations. In addition, the process of granting such funds lasts a long time and is preceded by audits. Consequently, the instruments were not used to their fullest extent.

Agricultural land succession rules in the Visegrád countries and the relevant case-law of national constitutional courts

Hajnalka Szinek Csütörtöki — 2023-12-18

This study aims to review and compare the agricultural land succession rules in four countries of the Central European region, namely Slovakia, the Czech Republic, Poland, and Hungary (the Visegrád countries), using a comparative method. The results show that, in the case of Slovakia and the Czech Republic, there are no specific rules on the inheritance of agricultural land; the general succession rules of civil law shall be applied. The same is true in Poland, where there are no specific regulations that differentiate the inheritance of agricultural property or farms from other types of property. However, some specific rules can be found in the Act of April 11, 2003, on the Shaping of the Agricultural System. On the contrary, in the case of acquiring ownership of agricultural land by inheritance, in addition to acquiring it by testamentary disposition, the Hungarian legislator introduced several special rules for acquiring it by intestate succession. Furthermore, in connection with the research topic, the inheritance tax issues, and the relevant case-law of the national constitutional courts are examined in detail.

Constitutional legal protection of ecological values in the Republic of Serbia

Jelena Vučković — 2023-12-18

The constitutional legal protection of ecological values in the Republic of Serbia is regulated through a complex and multi-layered protection of the right to a healthy environment. It is first seen in the constitutional guarantees and declarative emphasis on the developed ecological values and the principles that have been translated into constitutional human rights. The practice of the Constitutional Court of the Republic of Serbia with respect to environmental protection is modest for the educational constitutional formulation that reduces ecological values to an abstract and general right to a healthy environment that cannot be adequately protected.

Regulation of genetically modified organisms, food and feed in the EU with particular reference to Poland – protection of consumers and the environment or merely a response to public expectations?

Paweł Wojciechowski — 2023-12-18

This article aims to establish the rationale for its introduction within the European Union and subsequent changes to the legal regulation of its release into the environment, genetically modified organisms (GMOs), and the placement of genetically modified food and feed on the market. Following the presentation of the original regulation, public reactions to GMOs and the resulting changes in the European Union and national regulations are discussed based on cases before the European Court of Justice. The analysis leads to the conclusion that in the case of GMOs and genetically modified food and feed, the legislature has acted mainly based on public expectations, while neglecting a full scientific assessment of the solutions adopted to protect consumers and the environment.

Constitutional protections of property and energy-efficient housing in Croatia

Tatjana Josipović — 2023-12-18

The aim of this article is to present the energy-efficiency building requirements in general and their relationship with the constitutional protections of property afforded by the Croatian Constitution and the European Convention of Human Rights (ECHR), and the reconstructions and energy-efficiency retrofitting of existing buildings and the relationship between these measures and the constitutional protections of property.