“Przegląd Prawa Rolnego” (Agricultural Law Review) was registered in 2007 as a journal focused on the field of agricultural law, understood in its broadest sense. It covers, in addition to (traditionally understood) agriculture, the legal issues associated with food, the environment (in agriculture) and rural areas – from global, regional and local perspectives. Hence the problems associated with agricultural law cover not only the regulation of agricultural production, agrarian structures and agricultural markets, but also agri-food and agri-environmental law. These areas constitute the common ground investigated by legal experts in agricultural law from all over the world. The journal does not charge the Authors any fees. ABOUT THE JOURNAL CURRENT ISSUE ARCHIVES INDEXED AND AVAILABLE IN: SCOPUS, ERIH+, DOAJ, Index Copernicus, CEEOL, EBSCO Central & Eastern European Academic Source (CEEAS), EBSCO Legal Source, POL-INDEX, CEJSH, ANVUR, Academica, Dimensions, Legalis, Polona, Google Scholar, WorldCat, CROSSREF, ROAD, THE KEEPERS, WIKIDATA, SUDOC, OPENALEX, EZB JOURNAL METRICS: Ministry of Education and Science (2024): 70 DOI: 10.14746/ppr eISSN: 2719-7026 ISSN: 1897-7626 THE WORKS PUBLISHED IN THE JOURNAL HAVE BEEN AVAILABLE UNDER A CREATIVE COMMONS LICENCE: Since 2023: Attribution 4.0 International. Since 2017 to 2022: Attribution-ShareAlike 4.0 International. Agricultural Law Review provides immediate open access (CC BY 4.0 Attribution 4.0 International) to all its content, in accordance with the principle that freely available research increases and accelerates global scientific development. DATA ARCHIVING The PRESSto platform digitally preserves the content of this journal using the PKP Preservation Network (PKP PN), which provides digital long-term preservation of data and secured access to the content of the journal. The journal Agricultural Law Review complies with the I40C standards for open citations. PUBLISHER Adam Mickiewicz University in Poznań Faculty of Law and Administration
Area standards regulatory systems from a comparative perspective
This article aims to determine the current significance of area-based standards as instruments for influencing agricultural structures in selected European countries. The analysis shows that these standards do not constitute a consistent regulatory framework; rather, they take the form of minimum thresholds that restrict the division of agricultural property, maximum limits on property acquisition or ownership, or flexible criteria that trigger administrative scrutiny of transactions. They all serve the same basic function: to protect the rational ownership and use of agricultural land. In particular, they counteract excessive fragmentation, limit land concentration and prevent the emergence of economically inefficient farms. However, it is argued that in the modern era, area-based standards are no longer a self-sufficient instrument. Their practical usefulness depends on their link with flexible economic, regional, and functional criteria. They should therefore be viewed as part of a broader policy to protect the agrarian structure, rather than as rigid, abstract area limits.
Copyright (c) 2026 Paweł A. Blajer https://creativecommons.org/licenses/by/4.0
An agricultural company under Polish law – the need for regulation and a regulatory model
This article argues that there is a fundamental gap in Polish agricultural law with regard to legal entities. The existing Act on shaping the agricultural system does not establish a general category of qualified collective agricultural entity, as its basic model remains the individual farmer – a natural person who meets the requirements set out in Article 6 of the Act. The exceptions provided for other entities are ad hoc in nature and do not constitute a coherent status for ‘collective farmers.’ The article analyses three European models: the Italian mechanism for the functional classification of collective entities under the category of imprenditore agricolo professionale, the Spanish model of the separate sociedad agraria de transformación, and the French system of GAEC (groupement agricole d’exploitation en commun) and EARL (exploitation agricole à responsabilité limitée) with its principle of transparency. Based on these models, the author proposes two de lege ferenda proposals: a minimal proposal, which is a mechanism for the agricultural classification of existing collective entities by decision of the National Support Centre for Agriculture, based on the Italian model; and a maximal proposal, which is a statutory type of an agricultural enterprise with transparency principles and safeguards against abuse, based on the French model. These proposals complement an earlier suggestion to introduce the concept of an agricultural company into the Civil Code, whereby an agricultural company is defined as an entity that operates an agricultural enterprise.
Copyright (c) 2026 Jerzy Bieluk https://creativecommons.org/licenses/by/4.0
Legal requirements for combatting global deforestation in the trade in agricultural products
This paper aims to determine the legal implications of Regulation (EU) 2023/1115 of the European Parliament and of the Council (EUDR) for Polish entities engaged in the production of the produce covered by the Regulation, particularly cattle, soya and timber. The legal implications of the EUDR for Polish producers are essentially the same as for all other producers in the European Union. The obligations to combat deforestation are underpinned by possibly the strongest legal instruments – administrative measures. These instruments have a multifaceted impact – their primary purpose is to combat deforestation, and thus to protect the environment on a global scale, while ensuring, on the other hand, the proper implementation of the EUDR provisions, including the due diligence system. The EUDR is an essential instrument for global environmental protection, although it may generate administrative burdens, particularly for small farms in countries with a fragmented agricultural structure. The regulatory effectiveness depends on the efficiency of national implementation, the automation of processes within public institutions, and the proportionality of the sanctions imposed; in the long term, the EUDR may become a tool for raising producers’ environmental awareness and an instrument for the sustainable transformation of the agricultural and forestry sector.
Copyright (c) 2026 Katarzyna Leśkiewicz https://creativecommons.org/licenses/by/4.0
Food sovereignty and restrictions on the trading in agricultural property in Poland – legal aspects
The aim of this discussion is to attempt to determine whether there is a link between food sovereignty and regulations governing the trade in agricultural property, and, if so, whether the restrictions on the trade in agricultural property currently in force in Poland contribute to the achievement of food sovereignty. The article explains the concept of food sovereignty itself and shows that a key factor in ensuring food sovereignty is to guarantee access to agricultural property for farmers with smaller holdings (family farms). The analysis carried out in the article leads to the conclusion that both the rules governing the trading of agricultural property, as set out in the Act on shaping the agricultural system, and the rules governing the management of agricultural property owned by the State Treasury, help to facilitate access to agricultural property for farmers running family farms, consequently contributing to the achievement of food sovereignty.
Copyright (c) 2026 Paweł Wojciechowski https://creativecommons.org/licenses/by/4.0
Monika A. Król (ed.), Climate Change Impact on Agricultural Law. Legal Aspects of Food Security, Brill, Boston, Mass. 2025, pp. 433
Copyright (c) 2026 Roman Budzinowski https://creativecommons.org/licenses/by/4.0
Amarillide Genovese, Regole di filiera e pratiche di slealtà. Sfide globali e instanze locali, Editoriale Scientifica, Napoli 2025, pp. 195
Commentary on the judgment of the Supreme Administrative Court of 20 June 2024, III FSK 150/24. Sugars occurring naturally in beverages or their ingredients and the scope of the exemption from the foodstuffs levy
Since 1 January 2021, beverages containing sugars that are monosaccharides or disaccharides, foodstuffs containing these substances, sweeteners and caffeine or taurine have been subject to a foodstuffs levy when placed on the Polish market. This commentary primarily aims to support the stance taken by the Supreme Administrative Court regarding the exemption of the aforementioned products from this levy. In the judgment under review, the Supreme Administrative Court ruled that the phrase ‘excluding substances occurring naturally therein’ should apply not only to the final beverage product, but also to its components. Therefore, if a product’s only source of sugar is natural, the condition for exempting such a drink from the foodstuffs levy is met. This ruling is correct and deserves approval. The study employs a dogmatic-legal research method and covers legislation, case law, and relevant literature.
Copyright (c) 2026 Bartosz Namieciński https://creativecommons.org/licenses/by/4.0
European food security between geopolitical shocks, productivity renewal and sustainability goals: current and future perspectives of Common Agricultural Policy
Given the uncertainty that characterises agricultural markets and is exacerbated by the repercussions of the current energy crisis and other disruptions affecting the agri-food supply chain, expectations for the future Common Agricultural Policy (CAP) are particularly high. The CAP is expected to contribute to long-term food security. This paper analyses how the EU intends to prioritise strengthening its internal productive capacity, which is considered a strategic instrument for safeguarding European interests. Within this framework, the focus is on the future CAP (2028–2034), which will be required to pursue the objectives established by Article 39 of the Treaty on the Functioning of the European Union by providing more targeted and efficient support to farmers, while striking a balance between more flexible environmental requirements and more adequate economic incentives. Subsequently, the paper examines some of the provisions proposed in the Proposal for the modification of the Common Market Organisation, which are aimed at establishing strategic food stocks to improve preparedness and crisis management in the event of threats to food security. Finally, while the CAP plays a pivotal role, the paper also considers the new Fertilisers Action Plan and trade agreements between the EU and third countries, which aim to strengthen the resilience and competitiveness of the European economy as a whole.
Copyright (c) 2026 Mariassunta Ciccone https://creativecommons.org/licenses/by/4.0
The Italian agricultural simple partnership (società semplice agricola): an agricultural enterprise, a non-commercial legal form and its registration in the Business Register
This article examines the Italian società semplice agricola as a distinctive model of non-commercial partnership for the collective exercise of agricultural enterprise. Its civil-law flexibility makes it particularly suitable for family farms, intergenerational holdings and land-based agricultural undertakings. However, this flexibility becomes problematic once the partnership is registered in the special agricultural section of the Business Register and its registered position is used by third parties, public authorities and sectoral benefit schemes. The article analyses the tension between internal contractual autonomy and public reliability, focusing on the legal nature of the agricultural simple partnership, its registration, connected activities under Article 2135 of the Italian Civil Code, subjective and objective changes, professional agricultural status and the absence of a coherent mechanism for requalification or cancellation. It argues that the società semplice agricola remains a valuable instrument for preserving the non-commercial character of collective farming, but that its effectiveness depends on a publicity regime capable of accurately reflecting the enterprise’s legal and economic reality.
Copyright (c) 2026 Francesco Tedioli https://creativecommons.org/licenses/by/4.0
Can a brand name contain a Protected Designation of Origin seal? The Nero Champagne case
This article analyses the judgment in the Nero Champagne case (T-239/23), examining the compatibility of trademarks with geographical indications. Particular attention is given to the ‘limitation theory’ applied by the European Union Intellectual Property Office (EUIPO). The issue in question is whether a trademark containing a protected geographical indication can be registered if it is limited to products that comply with the relevant regulations, and what the legal limitations on this possibility are. The arguments presented show that the judgment does not entirely reject the limitation theory, but significantly alters its scope. The General Court of the European Union has rejected the idea that limiting a trademark exclusively to PDO-compliant products automatically determines the admissibility of registration. The limitation merely constitutes a relative presumption of non-exploitation of the reputation of the protected name, which can be refuted by specific, evidence-based, consistent arguments. In conclusion, the author states that the judgment strengthens the protection of geographical indications and extends scrutiny over the potential exploitation of the reputation of protected names. However, a certain margin of interpretative uncertainty remains, which could impact the predictability of EUIPO decisions and trademark registration strategies.
Copyright (c) 2026 Monica Zoller https://creativecommons.org/licenses/by/4.0
Legal protection of soil and landscape in the Czech Republic in the light of evolving EU law: an assessment of implementation (2014–2025)
This article presents the EU and Czech legal frameworks for soil and landscape protection and identifies shortcomings in the implementation of EU legislation that undermine the effective protection of soil and landscape in the Czech Republic. Shortcomings have been identified in the following areas: harmonised monitoring of soil health and contaminated-site inventories; mitigation of urban sprawl (land-take) integrated into spatial planning through a clear hierarchy of avoidance, mitigation and compensation; the enforceability of anti-erosion standards under public law beyond subsidy control; and liability for serious soil degradation not resulting from contamination. The proposed coherent reform package includes a Soil Health Act implementing the EU monitoring framework, binding land-use trajectories in spatial planning, public-law obligations equivalent to GAEC standards, an extended administrative liability regime for severe non-contamination soil degradation, and open, interoperable data to support monitoring and enforcement. Combined with inter-ministerial coordination, these measures could align Czech practice with the evolving EU acquis and deliver tangible benefits in terms of improved soil health, reduced erosion and the reversal of land sealing.
Copyright (c) 2026 Jitka Matějková https://creativecommons.org/licenses/by/4.0
Counteracting food losses and food waste as an instrument for implementing the right to adequate food and sustainable food security in international law
This article aims to determine whether and to what extent reducing food losses and waste may be considered as an effective means of implementing the right to adequate food and sustainable food security in international law. The analysis examines the evolution of the right to food and the concepts of food security and food sovereignty, as well as international instruments and programmes, including the 2030 Agenda for Sustainable Development. The author demonstrates that food losses and waste may weaken food availability, access to food, the stability of food systems, and the implementation of the principle of sustainable development. The author concludes that reducing food losses and waste should be understood as a measure that supports the realisation of the right to food and sustainable food security, particularly when accompanied by broader systemic changes.
Copyright (c) 2026 Łukasz Mikołaj Sokołowski https://creativecommons.org/licenses/by/4.0
World Trade Organisation case law on agricultural matters. Selected issues
This study aims to determine the role of World Trade Organisation (WTO) case law in shaping the agricultural policies of the EU and its member states, using Poland as an example. First, the author outlines the WTO dispute settlement system, including the current crisis in its functioning. The author then presents selected rulings involving the EU and Poland relating to: meat and meat products (hormones); the import, sale and distribution system for bananas; sugar export subsidies; authorisation and marketing measures for biotechnology products; sugar import safeguard measures; additional duties on Polish pork imports; and measures concerning Ukrainian agricultural products. The author concludes that the EU and its Member States do not always act in accordance with the recommendations of panel and Appellate Body reports. Furthermore, the procedures aimed at holding states and the EU to account within the WTO dispute settlement system are too lengthy, and the paralysis of the Appellate Body has seriously undermined the effectiveness of this system. Nevertheless, the author emphasises the WTO dispute settlement system’s positive contribution to the liberalisation of agricultural trade, while also highlighting its impact on the development of agricultural law and policy at the national and EU levels.
Copyright (c) 2026 Tomasz Srogosz https://creativecommons.org/licenses/by/4.0
Current legal challenges in identifying and penalising the creation of artificial conditions to obtain payments under the EU’s Common Agricultural Policy
This study examines the identification and sanctioning, within Polish administrative and judicial practice, of beneficiaries creating so-called ‘artificial conditions’ under the European Union’s Common Agricultural Policy, as referred to in Article 4(3) of Regulation No 2988/95, Article 60 of Regulation No 1306/2013, and Article 62 of Regulation No 2021/2116. Two hypotheses relating to the Agency for Restructuring and Modernisation of Agriculture’s law enforcement practice are tested. One is that excluding the application of fundamental administrative procedure principles (Articles 7, 9, 10, 75(1), 77(1), 79a and 81 of the Code of Administrative Procedure) from the Agency’s proceedings infringes the right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union. The other is that the prevailing punitive interpretation in Poland, leading to the complete deprivation of support for beneficiaries creating ‘artificial conditions,’ is contrary to EU regulations and the principle of proportionality. In the context of the reference for a preliminary ruling submitted by the Supreme Administrative Court (Case I GSK 1486/22), the author advocates a corrective interpretation. According to this approach, establishing artificial conditions should result in the withdrawal only of the portion of aid constituting an unjustified surplus, rather than the entirety of the support granted.
Copyright (c) 2026 Przemysław Litwiniuk https://creativecommons.org/licenses/by/4.0
Capping as a new mandatory legal instrument for degressive area-based income support in the proposed Common Agricultural Policy 2028–2034
This article undertakes a legal analysis of the capping mechanism – the proposed mandatory upper limit on area-based income support for farmers – as a new element of the proposed DABIS (degressive area-based income support) instrument within the framework of the reform of the Common Agricultural Policy for the period 2028–2034. The aim of the article is to assess the compliance of the proposed mechanism with the principles of European Union (EU) law, in particular the principle of proportionality (Article 5(4) TFEU) and the prohibition of discrimination (Article 40(2) TFEU). The article analyses the case law of the Court of Justice of the European Union concerning the artificial conditions clause. The results of the analysis indicate that in principle, capping is consistent with the Treaty objective of ensuring a fair standard of living for the agricultural community; however, its effectiveness depends on the quality of secondary legislation preventing the artificial division of entities. Furthermore, it is pointed out that capping largely favours small and medium-sized farms which are eligible for aid from EU funds.
Copyright (c) 2026 Agata Niewiadomska https://creativecommons.org/licenses/by/4.0
The Omnibus package in EU food and feed law – balancing the competitiveness of the agri-food sector with consumer protection
This article aims to assess whether the legislative proposals included in the Omnibus package maintain a balance between enhancing the competitiveness of the EU agri-food sector and ensuring a high level of consumer protection. The analysis focuses, among other things, on changes to the system for the approval of active substances used in plant protection products, the risk assessment model, and their significance in the context of trade globalization, with particular reference to the phenomenon of so-called ‘boomerang pesticides.’ The proposed measures are intended to simplify and accelerate procedures and to strengthen the competitiveness of the sector. However, they also lead to a reduction in the systematic review of active substances and a gradual shift in the risk assessment model from a precautionary approach towards a more selective one. Moreover, the package does not appear capable of addressing the problem of ‘boomerang pesticides,’ as it maintains a discrepancy between the stringent requirements imposed on EU producers and the rules applicable to the import of food products into the EU market.
Copyright (c) 2026 Anna Kapała https://creativecommons.org/licenses/by/4.0
Mirror clauses and mirror measures as instruments for protecting the European model of agriculture
This study aims to characterise mirror clauses and mirror measures as instruments for protecting the European model of agriculture. The liberalisation of agri-food trade has coincided with the tightening of environmental, sanitary, and animal welfare standards within the EU. At the same time, however, it has revealed the problem of double standards and regulatory asymmetry. The article advances the thesis that mirror instruments constitute a necessary, but not sufficient, means of safeguarding the competitiveness of European agriculture. Two main categories of mirror instruments are identified: treaty obligations and unilateral EU acts with extraterritorial effect. Tariff conditionality mechanisms may perform a similar function. The analysis encompasses the legal foundations of World Trade Organization (WTO) law as well as European Union law and selected sectoral regulations.
Copyright (c) 2026 Radosław Pastuszko https://creativecommons.org/licenses/by/4.0