Spółdzielnie socjalne prowadzące działalność rolniczą – wybrane problemy prawne

Abstract

The purpose of the article is, first of all, to evaluate the rules concerning an agricultural activity run by social cooperatives and, secondly, to identify legal issues associated with setting up and running an activity by these entities, and to make an attempt to solve these problems. The first part of the article focuses on setting up a cooperative and on its members, especially people with disabilities, farmers and household members with the status of the unemployed. It presents some selected court decisions. Then, the paper discusses the issue of running an agricultural activity by social cooperatives. It raises the question of land contributions and tries to determine whether social cooperatives running an agricultural activity can be regarded as agricultural production cooperatives. This classification is important in terms of exercising the right of preemption in the event of sales of a land contribution or leased agricultural lands. Then, the paper focuses on the issue of de minimis aid and de minimis aid in agriculture. In conclusion, the author puts forward de lege ferenda proposals concerning preemption right in respect of a social cooperative. She also calls for the introduction of other legal instruments supporting the entity in question, e.g. greater opportunities to enlarge farms by the acquisition or lease of lands from the Agricultural Property Agency.