Ochrona środowiska za pomocą instrumentów prawno-finansowych Wspólnej Polityki Rolnej

Abstract

Environmental protection is an integral part (component) of actions as well as financial and legal instruments undertaken in the course of the two pillars of the Common Agricultural Policy: market and income policy and rural development policy. Such protection is the aim pursued in the programs and legal regulations of the Common Agricultural Policy, and legal mechanisms of environmental protection, act as instruments of the Common Agricultural Policy, giving reasonable assurance, flexible but effective protection of the various elements of the natural environment. Imposing an obligation to protect the environment is justified in the concept of sustainable development of agriculture, as such development meets the needs of future generations. Connection between the obligation to protect the environment, which is the public aim, with economic activity in the private farmstead, does not raise doubts from the point of view of the principles of distributive justice. The legal construction that explains such a solution is, proposed by A. Stelmachowski, the concept of agricultural property, as a complex of rights and obligations determining the legal situation of the entity – the owner of the farm. A characteristic feature of agricultural property is that these obligations relate not only to specific individuals, but to the State representing the public interest of society as a whole. In exchange for the due performance of agricultural property, the owner has the right to expect assistance from the state, when they exercise their ownership rights.