european constitutional provisions addressing agriculture

EUROPEAN CONSTITUTIONAL PROVISIONS

ADDRESSING AGRICULTURE

Legal Memoranda

March 2014

European Constitutional Provisions Addressing Agriculture, March 2014

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EUROPEAN CONSTITUTIONAL PROVISIONS ADDRESSING AGRICULTURE

Statement of Purpose

The purpose of this chart is to examine how European states address agriculture in their state constitutions.

Introduction

In order to accede to the European Union (EU), states must adopt and effectively implement the acquis communitaire (acquis), which refers to the entire body of European law.1

Chapter 11 of the acquis contains the EU’s Common Agricultural Policy (CAP), which regulates the European market for agricultural products.2 The goals of the CAP shift over time in

accordance with regional needs.3 Since the late 1990s, the CAP has promoted the competitiveness of European agriculture by assisting farmers in tailoring their production to market

demand, diversifying, and improving product marketing.4 EU states often must strengthen their agricultural policy institutions in order to comply with the CAP. To accomplish this,

states can: (1) constitutionally grant power over agricultural policy to the state; (2) legislatively empower a central agency to control agricultural policy; or (3) create strong state

institutions and coordination mechanisms, while allowing sub-state units substantial authority over agricultural policy.

State

CONSTITUTIONAL COMPARISON CHART

State-Level Provisions Sub-State Provisions General Provisions

ALBANIA “The state, within its constitutional powers and the

means at its disposal, and to supplement private

initiative and responsibility, aims at . . . a healthy

and ecologically adequate environment for the

present and future generations; the rational

exploitation of forests, waters, pastures and other

natural resources on the basis of the principle of

sustainable development.”5

AUSTRIA The Federation creates legislation regarding

professional associations in the field of agriculture

and forestry.6

The Federation creates legislation regarding the

principles of business related to labor and protecting

workers and employees engaged in agriculture and

forestry.7

The Länder are responsible for implementing the

Federation's laws regarding professional associations

in the field of agriculture and forestry.8

The Länder are responsible for implementing the

Federation's laws regarding the principles of business

related to labor and protecting workers and

employees engaged in agriculture and forestry.9

1 European Council, Santa Maria da Feira European Council 19-20 June 2000: Conclusions of the Presidency, 16 (2000), available at http://www.europarl.europa.eu/summits/fei1_en.htm. 2 Emil Erjavec and Dragi Dimitrievski, EU Common Agricultural Policy and Accession Tasks for Western Balkan’s Countries, in WESTERN BALKAN AGRICULTURE AND EUROPEAN INTEGRATION 1, 2 available at

http://www.agroedu.net/basic/publication/English.pdf#page=6. 3 Originally the goals of the CAP were laid out in Article 33 of the Treaty of the European Union (TEU) and included: increasing agricultural productivity, ensuring a fair standard of living for the agricultural community, stabilizing markets, assuring the

availability of supplies, and ensuring that supplies reach consumers at reasonable prices. These goals have widely been achieved in the last decades, which has led the EU to focus on new goals. See Gerritt Meester, Future development and policies, in EU

POLICY FOR AGRICULTURE, FOOD AND RURAL AREAS 403, 403 (Arie Oskam, Gerrit Meester and Huib Silvis, eds., 2010). 4 European Commission, The Common Agricultural Policy Explained, 7, available at http://ec.europa.eu/agriculture/publi/capexplained/cap_en.pdf. 5 ALBANIA CONST. art. 59(1) (2007), available at http://www.osce.org/albania/41888. 6 AUSTRIA CONST. art. 11(2) (2009), available at http://www.ris.bka.gv.at/Dokumente/Erv/ERV_1930_1/ERV_1930_1.html. 7 AUSTRIA CONST. art. 12(6) (2009). 8 AUSTRIA CONST. art. 11(2) (2009).


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State



BELGIUM “In the exercise of their respective competences, the

Federal State, the Communities and the Regions pursue

the objectives of sustainable development in its social,

economic and environmental aspects, taking into account

the solidarity between the generations.”10

BULGARIA “Arable land shall be used for agricultural purposes only.

Any change in purposes shall be allowed only in

exceptional circumstances, when necessity has been

proven, and on terms and by a procedure established by a

law.”11

CROATIA “The sea, seashore and islands, waters, air space,

mineral wealth and other natural resources, as well as

land, forests, fauna and flora, other parts of nature, real

estate and goods of special cultural, historic, economic

or ecological significance which are specified by law

to be of interest to the Republic of Croatia shall enjoy

its special protection. The way in which goods of

interest to the Republic of Croatia may be used and

exploited by bearers of rights to them and by their

owners, and compensation for the restrictions imposed

on them, shall be regulated by law.”12

CYPRUS “In the event of agricultural reform, lands shall be

distributed only to persons belonging to the same

Community as the owner from whom such land has been

compulsorily acquired.”13

FRANCE “Public policies shall promote sustainable development.

To this end they shall reconcile the protection and

enhancement of the environment with economic

development and social progress.”14

GERMANY The Federation and the Länder have concurrent

legislative powers regarding the “promotion of

agricultural production and forestry.”15

The Federation and the Länder have concurrent

legislative powers regarding the “promotion of

agricultural production and forestry.”16

9 AUSTRIA CONST. art. 12(6) (2009). 10 BELGIUM Const. art. 7(BIS) (2012), available at http://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/grondwetEN.pdf. 11 BULGARIA CONST. art. 21(2) (2007), available at http://www.parliament.bg/en/const. 12 CROATIA CONST. art. 52 (2001), available at http://www.constitution.org/cons/croatia.htm. 13 CYPRUS CONST. art. 23(6) (2013), available at http://www.presidency.gov.cy/presidency/presidency.nsf/all/1003AEDD83EED9C7C225756F0023C6AD/$file/CY_Constitution.pdf. 14 FRANCE CONST. Charter for the Environment art. 6 (2008), available at http://www.conseil-constitutionnel.fr/conseil-constitutionnel/english/constitution/constitution-of-4-october-1958.25742.html. 15 GERMANY CONST. art. 74(16) (2012), available at http://www.gesetze-im-internet.de/englisch_gg/basic_law_for_the_federal_republic_of_germany.pdf. 16 GERMANY CONST. art. 74(16) (2012).


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GREECE “The protection of the natural and cultural

environment constitutes a duty of the State and a

right of every person. The State is bound to adopt

special preventive or repressive measures for the

preservation of the environment in the context of

the principle of sustainable development. Matters

pertaining to the protection of forests and forest

expanses in general shall be regulated by law. The

compilation of a forest registry constitutes an

obligation of the State. Alteration of the use of

forests and forest expanses is prohibited, except

where agricultural development or other uses

imposed for the public interest prevail for the

benefit of the national economy.”17

“Agricultural and urban cooperatives of all types shall be

self-governed according to the provisions of the law and

of their statutes: they shall be under the protection and

supervision of the State which is obliged to provide for

their development.”18

“The redistribution of agricultural areas for the purpose of

exploiting the land more profitably, as well as the

adoption of measures to prevent excessive parcelling or to

facilitate restructuring of small parcelled farm holdings,

shall be allowed in accordance with the procedure

specified by special law.”19

HUNGARY The state is obliged to protect and preserve natural

resources, such as arable land, for future

generations. Setting limits and conditions for

acquiring ownership and the use of arable land is

necessary to protect and preserve the natural

resources. The rules for the organization of the

integrated agricultural production and other

agricultural holdings is set in a cardinal Act.20

“Hungary shall further [the right to physical and mental

health] by an agriculture which is free of genetically

modified organisms, by ensuring access to healthy food

and drinking water, by organizing safety at work and

healthcare provision, by supporting sports and regular

physical exercise, as well as by ensuring the protection of

the environment.”21

IRELAND One of the five panels that Members of the Irish

Senate are selected from consists of candidates who

have knowledge and practical experience in

agriculture and fisheries.22

17 GREECE CONST. art. 24(1) (2008). 18 GREECE CONST. art. 12(4) (2008), available at http://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-156%20aggliko.pdf. 19 GREECE CONST. art. 18(4) (2008). 20 HUNGARY CONST. art. P (2011), available at http://www.mkab.hu/rules/fundamental-law. 21 HUNGARY CONST. art. XX (2011). 22 IRELAND CONST. art. 18(7)(1)(ii) (2012), available at https://www.constitution.ie/Documents/Bhunreacht_na_hEireann_web.pdf.


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State



ITALY Legislative powers shall be vested in the State and

the Regions in compliance with the Constitution

and with the constraints deriving from EU

legislation and international obligations.23

The State has exclusive legislative powers in the

following matters . . . protection of the environment,

the ecosystem and cultural heritage.24

Concurring legislation applies to the following

subject matters . . . regional land and agricultural

credit institutions. 25

In the subject matters covered by concurring

legislative powers are vested in the Regions, except

for the determination of the fundamental principles,

which are laid down in State legislation.26

Legislative powers shall be vested in the State and

the Regions in compliance with the Constitution and

with the constraints deriving from EU legislation and

international obligations.27

Concurring legislation applies to the following

subject matters . . . regional land and agricultural

credit institutions.28

In the subject matters covered by concurring

legislative powers are vested in the Regions, except

for the determination of the fundamental principles,

which are laid down in State legislation.29

For the purpose of ensuring the rational use of land and

equitable social relationships, the law . . . sets limitations

to the size of property according to the region and the

agricultural area . . .30

LITHUANIA “The State shall take care of the protection of the

natural environment, wildlife and plants, individual

objects of nature and areas of particular value and

shall supervise a sustainable use of natural

resources, their restoration and increase.”31

LUXEMBOURG “The law guarantees freedom of trade and industry, the

exercise of the professions and of agricultural labor,

subject to any restrictions that may be imposed by the

legislature.”32

MACEDONIA “In units of local self-government, citizens directly

and through representatives participate in decision-

making on issues of local relevance particularly in

the fields of . . . urban and rural planning . . . and

other fields determined by law.”33

“[P]roper urban and rural planning to promote a congenial

human environment, as well as ecological protection and

development.”34

23 ITALY CONST, art. 117(s) (2012), available at https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf. 24 ITALY CONST, art. 117(s) (2012). 25 ITALY CONST, art. 117(s) (2012). 26 ITALY CONST, art. 117(s) (2012). 27 ITALY CONST, art. 117(s) (2012). 28 ITALY CONST, art. 117(s) (2012). 29 ITALY CONST, art. 117(s) (2012). 30 ITALY CONST, art. 44 (2012). 31 LITHUANIA CONST. art. 54 (1992), available at http://www3.lrs.lt/home/Konstitucija/Constitution.htm. 32 LUXEMBOURG CONST. art. 11(6) (2009), available at http://www.servat.unibe.ch/icl/lu00000_.html. 33 MACEDONIA CONST. amendment XVII art. 1 (2001). 34 MACEDONIA CONST. art. 8 (2001), available at http://www.sobranie.mk/en/?ItemID=9F7452BF44EE814B8DB897C1858B71FF.


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MONTENEGRO “The conviction that the state is responsible for the

preservation of nature, sound environment,

sustainable development, balanced development of

all its regions and the establishment of social

justice.”35

POLAND “The basis of the agricultural system of the State

shall be the family farm.”36

PORTUGAL “In pursuit of the agricultural policy objectives the

state shall provide preferential support to small and

medium-sized farmers, particularly when they are

integrated into family farming units, are sole

farmers or are associated in cooperatives, as well as

to agricultural workers’ cooperatives and other

forms of worker operation.”37

“The objectives of the agricultural policy shall be to

increase agricultural production and productivity by

providing agriculture with adequate infrastructures and

human, technical and financial resources that will work

towards an increase in competitivity and to ensure the

quality of its products, their effective marketing and sale,

an improved supply for the country and a rise in exports . .

. [t]o create the conditions needed to achieve effective

equality between those who work in agriculture and other

workers and to prevent the agricultural sector from being

disadvantaged in its exchanges with other sectors . . . .”38

Rural workers and farmers shall be able to participate in

drafting agricultural policy through agricultural

organizations that represent them.39

SERBIA “Autonomous provinces shall, in accordance with

the Law, regulate the matters of provincial interest in

the following fields . . . agriculture, water economy,

forestry, hunting, fishery. . .”40

Municipalities shall, through its bodies and in

accordance with the Law, protect and improve the

use of agricultural land.41

“Utilisation and management of agricultural land, forest

land and municipal building land on private assets shall be

permitted. The Law may restrict the models of utilisation

and management, that is stipulate terms of utilisation and

management, in order to eliminate the danger of causing

damage to environment or prevent violation of rights and

legally based interests of other persons.”42

35 MONTENEGRO CONST. preamble (2007), available at http://www.comparativeconstitutionsproject.org/files/Montenegro_2007.pdf. 36 POLAND CONST. art. 23 (1997), available at http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm. 37 PORTUGAL CONST art. 97(1) (2005). 38 PORTUGAL CONST art. 93(a), (c) (2005), available at http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf. 39 PORTUGAL CONST art. 98 (2005). 40 SERBIA CONST art. 183(2) (2006). 41 SERBIA CONST art. 190(7) (2006). 42 SERBIA CONST art. 88 (2006), available at http://www.srbija.gov.rs/cinjenice_o_srbiji/ustav.php.


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SLOVAKIA “The State sees to the economical use of the natural

resources and the economical balance and active

care of the life environment and safeguards the

protection of certain kinds of plants and freely

living animals.”43

SLOVENIA Article 71: “The law shall establish special conditions for

land utilisation in order to ensure its proper use.”44

“Special protection of agricultural land shall be provided

by law.”45

SPAIN The public authorities shall promote the

modernization and development of all economic

sectors and, in particular, of agriculture, livestock

raising, fishing and handicrafts, in order to bring the

standard of living of all Spaniards up to the same

level.46

The Autonomous Communities may assume

competences over agriculture and raising livestock in

accordance with the general state economic

planning.47

SWEDEN “The Riksdag48 shall appoint the following fifteen

committees no later than the eighth day following

the first meeting of the Chamber in the electoral

period of the Riksdag . . . a Committee on

Environment and Agriculture . . .”49

“The Committee on Environment and Agriculture

shall prepare matters concerning: (1) agriculture,

forestry, horticulture, hunting and fishing; (2)

meteorological services; (3) nature conservation;

and (4) other environmental protection questions

not falling to any other committee to prepare.

Matters concerning appropriations falling within

expenditure areas 20 General environmental

protection and nature conservation; and 23

Agricultural sciences, rural areas and food are

prepared by the Committee on Environment and

Agriculture.”50

43 SLOVAKIA CONST. art. 44(4) (1992), available at http://www.slovakia.org/sk-constitution.htm. 44 SLOVENIA CONST. art. 71 (2006), avaiable at http://www.us-rs.si/en/about-the-court/legal-basis/constitution/. 45 SLOVENIA CONST. art. 71 (2006). 46 SPAIN CONST. art. 130(1) (2011), available at http://www.congreso.es/portal/page/portal/Congreso/Congreso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf 47 SPAIN CONST. art. 148(7) (2011). 48 State legislative assembly in Sweden 49 SWEDEN CONST. Riksdag Act, supp provisions 4.2.1(13) (2012), available at http://www.riksdagen.se/Global/dokument/dokument/laws/the-riksdag-act-2012.pdf. 50 SWEDEN CONST. Riksdag Act, supp provisions 4.6.13 (2012).


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SWITZERLAND “The Confederation shall ensure that agricultural

sector, by means of a sustainable and market oriented

production policy, makes an essential contribution

towards: (a) the reliable provision of the population

with foodstuffs; (b) the conservation of natural

resources and the upkeep of the countryside; (c)

decentralised population settlement of the country.”51

“In addition to the self-help measures that can

reasonably be expected in the agriculture sector and

if necessary in derogation from the principle of

economic freedom, the Confederation shall support

farms that cultivate the land.”52

“The Confederation shall organise measures in such

a manner that the agricultural sector fulfils its multi-

functional duties. It has in particular the following

powers and duties: (a) supplementing revenues

from agriculture by means of direct subsidies in

order to achieve of fair and adequate remuneration

for the services provided, subject to proof of

compliance with ecological requirements; (b)

encouraging by means of economically

advantageous incentives methods of production that

are specifically near-natural and respectful of both

the environment and livestock; (c) legislating on

declarations of origin, quality, production methods

and processing procedures for foodstuffs; (d)

protecting the environment against the detrimental

effects of the excessive use of fertilisers, chemicals

and other auxiliary agents; (e) at its discretion,

encouraging agricultural research, counselling and

education and subsidise investments; (f) at its

discretion, legislating on the consolidation of

agricultural property holdings.”53

“For these purposes, the Confederation shall

provide both funds earmarked for the agricultural

sector and general federal funds.”54

51 SWITZERLAND CONST. art. 104(1) (2002), available at http://www.admin.ch/ch/e/rs/1/101.en.pdf.


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UNITED

KINGDOM

Agriculture Act of 1947 provides the foundation for

modern agriculture management within the United

Kingdom.55

52 SWITZERLAND CONST. art. 104(2) (2002). 53 SWITZERLAND CONST. art. 104(3) (2002). 54 SWITZERLAND CONST. art. 104(4) (2002). 55 The Agriculture Act of 1947 (United Kingdom, 1947), available at http://www.legislation.gov.uk/ukpga/1947/48/pdfs/ukpga_19470048_en.pdf.