Journal of Agricultural and Environmental Law

The Separate Collection of Biodegradable Waste: The Case of Poland

2025-12-10T09:09:17+00:00

This article presents the principles of collecting biodegradable kitchen waste, including its storage and processing conditions. In Poland, bio-waste is classified as a selectively collected municipal waste fraction, which includes selectively collected bio-waste from hotels, restaurants and cafes (the HORECA sector). The legislator also classifies green waste generated on individual properties, as well as in cemeteries, parks etc., as bio-waste.

In Poland, bio-waste can be composted at source (but only in single-family housing), and is collected according to the rules set out in municipal resolutions, which define the frequency and method of collection (bags/containers) with considerable variation. Municipal resolutions also introduce the possibility of fee reduction for composting at source, as an economic incentive, and penalties as a sanctioning mechanism. The article also presents examples of good practices in this area, including pilot projects. The main challenge for Poland is awareness-raising due to the still insufficient public knowledge on waste segregation, including the separation of bio-waste fractions and their further proper processing in mechanical biological treatment installations and composting ‘at source’.

Analysis of a Separate Biodegradable Waste Collection System and Best Practices in the Czech Republic

2025-12-10T09:09:18+00:00

This article describes the Czech Republic’s system of separate collection of biodegradable municipal waste. Given the limited scope of the article, we focus on bio-waste, according to Article 3(4) of Directive 2008/98/EC of the European Parliament and the Council of 19 November 2008 on waste and repealing certain Directives as they constitute the vast majority of biodegradable municipal waste, while the remaining portion of biodegradable municipal waste (particularly textiles made from natural fibres) is subject to an entirely different method of processing. In the first section, we analyse the legal framework for separate collection of biowaste in the Czech Republic and the establishment of the system. The next sections describe the relevant strategies and plans. We then focus on the treatment of separately collected bio-waste in the Czech Republic. We also examine the various measures aimed at motivating citizens (financial instruments, awareness-raising, information campaigns). Subsequently, we focus on the problematic aspects of the legal regulation. Analysing the literature dealing with this issue in the Czech Republic, we present the health risks and other problems that are frequently encountered in practice and the measures to mitigate or avoid them.

Biodegradable Waste Management in Slovenia: Preserving Good Practices, Adapting to New Realities

2025-12-10T09:09:18+00:00

Following the revision of the Waste Framework Directive in 2023, the obligation for the separate collection of bio-waste was formally introduced in the EU. This revision mandates that all Member States, including Slovenia, establish systems for the separate collection of biodegradable waste. Within a broader comparative framework, this study outlines the key characteristics of biodegradable waste collection and treatment in Slovenia. Particular attention is devoted to the effectiveness of separate collection, treatment methods, composting, public information and communication strategies, and potential health concerns associated with the collection and processing of biodegradable waste.

Bridging the Gap Between Policy and Practice: Bio‐Waste Management in Slovakia

2025-12-10T09:09:18+00:00

Using a comprehensive analysis of the legal and practical dimensions of bio-waste management in Slovakia, this article highlights the relevant EU directives and national strategic documents and evaluates their transposition into the Slovak legal order. The article focuses on the implementation of separate bio-waste collection systems to reveal discrepancies in municipal performance, public engagement, and infrastructure availability. The study highlights key governance challenges, including legal vagueness, fragmented responsibilities, and insufficient oversight, while also presenting successful local practices to demonstrate the potential for improvement. Based on data from national authorities, academic research, and case studies, the article identifies critical barriers and offers recommendations for strengthening policy coherence, citizen participation, and the overall effectiveness of Slovakia’s bio-waste management in line with circular-economy objectives.

From Landfills to Composting: Challenges of Transforming Biodegradable Waste Management in Croatia

2025-12-10T09:09:18+00:00

As the youngest member of the European Union, Croatia has made considerable efforts to align its biodegradable-waste-management practices with EU legislation. This paper examines the development of Croatia’s legal and strategic framework from early national initiatives to the Waste Management Plan of 2023–2028. Despite legislative advancements, Croatia struggles with the implementation of waste management. Key issues include delays in adopting regulations and waste-management plans and insufficient infrastructure for composting and anaerobic digestion. The paper also explores successful practices, including public-awareness campaigns and financial incentives, which have contributed to improvements in separate bio-waste collection. Additionally, the paper addresses risks such as seasonal peaks in waste generation in tourist regions, public resistance to new facilities, and the accumulation of unsold compost. Recent policy measures, including the introduction of a landfill fee in 2025 and the anticipated Ordinance on HR fertilising products, are evaluated for their potential to improve outcomes. By analysing Croatia’s progress and setbacks, the paper contributes to the broader discourse on sustainable waste management in EU Member States and offers practical insights for policymakers and researchers to enhance biodegradable-waste-manage- ment systems in line with circular-economy principles.

Microplastic Pollution in Freshwater – Regulatory Barriers for Better Water Protection

2025-12-10T09:09:19+00:00

Water is an essential, limited natural resource, and yet its sustainability is being increasingly threatened by pollution, particularly from plastics. Rivers and lakes, as critical freshwater sources, are being heavily impacted by plastic waste, including microplastics, referring to tiny plastic particles that pose significant risks to aquatic life and water quality. Since water bodies often cross national borders, pollution in one region can have widespread consequences downstream, emphasising the need for coordinated international management and regulation in such contexts. Despite the rising awareness of plastic pollution, regulatory frameworks addressing microplastics in freshwater systems remain inadequate and fragmented. While global plastic production continues to rise, rivers continue to serve as major streams through which plastic waste gets transported from land-based sources to the oceans, making freshwater pollution a crucial but often overlooked contributor to marine pollution. However, the existing international agreements primarily focus on marine plastic pollution, leaving regulatory gaps in freshwater protection, and an international treaty regulating (micro)plastics remains to be developed. The existing international conventions relating to international waterways also do not regulate the problem of water pollution by (micro)plastics, and European and national regulations continue to be unsatisfactory. This paper explores the challenges of microplastic pollution in freshwater systems, focusing on regulatory barriers that hinder effective water protection. It examines the transboundary nature of water pollution, regulations of international watercourses, the limitations of existing legal frameworks, and the need for stronger international cooperation. By analysing key international conventions and policies, the paper highlights the urgency of establishing comprehensive regulatory measures that address microplastic contamination and safeguard freshwater ecosystems for future generations. The paper presents relevant provisions of international conventions, European legislation, and Croatian legal regulations.

Freshwater Pollution by Plastics – Transboundary Pollution and Liability

2025-12-10T09:09:19+00:00

This study examines the environmental and health risks posed by microplastics and plastics and analyses the existing legal framework addressing their impact. Microplastics are widespread pollutants affecting water sources, ecosystems, and potentially human health. Their presence in the freshwater and marine environments disrupts biodiversity, contaminates drinking water, and introduces toxic substances into food chains. Despite growing concerns, regulation remains challenging due to their mobility and persistence, as well as the lack of relevant data. This article thus analyses the legal liability for plastic pollution in view of international, European, and Czech environmental law. It also evaluates whether current regulations address the threats posed by microplastics adequately and explores possible legal measures to enhance environmental protection and liability.

Setting the Legal Basis in International Law for Liability for Transboundary Rivers Plastic Pollution

2025-12-10T09:09:19+00:00

This article examines the issue of plastic pollution in rivers, studying various perspectives to provide a comprehensive understanding of the problem. Data on the volume of plastic pollution are presented, including the sources and consequences of this pollution in rivers. This research demonstrates the magnitude of the problem of river plastic pollution, and the challenges associated with conducting reliable research. Furthermore, the various measures adopted by countries to reduce plastic production, use of disposable plastic products, and the sealing of plastic management processes have been identified. Two types of legal acts are identified at the international level: those that address river management issues, the most important being the 1992 and 1997 Conventions. However, these conventions are not global and their geographical application is limited. Conventions with a global dimension, such as the Basel Convention or the Stockholm Convention on Persistent Organic Pollutants (POPs), partially address the issue of plastics.

This article proposes that solving the problem of river plastic pollution requires coherent solutions (at the national and international level) and efficient management of trans- boundary rivers – at the transboundary level and extended to the global level. The development of legal regulations in these areas will likely contribute towards strengthening the basis for bearing responsibility for plastic pollution. Examples of such responsibility are cited in the article, but they refer to national laws.

One System, Many Rules: A Critical Examination of Environmental Remedial Measures in the Czech Republic

2025-12-10T09:09:20+00:00

This article critically examines the fragmented legal framework governing environmental remedial measures in the Czech Republic. It also analyses the multiple legislative acts under which such measures can be imposed, including the overarching Act on the Environment, the specific Act on the Prevention of Environmental Damage (largely unused in practice), numerous component-specific laws (e.g. water, forests, nature protection), and regulations concerning historical environmental burdens (‘old ecological burdens’) predating privatisation. The analysis highlights the lack of a unified definition and procedure for remedial measures, the inconsistent application of the ‘polluter pays’ principle, issues surrounding the transfer of liability (particularly concerning privatised property and legal succession), and the practical challenges faced by administrative authorities. Despite legal fragmentation, the administrative data suggest that the remedial measures under specific acts are frequently imposed, albeit with limited recourse to appeals or judicial review, thus raising questions about enforcement effectiveness. The article further explores the impact of court proceedings, including the rare granting of suspensive effect to administrative complaints, and the interplay between public law obligations and private law claims. Finally, it addresses the implications of this complex regulatory landscape from a real estate perspective, considering disclosure requirements, the role of public databases such as SEKM, and the impact of environmental burdens on property marketing and valuation.

From Pixels to Policy to the Court: The Current Legal and Jurisdictional Landscape of the Use of Remote Sensing Data for Environmental Protection in the EU

2025-12-10T09:09:20+00:00

The paper analyses the legal framework for the collection and distribution of remote sensing data, particularly in the field of sustainable development and environmental protection at the European level. The research firstly focuses on the historical evolution of space law at the international, European, and national levels, starting from the 1970s. In parallel, environmental law has rapidly developed since the Stockholm Conference of 1972, with thousands of sources regulating aspects related to nature, the environment, and sustainable development. However, the effectiveness of environmental law remains a challenge due to technical difficulties, high costs, and a lack of awareness at all levels. To overcome these obstacles, remote sensing offers valuable information for environmental policies, from conception to implementation. Therefore, satellite observation is considered to analyse whether the data obtained through remote sensing can have a real impact on environmental protection, supporting this sometimes-flawed legislation. A legal framework was established with UN Resolution 41/65 in 1986, defining principles of cooperation and access to satellite data, particularly for natural disasters. Europe, through its institutions and policies, plays a key role in the development of environmental law and the promotion of new technologies to facilitate the application of these rules and the deployment of ambitious policies. A preliminary question is whether European institutions are the most suitable legislative and judicial level to ensure environmental compliance or if controls and decision-making at the local level are more effective, although this effectiveness is difficult to assess. Regarding the use of remote sensing, despite the growing availability of satellite data and a move towards an ‘Open Data’ system promoting sharing, use, and archiving of these data through a favourable European framework, legal and technical constraints hinder free use in all areas. Limitations may exist due to risks to privacy or intellectual property. Additionally, certain applications of satellite data remain underutilised due to prohibitions related to national security or diplomatic reasons. One of the main obstacles at the member state level of the European Union is the reluctance of legal bodies and the courts to accept satellite data as evidence, often due to a lack of understanding of the technology and concerns about data accuracy and confidentiality. Furthermore, cost and technical complexity issues limit the widespread adoption of these technologies. From a legal and academic perspective, it is interesting to compare the approaches of member states, in light of the different rules of civil, criminal, and administrative procedure, and to identify anomalies or barriers to the admissibility of evidence from remote sensing. In conclusion, data derived from remote sensing offers powerful tools for environmental protection, but their effective use requires international cooperation, robust legal frameworks, and increased stakeholder awareness. To maximise the impact of these technologies, it is essential to overcome legal and technical obstacles and encourage broader and more informed adoption of these innovative tools, harmonising the practices of member states.

Peculiarities of the Privatisation of Agricultural Land in Ukraine

2025-12-10T09:09:21+00:00

In 1992, private and collective forms of land ownership were introduced to create conditions for privatising agricultural lands in Ukraine. According to Ukrainian legislation, there were two main methods of land privatisation, designed for conducting commercial agricultural production. First, the state initiated the transfer of agricultural lands for farming to citizens from reserve and reserve funds. Second, the state implemented a series of measures to grant the members of agricultural enterprises the status of landowners for the lands they had been using. By the time the state monopoly on land was abolished in 1992, almost all lands suitable for agricultural production had been put into operation by collective agricultural enterprises created on the basis of former state arms and collective farms. Therefore, privatising the land holdings of collective agricultural enterprises became a primary focus. The privatisation of land that was under the use of agricultural enterprises is the most complex, time-consuming, and phased process of land reform that a country can undergo.

Water Protection Litigation in Slovenia

2025-12-10T09:09:21+00:00

This article explores the possibilities for the private enforcement of the constitutional right to drinking water in Slovenia, enshrined in Article 70.a of the Constitution. Through an analysis of constitutional, civil, and administrative legal frameworks, it identifies both the structural availability and the practical limitations of existing mechanisms. While Slovenia offers several legal avenues for water-related litigation, their effectiveness is often hampered by procedural barriers, evidentiary challenges, and the absence of coherent implementing legislation. Particular attention is given to the role of the Constitutional Court and the underutilized potential of administrative remedies based on the Environmental Protection Act. Civil litigation, though possible in cases of identifiable harm, remains constrained by the inherent limits of tort law. The article argues that for Article 70.a to have meaningful legal effect, legislative reform and more active judicial engagement are essential.

An Overview of Inheritance of Agricultural Land in Turkish Law

2025-12-10T09:09:21+00:00

Agricultural land in Turkey has been fragmented as a result of the application of equal inheritance rules. It has adversely affected productivity and the sustainability of the rural sector. As such, Law No. 5403 introduced a compulsory transfer system that showed a preference for single-heir succession. The current research assesses the legal and constitutional basis for this reform, especially regarding conformity with Articles 13, 35, and 44 of the Turkish Constitution and as understood within European inheritance practices influenced by the Common Agricultural Policy (CAP). The system aligns with international standards and therefore serves a legitimate public interest; however, it raises concerns of social justice for women and the non-inheriting heirs. The study reaches the conclusion that the legal reform alone is insufficient without implementing complementary social policies to either ensure that land consolidation ensues or that equitable rural development takes place.

The Impact of Environmental Degradation on Children’s Rights in Central Europe

2025-12-10T09:09:22+00:00

This article reframes environmental degradation as not just an ecological or economic issue, but fundamentally a children’s rights concern. Around the world, courts and international bodies are recognising that a safe, clean, and sustainable environment is essential for the fulfilment of fundamental human rights. Children are among the most vulnerable to environmental harm, bearing disproportionate impacts of pollution, climate change, and resource depletion. As future generations, children have a critical stake in environmental protection, raising questions of intergenerational justice and the duty of today’s decision-makers to safeguard tomorrow’s world. This article provides an in-depth legal analysis of the recognition of environmental rights as human rights, with a special focus on how environmental degradation affects children’s rights. It offers a comparative survey of international law, examines leading case law (international and domestic, especially in Central Europe), explores theoretical frameworks like intergenerational equity, and assesses regional implementation in Slovakia, Czechia, Poland, and Hungary. The article concludes with de lege ferenda recommendations for reforms to ensure the right of every child to a healthy environment across the region.

The Dilemmas of Agricultural Constitutionalisation in Hungary

2025-12-10T09:09:22+00:00

In this study, we review the constitutional process of 2010–2011 in Hungary, which preceded the adoption of the Fundamental Law, focusing on how issues related to agriculture appeared in the work of various professional and political bodies during the constitution-making process. In this context, the study examines the relationship between agricultural law and constitutional law by analysing the process that led to the adoption of the Fundamental Law of Hungary. In our analysis, we primarily apply historical, teleological, and systematic methods of legal interpretation. The study is timely, as no work has yet examined this type of relationship between constitutional law and agricultural law in connection with the constitution-making process.

Eternal Stewardship in Law: The Legal Concept and Temporal Aspects of Sustainable Development

2025-12-10T09:09:22+00:00

Although sustainable development is a late twentieth-century construct, its foundations can be traced to classical legal cultures, particularly Roman and Jewish law, which embedded resource stewardship, communal access, and intergenerational equity. Contemporary legal discourse presents numerous definitions; this study therefore conducts a selective comparative analysis, emphasizing the Hungarian legislative definition and its environmental focus. The research demonstrates that a precise and unambiguous definition of sustainable development is essential, as the pathway toward sustainability remains unclear without it. It is not enough to ensure “the long-term” improvement of quality of life and preservation of biodiversity, it is crucial to prevent the collapse of ecological systems. In the context of sustainability, the temporal dimension emerges as paramount, necessitating a perspective “sub specie aeternitatis” – that is, an orientation toward the perpetual existence of humankind, framed within the horizon of eternity. Although the tendencies appear unfavorable, or even hopeless, there remains potential for a positive outcome.

On the Introduction of the Social Conditionality System and the Importance of the Obligation to Provide Information

2025-12-10T09:09:23+00:00

The agricultural sector presents distinct characteristics when examined through the lens of labour law in comparison to other sectors I have investigated. The inherently seasonal nature of employment within this sector often leads to the relaxation of labour law protection mechanisms, although principles of occupational safety are generally upheld. Regarding simplified employment arrangements, the Labour Code itself stipulates exemptions from stringent regulations to enhance flexibility. The implementation of a social conditionality system prompted me to reassess the completeness and accuracy of my prior perspectives concerning the significance of fundamental values. Specifically, these values encompass good faith, fairness, equality, justice, security, and the enduring, unconditional principles capable of addressing all labour law challenges as they encompass the full range of labour law considerations. Beyond these fundamental values, I have come to recognise that, in contexts of mutual interdependence, the involved parties can sustain their interests in contract preservation through collective bargaining and consultative processes among social partners, even amidst challenging circumstances, in accordance with prevailing economic conditions. Nevertheless, it is uncommon within the agricultural sector to organize and collaborate for the enhancement of working conditions. Reports frequently highlight the scarcity and high cost of seasonal agricultural workers. Hence, what measures can ensure security for agricultural workers? I contend that one potential solution lies in the obligation of the parties to furnish information, which serves as a foundational element for cooperation. This study examines this institution within the framework of adherence to the stipulations outlined in the regulation on social conditions.

Reflections on Employment Violations in the Agricultural Sector in Hungary in Light of the EU’s Social Conditionality Framework

2025-12-10T09:09:23+00:00

The legal framework for social conditionality within the European Union entered into force on 1 January 2025. Under these provisions, the Common Agricultural Policy (CAP) will undergo significant changes and could have important consequences if farmers and other beneficiaries are to receive direct payments or annual payments if certain standards are breached. In light of this, we have undertaken an analysis of the current state of employment practices within the agricultural sector, with the aim of providing a snapshot of the extent to which employers may need to adapt their workplace practices in the near future in order to avoid jeopardizing their eligibility for financial support.

Towards Full Employment? The Idea of the Job Guarantee in Europe and the Solution of Hungary

2025-12-10T09:09:24+00:00

The growing phenomenon of unemployment is holding back the development and performance of the European Union as a whole, especially long-term unemployment. In view of this, governments are trying to promote employment in various ways, to which the idea of a job guarantee scheme now seems like a holy grail. Both the foreign literature and the social partners see this as a solution, and the paper will therefore present the essence of this concept, its implications and characteristics, particularly with regard to green and sustainable employment policies. It will then be compared with similar Hungarian public employment schemes, which have been in existence for several years, thus highlighting the potential weaknesses and challenges of the ‘new’ concept.

Does Hard Work Truly Pay Off? Examining the Legal Landscape and Contemporary Challenges of Agricultural Employment in Romania

2025-12-10T09:09:24+00:00

Romania is often described as a highly agricultural country, being one of the largest cereal producers in the EU and the leading producer of sunflower seeds, honey, and plums. If this is the case, it stands to reason that employment in the agri-food sector plays a significant role in the occupation of the active population.

Building on this observation, our study analyses the types of employment specific to the Romanian agricultural sector, alongside the most topical labour law issues it raises, with the aim of identifying both the potential positive aspects and pitfalls associated with work in this sector. Our hypothesis is that, due to the specific nature of agricultural activities and the structural characteristics of the Romanian agricultural system, the employment relationship based on an individual employment contract – as defined by the Labour Code – may not always provide a sufficiently flexible framework for the agricultural sector. Consequently, other atypical forms of employment are often necessary. Therefore, our research does not examine the typical employment relationships governed by individual employment contracts, as the focus is on those specific forms of employment that have emerged in the agricultural sector and are regulated in light of the characteristics of this area of activity. With this in mind, we direct our attention to day labour, self-employment, and cooperative work, drawing on the historical, legal, and general economic analysis outlined in the study.