Template-type: ReDIF-Article 1.0 Author-Name: Francesco Adornato Title: Editoriale: Farina o benzina? Il contributo dell?agricoltura ad un nuovo modello di sviluppo Abstract: Classification-JEL: Keywords: Note: Pages:5-8 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35798&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001001 Number: 1 Template-type: ReDIF-Article 1.0 Author-Name: Ferdinando Albisinni Author-Name: Alessandro Sorrentino Title: Il primato delle istituzioni nella riforma della Pac Abstract: Primacy of Institution in the Reformed Cap - Recent years have seen dramatic and continuous reforms of the European discipline of agriculture, both in the first and in the second pillar, in significant connection with the enlargement of the EC to new member States. The process, still far from being completed, concerns many disciplinary areas, including: economics, governance and distribution of powers, as well as relations among individuals. The result is a new model of "plural" regulation, a "flexible droit" as defined with a suggestive imagine by a French author (Carbonnier). This contributions aims to analyse: the influence of reformed Cap on the institutional framework and the governance model of an enlarged Europe in a world market. A prominent character of the reform has been the marked "renationalisation" in domestic implementation of Cap, with the introduction of several policy options having significant distributional implications. Member States have wide margins of manoeuvre to link financial support to subjective and objective prerequisites and to direct benefits towards selected beneficiaries. This flexibility determines a mise en ouvre not uniform in the Member States, with relevant differences with respect to the recent past. Subsidiarity, Complementarity, Partnership, Non-Discrimination, Fair Cooperation have an impact both on the substance of the choices as well on the distribution of competences and powers among public and private actors at national, regional, and local levels. The outcome brings forward an European discipline of agriculture, which is common for Member States but not necessarily uniform. National choices, even in a strongly decoupled frame, might affect the "equal treatment between farmers" as well as "market and competition". But what is the real economic and political meaning for "equal treatment between farmers" as well as for "market and competition"? and how such concerns are related to the specific CAP concerns within a whole objective function? Tentative answers to these questions may come from the comparative analysis, both economic and juridical, of the Institutions of European agriculture, at common, national and local level. Parole chiave: istituzioni, autonomia, diritto comune europeo, leale collaborazione, sistema di governo. Key words: institutions, autonomy, common European law, fair cooperation, governance. Classification-JEL: Keywords: Note: Pages:9-31 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35799&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001002 Number: 2 Template-type: ReDIF-Article 1.0 Author-Name: Giuseppe Ferrara Title: Impresa agricola e produzione di energia Abstract: Factory Farm and Production of Electric Energy - The article 1, par. 369 of the 296/2006 act definies as agricultural industry: the production and cession of electric and caloric energy originated from forest renewable sources; the production and the commercialization of chemical products derived from agricultural produce coming from the cultivated land; and the production and the cession of electric and caloric energy originated from photovoltaic sources. Therefore, the normative reveals the multifunctionality and the pluriactivity of the factory farm: it reconducts the production of not foodstuffs goods, as the electric energy, the fuels and the chemical products, to the agricultural firm. Legislator intend to stimulate these activities also through the tax lever, providing for these activities produce agricultural income. With regard to it, the provision (of the law) causes some doubts concerning his compatibility with the constitutional dictation (artt. 3 and 53 Const.), in our opinion, in particulary with reference to the activity of photovoltaic energy production and cession. Key words: factory farm, photovoltaic energy, multifunctionality, pluriactivity. Classification-JEL: Keywords: Note: Pages:33-47 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35800&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001003 Number: 3 Template-type: ReDIF-Article 1.0 Author-Name: Francesco Bruno Title: La tutela giuridica dell?ambiente marino tra diritto interno e internazionale Abstract: The Legal Protection of the Sea Environment within Italian and International Law - Actually sea fishing has such economic, social and ecological dimensions that it?s in the middle of political debate. It may be considered an "integrated system" among national, european and international environmental policies. The necessity of protection of sea environment and of preserving biological resources has given an important role to the principle of precaution among sea fishing. The work is particularly focus on the analysis of the international Treaties about sea fishing - first of all the code of behaviour for a sustainable sea fishing - and analyses its repercussions on community policy about sea fishing. Key words: sea fishing, international Treaties, principle of precaution. Classification-JEL: Keywords: Note: Pages:49-57 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35801&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001004 Number: 4 Template-type: ReDIF-Article 1.0 Author-Name: Catherine Del Cont Title: Le conflit fournisseurs-distributeurs entre r?glementation et r?gulation: l?exemple fran?ais Abstract: The Supplying Groups-Retailing Groups Disagreement Regarding Policy and Regulation: the French Instance - During the last 30 years in France, relations between power retailers and their suppliers have been heavily imbalanced ones. Very strong conflicts have marked the relations between retailers and suppliers during that period of time, but these conflicts are on a much more violent than those usually created by standard economic competition. It is also worth mentioning that the aforementioned conflict is of particular importance and relevance on the French economic, legal and political scenes. For more than 30 years up to now, various parliamentary reports have been drafted and various pieces of legislation have been passed, all in an attempt to prevent potential litigations and regulate these commercial relations. Nevertheless, the relation between retailers and suppliers is still a very confrontational one in spite of the numerous legislative and political actions that have been undertaken to date. Indeed, these interventions have been ineffective as well as inefficient. This legislative action is based upon 2 different prescriptive templates: public regulation and negotiated-regulation. These public and negotiated regulations are part of a body of rules whose objectives are ones of economic policies (in particular policies aimed to fight against prices increase), objectives which are in fact external to the retailer-supplier conflict itself. Key words: relation suppliers-retaillers, public regulation, negociated regulation. Classification-JEL: Keywords: Note: Pages:59-72 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35802&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001005 Number: 5 Template-type: ReDIF-Article 1.0 Author-Name: Perrot Marine Friant Title: S?curit? sanitaire et r?f?rentiels priv?s des distributeurs: de l??vitement de la responsabilit? ? la satisfaction des obligations prescrites par la l?gislation alimentaire Abstract: Food Safety and Liability: Contractual Practices between Food Suppliers and Distributors - The food sanitary requirements are inforcing the relationships between food suppliers and distributors; these requirements are transforming their contractual practices. This article analyses the recent and deep evolution of contracts in the food chain in the light of food safety and liability regulations. It underlines the link between retailers?private standards and the challenge of liability in the UK and in France. The questions are as follows: "does the adoption of private standards reflect the implementation by retailers of a policy to avoid liability? Is the strategy identical in all countries, or does it vary with the differences between the ways legal systems address liability in each EU member nation?" The article will show that the challenges associated with liability cannot alone explain the differences in strategies observed between French and British distributors. For essentially economic reasons, it is the distributors who are the best placed to define food sanitary requirements in the food chain, and to meet obligations arising from European food law. Parole chiave: legislazione alimentare, sicurezza alimentare, contratti, fornitori alimentari, commercianti, responsabilit?. Key words: food law, food safety, contract, food suppliers, final retailers, liability. Classification-JEL: Keywords: Note: Pages:73-83 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35803&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001006 Number: 6 Template-type: ReDIF-Article 1.0 Author-Name: Margherita Pieraccini Title: A Comparative Legal and Historical Study of the Commons in Italy and England and Wales Abstract: A Comparative Legal and Historical Study of the Commons in Italy and England and Wales - Margherita Pieraccini Historically, common land occupied a central role in the agrarian and cultural economies of Europe. Although the governance of the commons shaped by different regimes of property rights was heterogeneous, it is possible to uncover a common ground in the widespread centrality assigned to customs. Today, common land is not an anachronistic relict but remains an interesting area of study given its revitalisation in national policies and laws. This article presents a study of comparative law between English and Welsh common land and Italian commons, focussing on the similar historical transformation they experienced. In fact, the predominance of agrarian practices and local customs of the past has been erased by the nationalisation of the commons in both countries. In Italy, this nationalisation should be attributed to the levelling philosophy of the 1766/1927 law, in England and Wales to the Commons Registration Act 1965 and Commons Act 2006. If contemporary political and legislative discourses portray the commons as examples of environmental sustainability and communitarian governance, in reality this position is more a product of a political adhesion to the recent discursive orthodoxy centred on the community than a genuine legislative attempt to confer responsibility and autonomy to the principal stakeholders of the commons. From a theoretical point of view the article follows the institutionalist approach, nonetheless criticising its holistic understanding of the concepts of community and locality. Key words: common land, governance, customs, sustainability, England and Wales, Italy. Classification-JEL: Keywords: Note: Pages:85-118 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35804&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001007 Number: 7 Template-type: ReDIF-Article 1.0 Author-Name: Maria Pia Ragionieri Title: L?igiene dei prodotti alimentari nella disciplina europea Abstract: Food Product Hygiene within European Discipline - As regards the subject of food product hygiene European Community legislation disciplines hygiene food requirements by means of three regulations passed in 2004, the first Regulation n.852/2004 regards general information, the second n. 853/2004 deals with food of an animal origin, the third n. 854/2004 concerns the organisation of official controls on products of animal origin destined for human consumption. Our attention is focused on the first regulation, due to the fact that, by its application to food products of a vegetable origin, it especially affects Egypt as regards fruit and vegetable exportation to Europe. Egypt is a country which is taken into consideration so as to face the matter of the commercialisation of farm produce towards Europe in view of the establishment of a free trade area within the Mediterranean. The field of application of regulation n. 852/2004 includes primary production as of its definition given in Art. 3 of Regulation n. 178/2002. In Enclosure I it is specified that within the primary production environment, primary products may be transported, stored and handled on the condition that these procedures do not alter their aspects. At this point, the assessment arises as regards the ascribability of certain operations to the three hypotheses and according to the abovementioned condition. Both during primary production phases and throughout subsequent activities, in order to apply community legislation, it is sufficient to carry out one of the phases of the foreseen activities in order to be considered pursuant to Art. 3, n. 2, Regulation n. 178/02. Within the food business the control functions are carried out by the food sector operator. Hygiene rules must be both respected and applied to the entire food chain but also in a different way as regards the primary activities with respects to those carried out subsequently. As regards Third-Party countries, it is accepted that products may be obtained by means of equivalent hygienic rules and however dispensations from community standards are not permitted. As follows you will find a summary of the normative references on the subject of hygiene. Key words: hygiene European Community legislation, primary production, Third- Party countries. Classification-JEL: Keywords: Note: Pages:119-128 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35805&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001008 Number: 8 Template-type: ReDIF-Article 1.0 Author-Name: Teresa Babuscio Title: I controlli sulla circolazione dei prodotti alimentari Abstract: Food Official Controls - Food controls are a key issue within the European food safety arena. Since 2002 the legislator is constantly improving the control system in order to better achieve the high safety principles contained in the European regulation n.178 and the network set up in it. Thus, the regulation n. 882/2004 is specifically dedicated to food safety controls: it is the main piece of legislation concerning this aspect as it has been adopted by the co-decisions procedure which involves the European Parliament and the Council. Despite that, it left some "white" spaces to be filled by the implementing measures adopted within the so called comitology procedure in which it is the Commission to act as a co-regulator. The latter is currently implementing art. 15.5. of the regulation n. 882/2004 to set up a system of increased controls for food and feed. Key words: food safety; control system; regulation n. 882/2004. Classification-JEL: Keywords: Note: Pages:129-136 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35806&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001009 Number: 9 Template-type: ReDIF-Article 1.0 Author-Name: Nicola Lucifero Title: La comunicazione e l?etichettatura degli alimenti nella disciplina della sicurezza alimentare Abstract: Communication and Food Labelling within the Discipline of Food Safety - The current market is governed by an information system, but it is also regulated by interests specific to the discipline of food safety. Therefore, it highlights the close bond between the contents of the contract and the contents of the information, as well as the equally tight correlation between information and competition. In fact, the legislator aims to reconcile the need for food safety with that for the circulation of goods. It must also be added that food safety is a discipline, first and foremost, concerned with product marketing, and thus the rules on information provided for by the common legislator are instrumental to the achievement of a common market of safe and healthy foods, a market governed by rules of communication that facilitate exchanges and guarantee the circulation of foods. From this perspective, within the discipline of food safety information has a double aim, as it strives to provide the market with that symmetry of information essential to its functioning while safeguarding the interests of food safety. Hence, we can understand the legal weight, within the food market, of labels, which can be seen as both the "space" in which communication takes place and a vehicle for information. It is in this context that the food labelling law, eventually regulated by directive 2000/13, originates and develops. However, the legal function of labels cannot be regarded exclusively as a tool for the satisfaction of the need to inform and safeguard consumers and facilitate exchanges between member states, but it should exist in a framework that encompasses the whole food safety legal sys158 tem (reg. 178/2002). The general rules governing the food safety system are thus revealed, as well as the indications, compulsory and non, to be placed on the labels, both with regard to their content and the way this information is conveyed. In this context, we can see the relevance of the very recent reg. 1924/2006 of December 20th 2006 on the nutritional values of foods and their effects on health. Key words: food security, comunication, labelling, consumer protection. Classification-JEL: Keywords: Note: Pages:137-159 Volume: 2008/1 Year: 2008 Issue:1 File-URL:http://www.francoangeli.it/riviste/Scheda_Rivista.aspx?IDArticolo=35807&Tipo=Articolo PDF File-Format: text/HTML Handle: RePEc:fan:aimaim:v:html10.3280/AIM2008-001010 Number: 10