News

Duraj & Reck and Partners Law Office has applied to the Ombudsman to examine the constitutionality of the provisions on EU subsidies to farmers. By the Act on payments in the framework of direct support system, the Polish parliament introduced the solution in which area payments to farmers in excess of EUR 150 thousand Euro will be reduced by 100%.

This solution is extremely unfavorable for farmers are members of agricultural production cooperatives, as these institutions are treated as an individual farmer. Described degressivity causes that determined group of farmers which are not the members of agricultural production cooperatives can receive larger payments than he the same group operating within that institution. According to our Law Office, that rule will not only manifestly contradicts the objectives of the Common Agricultural Policy, but also violates the provisions of the Constitution, in particular the principle of equality before the law and freedom of association.

The Ombudsman has expressed an interest of the initiative that came from our lawyers and appealed to the Minister of Agriculture with a request to take a position on the matter. Ombudsman noted that the above-described arrangements are repressive and may be harmful for farmers associated in production cooperatives, and could even lead to a reduction in their salary or their release from work.

The position of the Ombudsman in this case is available at: here.