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The novelty of this study lies in the analyses of legislation concerning land use policies by examining the specific boundary between land ownership and land take. The basic motive was that the European Commission (EC) withdrew the Soil Framework Directive (SFD) in 2014 following the objections of certain Member States (MS) who countered that as most lands are privately owned, they should not fall under the remit of public governance. Since the withdrawal of the SFD land take is an issue receiving more attention. The legal content of ownership rights has been subjected to constant debate in the context of land-use policies and planning practices, which raises the questions of who decides how the land can be used and whether administrative authorities give priority to non-agricultural uses. Our study seeks to explore these issues through the lens of property law by comparing different legislations on access to land on three levels of policy implementation: the EU, the national, and the local levels. MS legislations are highlighted through the example of Hungary in two aspects: (1) regulation regarding Access to Land and Land Ownership Rights (ALOR), and (2) legislation and results of the LANDSUPPORT decision support system concerning Land Take Changes (LTC). We designed figures to demonstrate how policymakers can use the new LANDSUPPORT platform to show the gaps and inconsistencies among the above aspects. We found that the legislative regulations concerning private land use to achieve soil protection objectives remain the weakest link in the environmental protection legislation of the EU. Anxieties concerning built-in legal guarantees on each of the studied levels actualise our research. Currently, global land management is not on the political table although common European legislation might be able to preserve land for agricultural use.
Petra Stankovics; Luca Montanarella; Piroska Kassai; Gergely Tóth; Zoltán Tóth. The interrelations of land ownership, soil protection and privileges of capital in the aspect of land take. Land Use Policy 2020, 99, 105071 .
AMA StylePetra Stankovics, Luca Montanarella, Piroska Kassai, Gergely Tóth, Zoltán Tóth. The interrelations of land ownership, soil protection and privileges of capital in the aspect of land take. Land Use Policy. 2020; 99 ():105071.
Chicago/Turabian StylePetra Stankovics; Luca Montanarella; Piroska Kassai; Gergely Tóth; Zoltán Tóth. 2020. "The interrelations of land ownership, soil protection and privileges of capital in the aspect of land take." Land Use Policy 99, no. : 105071.
To ensure an adequate level of protection in the European Union (EU), the European Commission (EC) adopted the Soil Thematic Strategy in 2006, including a proposal for a Soil Framework Directive (the Directive). However, a minority of Member States (United Kingdom, Germany, France, Austria, and The Netherlands) could not agree on the text of the proposed Directive. Consequently, the EC decided to withdraw the proposal in 2014. In the more than 10 years that have passed since the initial proposal, a great number of new evidences on soil degradation and its negative consequences, have proved the necessity of a common European soil protection Directive. This study is aimed at specifying the possible obstacles, differences, and gaps in legislature and administration in the countries that formed the blocking minority, which resulted in the refusal of the Directive. The individual legislations of the opposing countries on the matter, were summarized and compared with the goals set by the Directive, in three highlighted aspects: (1) soil-dependent threats, (2) contamination, and (3) sealing. We designed a simple schematic evaluation system to show the basic levels of differences and similarities. We found that the legislative regulations concerning soil-dependent degradation and contamination issues in the above countries were generally well defined, complementary, and thorough. A common European legislation can be based on harmonised approaches between them, focusing on technical implementations. In the aspect of sealing we found recommendations, principles, and good practices rather than binding regulations in the scrutinised countries. Soil sealing is an issue where the proposed Directive’s measures, could have exceeded those of the Member States.
Petra Stankovics; Gergely Tóth; Zoltán Tóth. Identifying Gaps between the Legislative Tools of Soil Protection in the EU Member States for a Common European Soil Protection Legislation. Sustainability 2018, 10, 2886 .
AMA StylePetra Stankovics, Gergely Tóth, Zoltán Tóth. Identifying Gaps between the Legislative Tools of Soil Protection in the EU Member States for a Common European Soil Protection Legislation. Sustainability. 2018; 10 (8):2886.
Chicago/Turabian StylePetra Stankovics; Gergely Tóth; Zoltán Tóth. 2018. "Identifying Gaps between the Legislative Tools of Soil Protection in the EU Member States for a Common European Soil Protection Legislation." Sustainability 10, no. 8: 2886.
The primary aim of this study is to draw attention to the importance of legal problems of soil protection. The basis for my study is the ombudsman’s 2016 principle of soil protection. This resolution summarizes the most pressing soil protection measures in 15 points that need to be taken as soon as possible to preserve soil resources. To narrow the wide range of topics, I will examine three points: (1) preservation of soil resources, (2) soil sealing, (3) brownfield instead of greenfield. Hungary is in a special position concerning this most ancient natural resource, as only 11% of all the land covered area of Earth consists of soil, the EU average is less than 30%, while in Hungary it is more than 60%. Despite the existing protective legal requirements, soil degradation is a constant issue. The persistence of population growth spells the need for more arable land, but as a result of the stressful impacts caused by people we are running out of useable topsoil. Assessing both the short and long term process of land reclamation, it can be stated that more and more farmland becomes permanently and imperviously covered for other purposes each year, and as the arable land area decreases, the impervious surface area grows despite all respective decisions, regulations and prohibitions.
Petra Stankovics. Urgent agricultural issues of soil protection. Acta Agraria Debreceniensis 2018, 169 -172.
AMA StylePetra Stankovics. Urgent agricultural issues of soil protection. Acta Agraria Debreceniensis. 2018; (74):169-172.
Chicago/Turabian StylePetra Stankovics. 2018. "Urgent agricultural issues of soil protection." Acta Agraria Debreceniensis , no. 74: 169-172.