Ruch Prawniczy, Ekonomiczny i Socjologiczny (Sep 2020)

Legal regulations and the development of German and Polish allotment gardens in the context of the production function

  • Ewa Kacprzak,
  • Barbara Maćkiewicz,
  • Magdalena Szczepańska

DOI
https://doi.org/10.14746/rpeis.2020.82.3.14
Journal volume & issue
Vol. 82, no. 3

Abstract

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Allotment gardens (AGs) serve various socio-cultural, ecological and economic functions, mostly for the urban community, and they also provide agricultural produce for their users. German and Polish legislation includes this function in the definitions regulating allotment gardening. The article aims to compare the legal regulations for allotment gardening in operation in Germany and Poland. This study analyses legal acts concerning the development and functioning of allotments, since they may greatly influence their production function. Moreover, field research and structured interviews were carried out and, as a result, the collected data were contrasted with the actual state of development of selected allotments. The study shows that some of the provisions of legal acts, both German and Polish, are not strictly adhered to by the users. Also, the analysis of use of allotments in both countries reveals the strong influence of the present legal norms. The regulations concerning allotment gardening in Germany are conducive to preserving plant cultivation, while in Poland unclear provisions on the way in which crop cultivation is to be developed have led to a replacement of the farming function by recreational and residential uses. It is necessary, then, to maintain and observe the existing regulations in Germany. In Poland, on the other hand, there is a strong need for a regulation at the national level which would specify the principles regarding the obligatory use of part of a plot for food production.

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