Tecniche di regolazione del mercato agro-industriale e diritto comune

The paper deals with the latest measures adopted by the European Union in order to protect the financial interests of the Union’ s budget and to prevent any irregularities or non compliance with obligations committed by beneficiaries of payments: particular reference is made to Reg..1306/2013 and Reg.1308/2013. The paper focuses on measures involving both public and private law. Such as the cross-compliance system based on the principle that the full payment to beneficiaries of some supports under the Cap should be linked to compliance with rules concerning land management , agricultural production and agricultural activity; and the duty to use, in the agrifood chain contracts, formalised written contracts which must include principal elements provided by the Law, in order to enhance transparency. According to a trend well known to the commentators, the European policy manages private law and particularly legal provisions concerning economic relationships and contracts, as a way to rule the market. The A. points out how this techniques should no more be seen as specific measures belonging to the particular scope of the agricultural policy; but they rather need to be considered in the framework of general principles of civil law, particularly when the search for effective measures to act as a deterrence is implied, and remedies under civil law, together with administrative measures and penalties, seem to be more suitable.