Institut für Landwirtschaftsrecht

Institut für Landwirtschaftsrecht

Welcome to the Homepage of the Institute for Agricultural Law!

The institute was founded in 1961 and is now one of the leading research centers of agricultural law in Germany and Europe.

Research focuses on the European, national and comparative agricultural law, in particular the agricultural lease law, real estate transactions, competition law and antitrust, state aid law, copyright law, renewable energy law, food law, nature conservation law, animal welfare and the right of rural areas.

The Institute's library contains about 25,000 books.

Election of Prof. Martínez as Chair of the Senate Commission on Information Management.

The Senate Commission for Information Management (KIM) elected Prof. Martinez as chairman in its meeting on 12.5. 2022.
The KIM performs cross-sectional tasks of evaluation and development of the informational infrastructure including cooperation within the Göttingen Campus as well as data management, data security and data protection.

Holdings of the Westphalian Library of Agriculture (WBL) are now available online

From May 1, 2022, the holdings of the Westphalian Library of Agriculture (WBL), which is part of the Stiftung Landwirtschaftsverlag in Münster, will be available online. Scientists, students and all other interested parties can log in via link and research many topics related to agriculture, rural life and agricultural history. The library can also be used as a reference library after prior registration. The WBL contains approximately 6,500 volumes of practice-oriented agricultural literature from the past five centuries with a spatial focus on Westphalia-Lippe or northwestern Germany. "Many of the books in the collection are rare, some even unique, and have not yet been recorded in any library catalog. That's why it is very important to us to make the collection accessible to the public," explain Dr. Ludger Schulze Pals and Marc Schürmann, members of the board of the Stiftung Landwirtschaftsverlag. A special jewel of the library, for example, are the issues of the 178-year-old "Wochenblatt für Landwirtschaft und Landleben" and its predecessors, which are available almost in their entirety from the founding year 1844. The historical book holdings of the Westphalia-Lippe Chamber of Agriculture form the basis of the collection founded in 2008. It was significantly expanded in 2011 with the acquisition of part of the libraries of the former agricultural school in Lüdinghausen and the main agricultural association in Münsterland.

Immenga/Mestmäcker Competition Law, Volume 5: State Aid Law with comments by Prof. Martínez

The 6th edition of Immenga/Mestmäcker Competition Law, Volume 5: State Aid Law with commentaries by Prof. Martínez on "Aid to Agriculture and Fisheries (Section XV) has been published. The Immenga/Mestmäcker offers a comprehensive commentary on the TFEU competition law, the GWB and the relevant EU regulations at the highest scientific level. The 6th edition brings a significant expansion of public procurement and state aid law - including procedures and sector-specific state aid regulations.
Volume 5 explains state aid law, supplemented by detailed commentaries on areas such as energy, transport and telecommunications.

Theoretische Grundlagen der Systembildung im Agrarrecht, Schriften zum Agrar-, Umwelt- und Verbraucherschutzrecht, Vol. 89, Baden-Baden 2022 - by José Martínez, Gottfried Holzer and Roland Norer.

In the anthology "Theoretical Foundations of System Formation in Agricultural Law", the dogmatic deficit of an incomplete elaboration of the principles of agricultural law that existed until now is addressed and this gap is filled. The theoretical findings and their verification are discussed on the basis of the legal systems of Germany, Austria and Switzerland. Thus, the elaboration of these structuring principles of agricultural law should help the legislature, the administration and the judiciary to develop a coherent system of agricultural law. The contributions take into account the legal situation as of November 1, 2021 (with an outlook on the CAP reform coming into force on January 1, 2023).

2nd edition of the agricultural law commentary by Düsing/Martínez has been published

The 2nd edition of the newly revised agricultural law commentary be Mechthild Düsing and Prof. José Martínez hast been published.
The practical, compact and well-foundend commentary on agricultural law explains the essential aspects of this extremely comprehensive cross-sectional area. The structure of the work is mainly based on the requirements of the specialized attorney for agricultural law (14m FAO), but also deals with adjacent areas of law and therefore provides all practitioners involved in agricultural law with comprehensible explanations, solid solution proposals and practice-proven decision-making aids. In total, more than 50 individual laws and ordinances are commented on, partly in excerpts, partly systematically. The work deals with the public law, civil law and criminal law aspects of agricultural law and thus offers the only comprehensive commentary on this area of law to date.

11th Göttingen Talks on Agricultural Law on 04 November 2022 on the topic of "Truth in Agricultural Law"

The 11th Göttingen Talks on Agricultural Law will take place this year on Friday, 04 November 2022 on the topic of "Truth in Agricultural Law".You can find more informations here.

commentary by Prof. Calliess, Ruffert on the EUV/AUEV with commentary by Prof. Martínez

The commentary by Prof. Calliess (ed.) and Prof. Ruffert (ed.) on the EUC/TFEU with commentary by Prof. Martínez on The Agriculture and Fisheries (Title III) and Transport (Title IV) has been published by Beck Verlag. In one volume, the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are presented in detail in their current version after the Treaty of Lisbon, as well as the Charter of Fundamental Rights.

Yearbook of Agricultural Law Volumne XV, writings on agricultural, environmental and consumer protection law edited by Prof. Dr. José Martínez

The XV volume of the Yearbook of Agricultural Law, writings on agricultural, environmental and consumer protection law edited by Prof. Dr. José Martínez was published on 22.06.2021.
In it, current agricultural law problems are highlighted and legal solutions are presented. Internationally, the approach of South Korea with regard to the ownership restrictions of arable land and compulsory use is presented, and from the Polish point of view, the de minimis subsidies are explained. In terms of labeling law, the innovations and opportunities of the EU Organic Regulation No. 2018/848 are addressed. In another contribution, the legal instruments of the Common Agricultural Policy are evaluated in different crisis scenarios. In addition, the increasing integration of environmental and climate protection concerns into the Common Agricultural Policy is evidenced. Another contribution, written by Prof. Dr. Martínez, deals with the Common Fisheries Policy from a state aid law perspective. This volume also continues the comprehensive overview of the monograph and journal articles on German and foreign agricultural law published and included in the Institute's library from 2018 to 2020.

expert report "Climate protection in Germany's agricultural and food system: The three central fields of action on the way to climate neutrality" was published by the Climate Neutrality Foundation - with participation of Prof. Martínez

On June 2, 2021, the expert report "Climate protection in Germany's agricultural and food system: The three central fields of action on the way to climate neutrality" was published by the Climate Neutrality Foundation. Prof. Dr. Martínez is co-author of the report, in which recommendations for action are developed under the leadership of scientists from Berlin's Humboldt University in order to exploit the considerable reduction potential in GHG emissions from agriculture. In addition to the multitude of technological mitigation options, the reduction of GHG emissions should focus on three key action areas:
1) Improve nitrogen efficiency,
2) Reduce consumption and production of animal products,
3) Rewetting peatlands.
Working with Prof. Dr. Martínez were Prof. Dr. Harald Grethe (Humboldt University of Berlin) Dipl.-Ing. agr. Bernhard Osterburg (Thünen-Institut), Prof. Dr. Friedhelm Taube (Christian-Albrechts-Universität zu Kiel) and Dr. agr. Ferike Thom (Humboldt University of Berlin) worked together on the report.

You can read the entire expert opinion here.
The regulatory proposals can be found here.

Commentary on the Law Governing of the "Landwirtschaftliche Rentenbank"

The "Landwirtschaftliche Rentenbank" is the most important German promotional institution for agriculture and rural areas. The commentary deals with the Law on Landwirtschaftliche Rentenbank, which forms the legal basis for the activities of the credit institution, which is structured as an institution under public law. The unique historical legal structure of this institution and its success story are also described in detail.

Dr. Natalia Ruiz Morato as an Alexander von Humboldt Foundation Research Fellow at the Institute of Agricultural Law

On 01.07.2020 Dr. Natalia Ruiz Morato started her research as an Alexander von Humboldt Postdoctoral Fellow of the Alexander-von-Humboldt Foundation at the Institute of Agricultural Law of the Georg-August-University Göttingen.

Prior to that, she was a Residential Fellow at the Wilson Center in Washington, DC. In Colombia, she was Associate Professor at LaSalle University and a lecturer at several other universities, and an independent consultant in law and development for public and private institutions, on issues related to international development, ethnic and indigenous rights, and social and environmental justice. She has published several academic papers and book chapters on these topics.

She holds a PhD in Law from the National University of Colombia and earned her MA in International Studies from Korea University.
She is also a member of the Pax Ruralis research group between Göttingen University and Colombia’s National University.

Her current research work, “an agrarian adjudication theory for small farmers and indigenous populations in Colombia”, focuses on aspects of rural reform in Colombian following the 2016 Peace Accord. There is a clear and urgent need to construct an agrarian legal theory for transitional justice and the prospective agrarian jurisdiction, in order to avoid the perpetuation of land conflicts and ensure the fulfilment of human rights of subsistence farmers and ethnic communities, which are the poorest and most vulnerable populations in Colombia.

The goal of this research project is to help overcome the current civil adjudication of agrarian problems in Colombia. Formulating an agrarian legal adjudication theory will enable Colombian judges to improve their decisions in agrarian disputes, and will offer a solid basis for the proposed new agrarian jurisdiction as set out in the Peace Accord. Beyond the Colombian scenario, an agrarian adjudication theory would represent an important advancement of legal knowledge for land distribution for subsistence farmers and ethno-communities in developing countries.