Banner Viadrina

Chair of Public Law, Administrative, European, Environmental, Agricultural and Food Law


  Fields of Research:

Agrarrecht_klein ©Valdas Rumsas
Agricultural Law

Lebensmittel - Foto - 3 - verkleinerte Datei ©Matthias Olbrisch vom Lehrstuhl Prof. Härtel -selbst fotografiert

rat ©© Bundesrat

europa ©© European Union, 2015
European Law

Fluss_klein ©Hermann Hofschulte
Climate Change
Energy Law

New Publications in Forum for Environmental Law, Agricultural Law and Climate Change Law


Wege der Ernährungswirtschaft - global, regional, europäisch ©Nomos Verlag

Wege der Ernährungswirtschaft - global, regional, europäisch

Edited by Prof. Dr. Ines Härtel

HärtelWege der Ernährungswirtschaft - global, regional, europäisch
It is one of the great achievements of food industry to secure the necessary resources of living due to the production of foodstuffs, while at the same time responding to the different eating habits as a result of pluralist lifestyles. The production of agricultural and food products is increasingly changing as a result of integrated value chains. Regionalism, Europeanization and globalization form the differentiated but not conflict-free three-level system of the current agricultural and food sector. In this perspective, the anthology collects various facets of security and regulation in politics and law. This includes the complex EU Food Law (monitoring, information, Health Claims, protection of geographical indications, Novel Food, etc.). The specific discussion on the scope of international trade agreements in the food industry will be included as well as legal developments in the agricultural and food sector in countries such as China, Poland and Ukraine.

With contributions by:
Ines Härtel, Roman Budzinowski, Udo Folgart, Bernhard Krüsken, Bernd van der Meulen, Christoph Minhoff, Klaus Müller, Mario Nitschke, Vladyslav Rak, Dapeng Ren, Bettina Rudloff, Heiner Sindel, Jörg Vogelsänger



Klimaschutz in föderalen Mehrebenensystem ©Nomos Verlag

Klimaschutz in föderalen Mehrebenensystemen

By RA Dr. Benedikt Walker

The promotion of energy efficiency is seen as a main cornerstone for establishing a sustainable energy system. A complex body of energy efficiency law has emerged within the European Union and the USA, two federal multi-level governance systems, over the last decades. However, the necessary energy efficiency turnaround has not been achieved.
Therefore, the question remains open how to make climate protection work in federal multi-level governance systems. How can existing regulations regarding the promotion of end-user oriented energy efficiency be improved in federal multi-level governance systems?

The author examines the European and German energy efficiency law in comparison to the US and Californian energy efficiency law and points out the advantages and disadvantages of the energy efficiency promotion in the two legal systems.



Food Security, Food Safety, Food Quality ©Nomos Verlag

Food Security, Food Safety, Food Quality
Current Developments and Challenges in European Union Law

Edited by Prof. Dr. Ines Härtel/ Prof. Dr. Roman Budzinowski

Today security, quality and the availability of food are very important. These complex relations of the above mentioned issues evole in different fields of law. The book published by Ines Härtel and Roman Budzinwoski covers a wide range of topics via analysis and discussion in the European context, such as the right to food, Common Agricultural Policy, contractual relations and value chains in the agri-food sector, organic farming, food production safety issues, questions of food labelling, Health Claims, Novel Food, Patents, the role of institutions such as EFSA, the responsibility of trade and CSR. Legal frameworks, essential concerns and fu-ture developments of food security, food safety and food quality are the basis for discussion and solution finding.

With contributions by:
Prof. Dr. Ines Härtel, Prof. Dr. Roman Budzinowski, Adam Zielinski, Dr. Katarzyna Leskiewicz, Christian Thomas, Agnieszka Szymecka-Wesolowska, Krzysztof Ró¿anski, Christina A. Flaskühler, Dr. Johanna Monien, £ukasz Sokolowski, Mathias OIbrisch, Daniel Brandauer, Johan Fried Stoepker, Jan Hindahl, Dr. Izabela Lipinska, Anne-Kristin Mayer, Dr. Anna Kapala, Dr. Aneta Suchon, Hanna Schmelz, Elisa Aust, Malte Wilhelm



Patentierbarkeit im Agrarsektor ©Nomos Verlag

Patentierbarkeit im Agrarsektor
Eine rechtsdogmatische, rechtssystematische und rechtspraktische Untersuchung im Bereich der Nutztiere

By Dr. Sebastian Petrack

Patentability of production animals in the fields of agriculture is one of the most heavily discussed area of patent law. The legal framework encounters an area of conflict consisting of natural scientific findings, ongoing (bio)technological developments as well as political and ethical (moral) concepts. In particular in the fields of agriculture as well as ethics and religion, the law currently applicable is being criticized.

Within this survey, such criticism is being systematically put in order and decidedly analyzed against the background of law currently applicable and the respective patent granting practice. In particular, within this survey it is being examined whether the legislator succeeds to provide a legal framework that is in compliance with the principle of concordance. Furthermore, it is examined within this survey, whether the criticism could develop its potential de lege ferenda.

Dr. Sebastian Petrack was awarded the doctoral prize. (German Association for Agricultural Law)



Dominik Jan Sauer ©Nomos VerlagBiogasanlagen im wohlgeordneten Recht einer nachhaltigen Energiewende

By Dr. Dominik Jan Sauer

A successful energy turnaround also requires sustainability from a legal point of view.
This work seeks to answer the question whether this is guaranteed regarding biogas plants as one of the most important sources of an "intelligent" energy mix.
Therefore, the compatibility of the EEG with the state aid law of the European Union is examined. On the national level administrative control instruments and licensing conditions are critically analysed. The establishment and the operation of the energy-crops are validated as well as the cultivation.
In summary, this work deals with a stock-taking of the laws on biogas-plants with regard to legal problems which are typical for the practise. Besides that, new – being in accordance to the concept of sustainable development – dogmatic solution attempts are presented along with suggestions with regard to a desirable legal development in a well-organised law.



Internationales Klimaschutzrecht Jahrmarkt ©Nomos Verlag

Internationales Klimaschutzrecht
Der Weg zu einem Weltklimavertrag im Sinne gemeinsamer, aber differenzierter Verantwortlichkeit

By Dr. Lena Jahrmarkt

Climate Change is one of the most important issues in the 21st century. Its extensive impacts regarding society, policy, economy and environment and its threats require an effective reaction at the international level.

But does the newly adopted Paris Agreement comply to the expectations? Or how could an effective Climate Agreement be achieved to meet climate effectiveness and climate justice?

To answer these questions this study analyses the development of international climate change law in a comprehensive way. In combination with analysing the principle of common, but differentiated responsibility it is possible to present new aspects for a climate Agreement by learning from failures of the past and embracing the raising threat brought about by climate change.



Menschenrechte wider den Hunger Kommer ©Nomos Verlag

Menschenrechte wider den Hunger
Das Recht auf Nahrung zwischen Wissenschaft, Politik und globalen Märkten

By Dr. Steffen Kommer

What is the contribution social rights can make to overcome the global food crisis? Instead of dismissing a world without hunger as a utopian idea, human rights litigations are described as instruments to accelerate discourses about the causes of food insecurity and the implementation of necessary anti-hunger programs. On the basis of national and international jurisprudence concerning the right to food three aspects of this basic right will be explored: the right to social assistance, the right to a sufficient income and the right to self-sufficiency. Considering increasing global risks such as volatile international food prices and climate change, a transnational dimension of the right to food will be explored. The significance of international human rights discourses will be exemplified based on two case studies concerning the phenomenon of food dumping and the European biofuels policy.