Decreto-Lei n.º 253/89, de 09 de Agosto de 1989
Decreto-Lei n.º 253/89 de 9 de Agosto O Fundo Europeu de Orientação e Garantia Agrícola (FEOGA), criado em 1962, integra duas secções, como, aliás, releva da sua própria denominação, a Secção Garantia e a Secção Orientação, através das quais são financiadas as várias componentes da política agrícola comum.
As ajudas comunitárias no âmbito da Secção Garantia constituem subvenções de exploração e possuem uma característica própria que as distingue das restantes ajudas oriundas da Comunidade e que se consubstancia no facto de serem suportadas na sua totalidade pelo orçamento comunitário.
Por outro lado, a estruturação do FEOGA é feita através de regulamentos que têm força de lei, são obrigatórios em todos os seus elementos e são directamente aplicáveis em todos os Estados membros.
Ora, a alínea e) do n.º 1 do artigo 4.º do Decreto-Lei 52/88, de 19 de Fevereiro, na medida em que condiciona, limita e até impede a utilização das faculdades concedidas aos agentes económicos pelas normas comunitárias e na medida em que, consequentemente, põe em risco a realização das finalidades do Tratado CEE em matéria de política agrícola...
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