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Vapnek, Jessica ; Purnhagen, Kai:
Animal Welfare in EU Law : Scope and Purpose of Article 13 of the Treaty on the Functioning of the European Union.
In: European Current Law.
(2024)
.
- S. 751-760.
ISSN 0964-0037
Abstract
The protection of animal welfare already plays a prominent role in European Union (EU) law. The European Court of Justice (ECJ) has held that EU Member States can take measures in favour of animal welfare even where they affect other interests. More recently, the Commission prioritised animal welfare in its Farm to Fork Strategy, which is part of the Commission’s Green Deal. Whereas in EU agricultural law animals are viewed as “agricultural products”, art.13 of the Treaty on the Functioning of the European Union (TFEU) also acknowledges them as “sentient beings” whose interests must be taken into account. Moreover, art.13 TFEU states that the Member States should “pay full regard to the welfare of animals.” This article proposes reinterpreting the term “full regard” in art.13 TFEU to more vigorously protect animal welfare. First, “full regard” could not only require Member States to take account of animal welfare, but rather to give animal welfare particular weight and importance. Second, the authors argue that animal welfare should be given the status of a general principle in the EU, because animal welfare now plays a prominent and coequal role similar to other general principles like environmental protection. Third, since the ECJ has recognised animal welfare as an important objective, the authors argue that animal welfare should be given higher priority when balanced against other rights and interests. One way to achieve this is to acknowledge that protecting animal welfare (which is the same as protecting animal health) is inextricable from protecting human health. These new interpretations will strengthen enforcement of existing animal welfare legislation, thereby advancing the goal of the Commission’s Farm to Fork Strategy of making food systems fair, healthy, and environmentally friendly.