Journal of Environmental Law Advance Access originally published online on August 2, 2008
Journal of Environmental Law 2008 20(3):363-390; doi:10.1093/jel/eqn018
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A Cock and Bull Story?—Problems with the Protection of Animal Welfare in EU Law and Some Proposed Solutions
* Research and teaching assistant, Institute of Public Law, Rheinische Friedrich-Wilhelms-Universität Bonn, Adenauerallee 24–42, 53113 Bonn, Germany (rasso.ludwig{at}uni-bonn.de).
** Lecturer-in-Law, Griffth College, South Circular Road, Dublin 8, Ireland (rodericogorman{at}gmail.com).
| Abstract |
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This article seeks to highlight defects in the EU's protection of animal welfare standards and proposes methods of addressing these defects. The first section examines the Protocol on the protection and welfare of animals, and the provision of Article 30 EC referring to the life and health of animals. The article highlights how both of these provisions have been interpreted in ways, which have made them, respectively, ineffective and unsuitable for the purposes of protecting animal welfare. The article then looks at possible methods of strengthening the protection of animal welfare within EU law, with particular focus on the proposed addition of an article on animal welfare through the Lisbon Treaty, should it be ratified. Finally, the article discusses the adoption of the Community Action Plan on the Protection and Welfare of Animals as the most recent tangible development advancing the protection of animal welfare throughout the EU.
Key Words: animal welfare harmonisation protocol Lisbon Treaty