Document type: scientific journal published in Animal
Authors: José Martinez, Cara von Nolting
Preview: The concept of animal welfare has its origins less in national constitutional law than in European law. Thus, the concept of animal welfare is primarily located in the transversal clause of Art. 13 TFEU, established in European law through the Treaty of Lisbon (2007). The historical starting point of this norm is the Treaty of Maastricht (1992), which provided for a declaration to observe animal welfare in certain policy areas. Since then, the areas in which animal welfare must be observed have steadily expanded. The systematic position of Art. 13 TFEU in Part I of the TFEU clarifies the legal force and significance of the norm. According to its wording, the regulatory objective of Art. 13 TFEU is to ensure animal welfare. This welfare is not defined in the treaties. However, it is predominantly assumed that welfare refers to the species-appropriate condition. This term is both scientifically determined and normative. Animals are seen as "sentient beings". This clarifies the ethical orientation of welfare and does not lead to an extension of it. Both domestic animals and farm animals, as well as wild animals, are entitled to this welfare. As a transversal clause, Article 13 TFEU determines the definition and implementation of the listed Union policies. According to its wording, the scope of application of Art. 13 TFEU extends to certain areas of Union competence. These are those areas in which a conflict with animal welfare is particularly evident. However, the list also lacks certain areas of competence from which a conflict may also arise. The Union and its Member States can be identified as the addressees. It is the responsibility of the Union and its Member States to ensure animal welfare in the implementation of the policies of the European Union. Regularly, this is done within the framework of administrative implementation, but also within the framework of application by the Member States pursuant to Art. 292 TFEU. Animal welfare is not one of the Union's objectives - this was already recognised in 1978 and is still held by the majority today. It is also disputed whether this is a consideration requirement or a mandate to act. Furthermore, it is unclear to what extent a conviction is possible if the clause is not observed. The validity of Article 13 TFEU may be limited by the cultural traditions of the member states.
