Case C-336/19 Centraal Israëlitisch Consistorie van België: Animal welfare and freedom of religion

• Published in: Maastricht journal of European and comparative law 2021-10, Vol.28 (5), p.687-698
• Main Author: Nakanishi, Yumiko
• Format: Article
• Language: English
• Subjects: Animal care; Animal welfare; Animals; Courts; Freedom of religion; Freedoms; Killing; Treaties; Welfare
• ISSN: 1023-263X; 2399-5548
• DOI: 10.1177/1023263X211027497

Article 13 of the Treaty of the Functioning of the European Union (TFEU) explicitly provides for animal welfare. Animals are sentient beings, and thus the EU and Member States have an obligation to take animal welfare into consideration. At the same time, Article 10(1) of the Charter guarantees freedom of religion. Case C-336/19 Centraal Israëlitisch Consistorie van België dealt with the balance between animal welfare and freedom of religion. Regulation 1099/2009 stipulates that animals must be protected at the time of killing and established the principle of prior stunning in slaughter. Ritual slaughter based on religion is accepted as a derogation of this principle. In the Centraal case, which is pivotal in the context of ritual slaughter, the opinion of Advocate General Hogan and the judgment of the Court of Justice of the European Union were divided over the interpretation of the contested regulation. Ultimately, the Court demonstrated a definite preference for animal welfare over freedom of religion. In so doing, the Court attached a high value to national legislative competence and in paying attention to changes in society to ensure that citizens are increasingly aware of animal welfare.