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Animal welfare: a new general and constitutional principle of EU law. Jippes Case, CJEU, 2001

2012.05.17

AUTHOR: Sabine Brels, PhD student at the Laval univerisy on animal welfare protection in the world, grant of the Canada Vanier scholarship for Postgraduate Studies.
TITLE:Animal welfare: a new general and constitutional principle of EU law

PUBLICATION DATE: May 2012
PUBLICATION PLACE: dA, web Center, May 2012

CJEU

ABSTRACT

The decision "Jippes", returned by the ECJ in 2001, concerned a dispute relating to the FMD epidemic in Europe. To stop the spread of the disease, the European Union (EU) became an EU directive banning the use of vaccinations and imposed mandatory demolition of livestock. The principal applicant, Ms Jippes, owns the farm animals who refuses to kill stating that the EU spent a general principle of law on animal welfare that protected the animals from the physical pain and suffering except in case of need. In this sense, the policy that would prohibit and impose preventive vaccination required the demolition would be in direct conflict with this principle. However, the ECJ rejected this argument stating that the welfare of animals is not a general principle of Community law and concludes at the end of the validity of the measures against FMD.

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