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Suspension the sacrifice of two elephants in the Lyon Zoo. Sentence no. 364751 of the Conseil d'État (Council of State, France)

2013.05.06

AUTHOR: Olivier Le Bot. Tenured Professor of Public Law in the Université d'Aix-en-Provence/ Marseille
TITLE:Suspension the sacrifice of two elephants in the Lyon Zoo

PLACE OF PUBLICATION: dA webCenter, May 2013.
DATE OF PUBLICATION: May 2013.

Internal link: Sentence
External links: France TV, Change.org, 30 millions d'amis

ABSTRACT

The government order which ordered the sacrifice of two elephants created a great repercussion in French media and provoked a wave of opinion against this order. The order, taken by the Préfet du Rhône [Prefect of Rhône] based its decision on the animals’ potential for illness by tuberculosis and the risk of the eventual spread to human beings, has been the object of summary and regular appellate processes.

In the decision which is the subject of this commentary, the Council of State, in a summary judgment, suspended the order to sacrifice two elephants basing the decision on the assumption that this would provoke two types of harm against the owner. Additionally, the appellate judge denied the validity of the order by the Prefect with regards to the proportionality of the measure ordered.


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