The German State Goal of Animal Protection: Legal Mandate and Responsibility of Germany in the European Union (Staatsziel Tierschutz – Rechtsauftrag und Verantwortung Deutschlands in der Europäischen Union)

Abstract

Article 20 a Basic Law runs: 'Mindful also of its responsibility toward future generations, the state shall protect the natural bases of life and the animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.'. The talk, delivered at the German Federal Ministry of Food and Agriculture, celebrates the 20th anniversary of an amendment of Art. 20(a) of the German Basic Law. In 2002, the three words 'and the animals' were inserted into the constitutional provision. The so-called state goal (Staatszielbestimmung) obliges all three branches of government to respond effectively to Europeanisation, globalisation, and digitalisation. Legislature, executive, and judicial measures are needed to raise animal welfare standards and to prevent a race to the bottom.

Note: Downloadable document is in German.

Keywords: animal welfare, animal protection, race to the bottom, Brussels effect, regulatory competition, welfare indicators, regulatory capture