Kosher and Halal Slaughtering Before the Court of Justice: A Case of Religious Intolerance?

21 Pages Posted: 10 Sep 2021 Last revised: 18 Nov 2021

See all articles by Arie Reich

Arie Reich

Bar-Ilan University - Faculty of Law

Guy Harpaz

Hebrew University of Jerusalem - Faculty of Law

Date Written: September 6, 2021

Abstract

In December 2020 the Court of Justice of the EU approved the legality of a decree, adopted by the Flemish Region in Belgium, which introduced an outright ban on slaughtering of animals by means of traditional Jewish and Muslim rites. The Court, which did not adopt the opinion of Advocate General Hogan, effectively nullified an express derogation for ritual slaughtering found in the EU’s regulation on slaughtering. This article will critically examine the Judgment, arguing that it has not only misinterpreted EU regulations, but also compromised the rights of European minorities to religious freedom under the Charter on the basis of questionable and inconsistent arguments of animal welfare.

Keywords: Kosher slaughtering, Halal slaughtering, ritual slaughter, religious minorities, Animal Welfare, European Court of Justice, Flemish Ban of Kosher Shechitah, Religious Freedom, Fundamental Rights

JEL Classification: K10, K33

Suggested Citation

Reich, Arie and Harpz, Guy, Kosher and Halal Slaughtering Before the Court of Justice: A Case of Religious Intolerance? (September 6, 2021). European Public Law, January 2022 issue., Bar Ilan University Faculty of Law Research Paper No. 21-31, Hebrew University of Jerusalem Legal Research Paper No. 21-25, Available at SSRN: https://ssrn.com/abstract=3919898 or http://dx.doi.org/10.2139/ssrn.3919898

Arie Reich (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel
+972 3 5318416 (Phone)
+972 3 5351856 (Fax)

Guy Harpz

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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