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Today (17 December) is a historic day for animals, as the Court of Justice of the European Union (CJEU) clarified that member states are allowed to impose mandatory pre-slaughter stunning. The case raised from the ban adopted by the Flemish government in July 2019 which made stunning compulsory also for the production of meat by means of traditional Jewish and Muslim rites.
The verdict ruled that member states can legitimately introduce mandatory reversible stunning in the framework of Art. 26.2(c) of the Council Regulation 1099/2009 (Slaughter Regulation), with the aim to improve animal welfare during those killing operations carried out in the context of religious rites. It clearly states that the Slaughter Regulation “does not preclude member states from imposing an obligation to stun animals prior to killing which also applies in the case of slaughter prescribed by religious rites”.
This judgment considers the latest development on reversible stunning as a method that successfully balances the apparently competing values of religious freedom and animal welfare, and it concludes that “the measures contained in the (Flemish) decree allow a fair balance to be struck between the importance attached to animal welfare and the freedom of Jewish and Muslim believers to manifest their religion”.
Eurogroup for Animals has followed the Court case closely and in October it released an opinion poll showing that EU citizens do not want to see animals slaughtered while fully conscious.
“It is now clear that our society doesn’t support animals to unduly suffer at the most critical time of their lives. Reversible stunning makes it possible to successfully balance the apparently competing values of religious freedom, and the concern for animal welfare under current EU law. Acceptance of pre-slaughter stunning by religious communities is increasing both in EU and non-EU countries. Now it’s time for the EU to make pre-slaughter stunning always mandatory in the next revision of the Slaughter Regulation,” said Eurogroup for Animals CEO Reineke Hameleers.
Throughout the years, experts have raised concerns about the serious animal welfare implications of killing without pre-cut stunning (FVE, 2002; EFSA, 2004; BVA, 2020), as acknowledged by the Court itself, in another case (C-497/17).
The case will now go back to the Flanders’ constitutional court which will have to confirm and implement the CJEU’s ruling. Furthermore, the imminent revision of the Slaughter Regulation, as announced by the European Commission in the framework of the EU Farm to Fork strategy, gives the chance to further clarify the matter by making pre-slaughter stunning always compulsory and move towards a Europe that cares for animals.
Following the European Court of Justice’s decision this morning to uphold the ban on non-stun slaughter in the Belgian regions of Flanders and Wallonia, Chief Rabbi Pinchas Goldschmidt, president of the Conference of European Rabbis (CER), has issued the following statement:
“This decision goes even further than expected and flies in the face of recent statements from the European Institutions that Jewish life is to be treasured and respected. The Court is entitled to rule that member states may or may not accept derogations from the law, that has always been in the regulation, but to seek to define shechita, our religious practice, is absurd.
“The European Court of Justice’s decision to enforce the ban on non-stun slaughter in the Flanders and Wallonia regions of Belgium will be felt by Jewish communities across the continent. The bans have already had a devastating impact on the Belgian Jewish community, causing supply shortages during the pandemic, and we are all very aware of the precedent this sets which challenges our rights to practise our religion.
“Historically, bans on religious slaughter have always been associated with the far-right and population control, a trend that is clearly documented a can be traced back to bans in Switzerland in the 1800s to prevent Jewish immigration from Russia and the Pogroms, to the bans in Nazi Germany and as recently as 2012, attempts to ban religious slaughter in the Netherlands were publicly promoted as a method of stopping Islam spreading to the country. We now face a situation where, with no consultation of the local Jewish community, a ban has been implemented and the implications on the Jewish community will be long lasting.
“We are told by European leaders that they want Jewish communities to live and be successful in Europe, but they provide no safeguards for our way of life. Europe needs to reflect on the type of continent it wants to be. If values like freedom of religion and true diversity are integral, than the current system of law does not reflect that and needs to be urgently reviewed.
“We will continue to work with representatives of the Belgian Jewish community to offer our support in any way that we can.”
Opinion poll on slaughter
Summary of the Court of Justice of the European Union (CJEU) case C-336/19
Amicus Curiae on CJEU case
Advocate General opinion
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