scholarly journals RE-EVALUATION OF ANIMAL PROTECTION BY THE FINNISH ANIMAL RIGHTS LAWYERS SOCIETY

2020 ◽  
Vol 3 (3) ◽  
pp. 123-142
Author(s):  
BIRGITTA WAHLBERG
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Status ◽  
Point Of View ◽  
Fundamental Rights ◽  
The European Union ◽  
Animal Protection ◽  
Effective Manner ◽  
Protection Legislation ◽  
Sentient Beings

The recognition of animals as sentient beings in the Treaty on the Functioning of the European Union (TFEU) gave rise to expectations as to real concern and care for animal welfare and a balance of human-animal interests. However, both the EU-legislation and the Finnish animal protection legislation is based on an animal welfare paradigm, meaning that animals have a weak legal status compared to humans that makes it impossible to de facto balance human and animal needs and interests in an effective manner from an animal point of view. The weak legal status of animals in the hierarchy of norms in the Finnish legal system contributes to the continuation of the oppression and exploitation of animals. The Finnish Animal Rights Lawyers Society have therefore made a proposal to strengthen animals’ legal status by including animals in the Finnish Constitution (FC) by safeguarding animals’ certain fundamental rights, thereby providing tools for balancing of human-animals interests. This article focuses on the re-evaluation of animal protection from an animal and constitutional point of view.

scholarly journals Humane Legal Protection of Homeless Animals

2021 ◽  
Vol 30 (3) ◽  
pp. 265-276
Author(s):  
Elżbieta Zębek
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Protection ◽  
Universal Declaration ◽  
Animal Shelters ◽  
Animal Protection ◽  
Eu Countries ◽  
Protection Legislation ◽  
State Of Affairs ◽  
Inspection Data

Animal rights at the international level have been defined in the Universal Declaration on Animal Welfare, which has become a guiding principle for many EU countries in shaping animal protection legislation. The subject of this article is the humane protection of homeless animals, which is the responsibility of the municipality in terms of maintaining cleanliness and order. The study assumes that by carrying out tasks regarding the protection of animals from homelessness, municipalities contribute to the effective protection of animals by providing them with appropriate care. The analysis found that the provisions of the Universal Declaration on Animal Welfare have been fully incorporated into Polish legislation. However, the effectiveness of the provisions on the protection of homeless animals executed by municipalities is not entirely satisfactory as evidenced by the post-inspection data and selected jurisprudence. In order to improve this state of affairs, the following de lege ferenda postulates were formulated, which in part are also guidelines of the Supreme Audit Office extending the catalog of activities in municipal homeless animal protection programs, introducing the requirement to inspect animal shelters by municipalities, changing the location requirements of animal shelters and also clarifying sanitary requirements concerning the conditions in which animals live in to improve their welfare. The above changes in legislation may contribute to more efficient humane protection of homeless animals in Poland and may serve as an example for other EU countries.

scholarly journals Brexit and Animal Protection: Legal and Political Context and a Framework to Assess Impacts on Animal Welfare

Animals ◽  
2018 ◽  
Vol 8 (11) ◽  
pp. 213 ◽  
Author(s):  
Steven McCulloch
Keyword(s):  
Animal Welfare ◽  
Agricultural Policy ◽  
Animal Health ◽  
Conservative Party ◽  
Political Support ◽  
The European Union ◽  
Substantial Impact ◽  
Animal Protection ◽  
Protection Policy ◽  
The Uk

The British people voted to leave the European Union (EU) in a 2016 referendum. The United Kingdom (UK) has been a member of the EU since the Maastricht Treaty was signed in 1993 and before that a member of the European Communities (EC) since 1973. EU animal health and welfare regulations and directives have had a major impact on UK animal protection policy. Similarly, the UK has had a substantial impact on EU animal protection. Brexit represents a substantial political upheaval for animal protection policy, with the potential to impact animal welfare in the UK, EU and internationally. Brexit’s impact on farmed animals will determine the overall impact of Brexit on animals. A major threat to animal welfare is from importing lower welfare products. A major opportunity is reform of UK agricultural policy to reward high welfare outside the Common Agricultural Policy (CAP). A soft Brexit, in which the UK remains in the single market and/or customs union, mitigates the threat of importing lower welfare products. A harder Brexit means threats to animal welfare are more likely to materialise. Whether threats and opportunities do materialise will depend on political considerations including decisions of key political actors. The Conservative Government delivering Brexit has a problematic relationship with animal protection. Furthermore, Brexit represents a shift to the political right, which is not associated with progressive animal protection. There is significant political support in the Conservative Party for a hard Brexit. Further research is required to investigate whether the various threats and opportunities are likely to materialise.

The Elements of a Constitutional Settlement for the European Union

2001 ◽  
Vol 4 ◽  
pp. 1-13
Author(s):  
Alan Dashwood
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
European Council ◽  
The European Union ◽  
Long Run ◽  
The Future ◽  
Charter Of Fundamental Rights

A debate is under way about the future of the European Union. It was started by the Declaration adopted by the European Council of Nice in December 2000, was given more substance by the Declaration of Laeken in December 2001, and received a formal focus in the Convention which has been brought together in Brussels under the chairmanship of former President Giscard d’Estaing. The Nice Declaration referred to, among other things, ‘the simplification of the Treaties with a view to making them clearer and better understood without changing their meaning’, but the Laeken Declaration goes considerably further. There is a section in the Declaration entitled, ‘Towards a constitution for European citizens’, which contemplates possible changes to the structure not only of the Treaties but of the Union itself, including perhaps the abolition of the division into three so-called ‘pillars’, and the distinction between the European Union and the European Communities. The Declaration also raises the matter of the legal status of the Charter of Fundamental Rights which was proclaimed in Nice, and speculates as to the possible adoption ‘in the long run’ of what it calls a ‘constitutional text’. A reordering of the primary instruments of the Union is, therefore, very much on the agenda of the Convention, and the idea has heavyweight political supporters.

ANIMAL TRAPS - EU AND NATIONAL REGULATIONS WITH SPECIFIC EMPHASIS ON THE AGREEMENT ON INTERNATIONAL NORMS OF HUMANE ANIMAL CAPTURE

2018 ◽  
Vol VIII (z. 2) ◽  
pp. 123-137
Author(s):  
Magdalena Micińska
Keyword(s):  
Animal Welfare ◽  
Large Scale ◽  
Animal Species ◽  
Wild Animals ◽  
The European Union ◽  
Animal Protection ◽  
Eu Legislation ◽  
Legal Situation ◽  
The Usa ◽  
The Russian Federation

Animal traps have always accompanied man, with whom the primary people organized the first hunts. Along with the development of hunting art, traps gradually gave way to specialized hunting weapons. However, the use of animal traps on a large scale still occurs in countries that are world exporters of fur and skins of wild animals - Canada, Russia and the USA. Driven by expressed in art. 13 TFEU with the principle of animal welfare, the European Union has introduced a number of regulations to ensure humane catches in member countries as well as in third countries exporting skin and fur. The purpose of this article is to analyze the current legal situation in Poland with regard to the implementation of EU legislation on humane trap standards, with particular regard to the obligations contained in the agreement concluded between the European Community, Canada and the Russian Federation on 22 July 1997 - on international humane trapping standards . Keywords - EU, Poland, Russia, Canada, USA, animal welfare, humane animal protection, snare, poaching, animal species protection, hunting, animal traps, hunting, trapping, hunting law.

Legal status of personality and the institute of citizenship of the european union

2016 ◽  
Vol 5 (2) ◽  
pp. 110-119
Author(s):  
Макуев ◽  
Ruman Makuyev
Keyword(s):  
European Union ◽  
Legal Status ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights

Problematic aspects of the legal status of the personality and its most important element - the institution of citizenship are considered. The standards of the Treaties are widely used: Treaty on the European Union, Treaty on the functioning of the European Union and the Charter of Fundamental Rights of the European Union.

Ethics and Australian mammalogy: reflections on 15 years (1991 - 2006) on an Animal Ethics Committee

2012 ◽  
Vol 34 (1) ◽  
pp. 1 ◽  
Author(s):  
Daniel Lunney
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Animal Ethics ◽  
New South ◽  
New South Wales ◽  
Ethics Committees ◽  
Ethics Committee ◽  
Animal Research ◽  
Animal Protection ◽  
South Wales

This essay on field mammalogy and research ethics presents my reflections on 15 years as a researcher sitting on an Animal Ethics Committee in New South Wales. It outlines the community debate on animal welfare and the ethics of research on animals, how government has responded, and how wildlife researchers can move forward in this arena. Three schools are identified within the animal protection movement: ‘animal welfare’ holds that it is legitimate to use animals as a resource, so long as that use is ‘necessary’ and the animal’s suffering ‘minimised’; ‘animal liberationists’ are likely to oppose most animal research; the ‘animal rights’ position is firmly abolitionist. The instruments that regulate research involving animals are examined, in particular the New South Wales Animal Research Act 1985, the Australian code of practice for the care and use of animals for scientific purposes, and Animal Ethics Committees. Examples of ethical dilemmas involving both native and non-native animals are discussed. The debate over animals in research will continue, and it is clear that far more can be gained by engaging in the debate than avoiding it. It is in researchers’ interests to publicly defend the essential role of science in conserving our native fauna, and to conduct our work within a well managed welfare framework.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

scholarly journals Biopolitics: Animals, meat, food

2009 ◽  
Vol 20 (2) ◽  
pp. 41-58
Author(s):  
Nikola Janovic
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
General Idea ◽  
Food Politics ◽  
Animal Food ◽  
Animal Protection ◽  
The People ◽  
The Right ◽  
Opening Up

The general idea of this text is to reflect biopolitical constitution of the society and its implications related to the issues of animal welfare. Since animal in biopolitical formation is technically reduced to an object - commodity for contentment of the industry and of the people needs - critical public advisories are calling from moral, ethical and legal standpoint for attention to the fact that is necessary to protect animals from the unnecessary exploitation. It is obvious that animal protection is evoking animal rights question. But in the last instance protection of animal rights is related to the nutritional dilemma of animal food use. Question is arising: does animal rights in particular also envisage change in food politics (abandonment of meat food use), what is for instance the extreme veg(etari)an option taking for granted? This challenge sent to the culture of all-food eaters is opening up new questions and dilemmas. First of all, there is a question linked to the right of men to choose his own nutritional option, and of course dilemma which is related to scruples about meat-eaters and their (non)ability to love animals.

scholarly journals Legal status of the pharmacy practice in the European Union and the Republic of Macedonia

2012 ◽  
Vol 58 ◽  
pp. 53-64 ◽  
Author(s):  
Jasmina Patcheva ◽  
Kristina Mladenovska ◽  
Lidija Petrusevska Tozi
Keyword(s):  
Pharmaceutical Care ◽  
Legal Status ◽  
Pharmacy Practice ◽  
Professional Services ◽  
Point Of View ◽  
The European Union ◽  
Republic Of Macedonia ◽  
Hospital Pharmacies ◽  
The Status ◽  
The Republic

From a historical point of view, one can notice that the role of the pharmacists employed in community and hospital pharmacies became more complex. Today, they do not only supply, store, prepare and dispense medicines with ensured quality, but they also provide professional services based on the concept of pharmaceutical care and good pharmacy practice. In this paper, detailed review on the current legislative regulating the status and practice of the community and hospital pharmacies in some EU-member countries and in Macedonia is given. The implementation of the concept of pharmaceutical care and good pharmacy practice in selected EU member-countries, Great Britain, Germany and Slovenia, and in Croatia as a future EU member as well as in Macedonia is also discussed. In addition, set of recommendations for establishing the good pharmacy practice standards is prepared and presented. At the end, an attempt is made to establish a basis for development a modern Law on Pharmacy Practice in the Republic of Macedonia.

The Domestic Reach of General Principles of Law: First City Trading Revisited

2008 ◽  
Vol 10 ◽  
pp. 199-214 ◽  
Author(s):  
Nick Grief
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
The European Union ◽  
Academic Evaluation ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
General Principles Of Law

This is a critical analysis—in the light of the Lisbon Treaty, the Charter of Fundamental Rights and recent European Court of Justice (ECJ) case law—of the judgment in R v MAFF, ex p First City Trading, or at least of that part of the judgment concerning the domestic reach of general principles of law. Laws J held that the legal status of the general principles ‘made’ by the ECJ is inferior to that of the principles enshrined in the Treaty, and that therefore the domestic reach of the former is narrower than that of the latter. In the years since the judgment was delivered, however, it does not appear to have been considered by the ECJ and there seems to have been little academic evaluation of its cogency and implications. One commentator considered that the distinction drawn by the judge seemed correct. Another was critical, asserting that ‘the distinction between principles based on Treaty provisions and general principles of law cannot be deduced from the case law of the Court of Justice’. The possible entry into force of the Treaty of Lisbon, which recognises that the Charter of Fundamental Rights of the European Union (and thus presumably the rights, freedoms and principles within it) has ‘the same legal value as the Treaties’, makes it appropriate to revisit the judgment and consider whether Laws J’s approach was correct.

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