Case C-336/19 Centraal Israëlitisch Consistorie van België: Animal welfare and freedom of religion
| Author | Yumiko Nakanishi |
| Date | 01 October 2021 |
| Published date | 01 October 2021 |
| DOI | 10.1177/1023263X211027497 |
| Subject Matter | Case Notes |
Case Note
Case C-336/19 Centraal
Israe
¨litisch Consistorie van
Belgie
¨: Animal welfare
and freedom of religion
Yumiko Nakanishi*
Abstract
Article 13 of the Treaty of the Functioning of the European Union (TFEU) explicitly provides for
animal welfare. Animals are sentient beings, and thus the EU and Member States have an obligation
to take animal welfare into consideration. At the same time, Article 10(1) of the Charter guar-
antees freedom of religion. Case C-336/19 Centraal Israe
¨litisch Consistorie van Belgie
¨dealt with the
balance between animal welfare and freedom of religion. Regulation 1099/2009 stipulates that
animals must be protected at the time of killing and established the principle of prior stunning in
slaughter. Ritual slaughter based on religion is accepted as a derogation of this principle. In the
Centraal case, which is pivotal in the context of ritual slaughter, the opinion of Advocate General
Hogan and the judgment of the Court of Justice of the European Union were divided over the
interpretation of the contested regulation. Ultimately, the Court demonstrated a definite pre-
ference for animal welfare over freedom of religion. In so doing, the Court attached a high value to
national legislative competence and in paying attention to changes in society to ensure that citizens
are increasingly aware of animal welfare.
Keywords
Animal welfare, ritual slaughter, freedom of religion, national legislation, Belgium
* Hitotsubashi University Graduate School of Law, Tokyo, Japan, Visiting Scholar at the Max Planck Institute Luxembourg
for Procedural Law
Corresponding author:
Yumiko Nakanishi, Professor of European Union Law, Hitotsubashi University Graduate School of Law and Faculty of Law,
Naka 2-1, Kunitachi, 186-8601, Japan.
E-mail: yumiko.nakanishi@r.hit-u.ac.jp
Maastricht Journal of European and
Comparative Law
ªThe Author(s) 2021
Article reuse guidelines:
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DOI: 10.1177/1023263X211027497
maastrichtjournal.sagepub.com
MJ
MJ
2021, Vol. 28(5) 687–698
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