Legislation and Implementation of Animal Laws

Abstract

The history of humankind has been essentially a history of, for and by some men in power. The eighteenth century saw the abolition of slavery and the slave trade at least in some parts of the world while the nineteenth century saw a gradual emancipation of women. The present century will focus not only on the total eradication of slavery and the discrimination of women and other vulnerable groups but also see serious challenges to the idea of all animals (other than the so-called homo sapiens) as things and, as the case may be, private property. Article 13 of the Treaty on the Functioning of the European Union (TFEU), which entered into force in 2009, is a sign of changing times. According to this provision, "animals are sentient beings". But what does this mean in concrete terms? How to distinguish between different categories of animals (as few people advocate the equal treatment of, say, human beings, gorillas, sheep and flies)? This new Journal will provide a welcome forum for exploring such questions further. It should also provide a forum for legal analysis of more down-to-earth questions such as improving the normative framework for livestock farming in the short and medium term. I wish the new Journal every possible success in these formidable tasks.

Professor Allan Rosas, Dr. juris, Dr. h.c.
Judge at the European Court of Justice, Luxembourg
Professor at the College of Europe, Bruge
Distinguished Jurist in Residence at the Dedman School of Law, SMU, Dallas