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Animal Welfare and the Right to Freedom of Religion before the CJEU The Case of Stunning and Ritual Slaughter
Author(s): van der Schyff, Gerhard
Editor(s): Gliszczyńska-Grabias, Aleksandra; Hacohen, Aviad
Date: 2025
Topics: Shechita / Ritual Slaughter, Law and Justice, Main Topic: Other, European Union / European Commission
Abstract: This chapter discusses the issue of abolishing religious exemptions from the obligation to stun animals before slaughter in the interest of animal welfare. The chapter focuses on the ruling of the Court of Justice of the European Union in the matter of Centraal Israëlitisch Consistorie van België and Others v. Vlaamse Regering. It concludes that Member States are in principle allowed to require stunning in the context of ritual slaughter but that the margin of appreciation in this case was probably too wide. For this reason, the possible effects of a narrower margin are investigated. The chapter also argues that the cumulative effect of abolishing religious exemptions across the European Union should be considered when deciding whether the right to freedom of religion was limited in a proportionate manner.