Update 27 July 2022 claimants have now taken their case to the European Court of Human Rights, following the Belgian Constitutional Court’s September 2021 finding, itself in application of the CJEU’s judgment on same, that the Flemish ban on unstunned slaughter does not violate the Belgian Constitution. The ECHR case will be an interesting pitch of ECHR v EU fundamental rights.
Update 29 April 2019 I bumped into the amicus brief of the Becket Fund for Religious Liberty, in the New Zealand case which raised similar issues, here.
I have of course posted regularly on the issues of unstunned slaughter, freedom of religious expression and animal welfare (search tag ‘shechita’ should pull out the relevant postings). The Belgian Constitutional court, to the expectations I assume of counsel in the case, yesterday referred to the CJEU for preliminary reference (CC cases 52 and 53/2019); update January 2020 at the CJEU the case is number C-336/19).
The subject of the litigation is the Flemish decree banning unstunned slaughter outright (for standing reasons the similar Walloon regime is no longer sub judice). The Belgian court requests the CJEU to clarify its judgment in C-426/16, on which I reported here,
Q1: does Regulation 1099/2009 allow Member States to introduce an outright ban; Q2 in the affirmative, is that compatible with the Charter’s right to religious expression; Q3 in the event of an affirmative answer to Q1: the elephant in the Regulation’s room which I flagged years back: is it not discriminatory to allow Member States to restrict religious slaughter, while simply exempting hunting, fishing and ‘sporting and cultural events’ from the Regulation altogether.
Readers will know my answer to these questions.
Geert.
gavc law - geert van calster 