EU Court Weighs Religious Freedom vs. Animal Welfare in Belgian Slaughter Ban

The Coordination Committee of Jewish Organizations in Belgium has pointed out in its appeal that "democracy is first and foremost measured by respect for minorities". It denounces the questioning of the integration of their community in Europe and wishes that the CJEU could go in the same direction. Thus, in an opinion published on September 10, Gerard Hogan, Advocate General of the CJEU, considers that the ban imposed in these two regions is not authorized by European Union law, reports 7sur7.be

He believes that Member States may adopt stricter rules than those provided for by Union law, but must not touch the exemption prescribed in favor of religious rites. He emphasizes that the Court should not allow "this specific political choice to be emptied of its substance by the fact that certain Member States adopt particular measures in the name of animal welfare, which would have the material effect of reducing to nothing the exemption in favor of certain members of religious denominations".

Flemish Minister Ben Weyts, who was already in charge of Animal Welfare at the time of the adoption of the decree, declared on Thursday that he was "fundamentally in disagreement" with the Advocate General. He stated that slaughter without stunning is not at the heart of religious practice in all Muslim countries. He explains that "freedom of worship does not grant the right to kill". He specified that the decree was unanimously adopted by the Flemish parliament, and that in a state of law, "democracy comes first".

As for Brussels Minister Bernard Clerfayt, where the Muslim community is significantly represented in the population, he prefers to wait for the final opinion of the court on the matter. For him, the court may not follow the opinion of the Advocate General.

The Animal Interest Action Group (GAIA), a Belgian animal rights association, says it is disappointed by this opinion and is eagerly awaiting the judgment of the Court of Justice. "We are disappointed and even perplexed. This opinion is a surprise to us," commented GAIA president Michel Vandenbosch.

The CJEU’s ruling is expected by the end of the year and, according to Me Anthony Godfroid, GAIA’s lawyer, the last word rests with the Grand Chamber of the Court of Justice and the probability that it will be different from the Advocate General’s opinion is very strong, the same source specifies.