Mainstreaming after Lisbon: Advancing Animal Welfare in the EU Internal Market

Abstract

This article traces the evolution of EU animal welfare law and policy. What scope do Member States have to protect the welfare of animals? Two recent United Kingdom judgments are considered in which animal welfare was condoned as providing a justifiable reason for restricting the free movement of goods. In the absence of an EU animal welfare policy underpinned by a legal basis on which to adopt animal welfare laws, to what extent have the EU institutions legislated in order to protect the welfare of animals. Post Lisbon, what is the significance of the incorporation of animal welfare as a value on which the EU is premised? To what extent can the internal market provision be utilised to legislate for animal welfare? What potential does mainstreaming animal welfare hold for the development of EU animal welfare policy and law, for the CJEU and for compliance with EU animal welfare standards?