On Tuesday 29 May (C-426/16), the Court of Justice of the EU ruled that ritual slaughter without stunning may take place only in an approved slaughterhouse.
Several Muslim associations complained to Belgian justice to denounce the fact that, during the traditional feast of sacrifice, the Flemish region has refused, since 2015, to issue approval for the ritual slaughter without stunning of sheep at temporary, unapproved sites of slaughter, citing Regulation 1099/2009 on the protection of animal welfare. According to these associations, this obligation restricts religious freedom for Muslims, a right guaranteed by the EU Charter of Fundamental Rights (Article 10) and the Treaty on the Functioning of the EU (Article 13).
The Court, which endorses the reasoning of the advocate general (see EUROPE 11916), takes the view that the obligation imposed by the Flemish region does not infringe upon freedom of religion of practising Muslims as it is only intended to organise and manage the freedom to practise ritual slaughter without prior stunning, for religious purposes.
In addition, the European judge says, the Union legislator has reconciled respect of the particular methods of slaughter prescribed by the religious rites with that of European rules on the protection of animal welfare during slaughter, and the health of those consuming meat from animals.
Finally, it is the Court’s opinion that a specific problem of slaughter capacity in a region of a member state, linked to the rise in demand for ritual slaughter in the space of a few days due to the traditional feast of sacrifice, results in a turn of events that cannot affect the validity of the regulation. (Original version in French by Mathieu Bion)