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The „reasonable reason“ in the German Animal-Protection-Statute (Tierschutzgesetz) – at the same time a commentary on the chicken-decision of the Oberverwaltungsgericht NRW
Guenter Hager
Affiliation: -
Keywords: Animal-Protection-Statute, "reasonable reason", chicken-decision, Tierschutzgesetz, "vernünftiger Grund", Küken-Entscheidung, Oberverwaltungsgericht
Categories: Humanities, Social Sciences and Law
DOI: 10.17160/josha.3.5.227
Languages: German
In Germany, the legal aspects of large scale killing of male chicken after hatching have been addressed in Criminal Law as well as Administrative Law. According to the German Animal-Protection-Statute the killing is permitted, if it is based on a reasonable reason. The “Oberverwaltungsgericht NRW” has now ruled that economic considerations can be a reasonable reason. This article takes a closer look at the decision and “the reasonable reason” concept in this context leading to the result that economic considerations cannot be accepted as reasonable reasons and that therefore the killing of the chicken is unlawful. INSTITUTION: Faculty of Law, University Freiburg, Germany. [Article in German]