Tutela degli animali e libertà religiosa: sull’interpretazione normativa di precetti religiosi nel quadro degli scambi commerciali transfrontalieri. (Nota a sentenza Corte di Giustizia dell'Unione europea grande sezione 17 dicembre 2020 (causa C-336/19, Centraal Israëlitisch Consistorie van België et al. vs Vlaamse Regering))

The article comments the decision of the Court of Justice of the European Union in the case C-336/19, concerning the Regulation 1099/2009/EC on the on the protection of animals at the time of killing. The Court clarified that Member States are not obliged to ensure the derogation from the principle of prior stunning of animals during slaughter, in relation to slaughter carried out for religious purposes. Indeed, national law can ensure a fair balance between animal welfare, as a value recognised by Article 13 TFEU, and the right to manifest religion, guaranteed by Article 10 of the EU Charter of Fundamental Rights. The Court of Justice has held that the possibility of importing food from abroad allows religious minorities to respect the precepts imposed by their beliefs, without sacrificing the animal welfare standards in force within a given national legal system. However, the Court did not take into account that this perspective could be weakened if an increasing number of States decided to adopt more restrictive rules against slaughter without prior stunning. In general, the decision offers the floor to some reflections on the "global appeal" of EU law and on the reconciliation of international trade rules and instruments protecting non-trade values