Animal Law in Denmark and the Enforcement Gap

After introducing the Danish legal framework for animal welfare, this chapter goes on to analyse the problems relating to enforcement and the particular questions this raises with regard to rules that originate in EU legislation. Two examples highlight the difficulties of enforcement of animal welfare legislation in Denmark: Administrative rules on tail docking of pigs and the lack of enforcement concerning the widespread keel bone fractures among egg-layers. The absence of legal representation of animals’ interests in law is identified as a main cause for the enforcement gap. In other jurisdictions, this problem has been addressed in various ways, which may offer inspiration. Furthermore, it is reasonable to draw on experience from the field of environmental law, which also concerns an object of legal protection that does not have a voice of its own. A particularly potent source of inspiration is offered by the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention), which has played a significant role in overcoming the enforcement gap concerning environmental protection.