The Danish Food and Agriculture Organization ( L&F ) has sued the state to legally have the courts decide whether the government’s temporary ban on new establishment and expansion of conventional pig production is legal or null and void.
The organization, like a number of legal experts, believes that the ban was implemented without the necessary legal basis.
The Danish Agency for Green Land Redevelopment and Aquatic Environment has issued the executive order, and thus it is also the agency that is being taken to court.
In L&F’s opinion, the Animal Husbandry Act does not allow the Minister to generally cut off an entire form of production from having applications for establishment or expansion processed through an executive order. The Act cannot be used to regulate animal welfare, even if that is the government’s wish.
When the executive order is not withdrawn, L&F must request urgent processing, as the current situation and uncertainty are already having consequences for investments, jobs and companies throughout the value chain.
The government announced the halt on September 23, and L&F has since repeatedly criticized the legal basis. In its response to the consultation, the organization has, among other things, called on the government to withdraw the proposal and warned that the case could end up in court.
Christian Fink Hansen, Director of the Agriculture & Food Sector for Pigs, says: I am sincerely disappointed that it is necessary to go to court. Throughout the process, we have drawn attention to the lack of legal basis and urged the government to withdraw the executive order. When some of the country’s leading legal experts in the field assess that there is no necessary basis for such a far-reaching intervention, we cannot just stand by. Then we have to have the issue tested in court.
The petition is not about whether political changes can be made in Danish pig production, but about how such changes are implemented.
Regardless of what one thinks about pig production, intrusive business regulation must have a clear basis. This also applies when the political desire is strong. The government could have submitted a bill and let the Folketing handle the matter. Instead, they have chosen an executive order that effectively closes off the development of an entire form of production from one day to the next. It is a question of principle that goes far beyond pig production, says Charlotte Bigum Lynæs, legal director at the Danish Ministry of Agriculture & Food.
According to L&F, the Livestock Act aims to protect nature, the environment and the landscape, while animal welfare is regulated through other legislation.
