Citation

Hülsenbusch M. Dtsch. Tierarztl. Wochenschr. 2005; 112(3): 98-99.

Vernacular Title

Konsequenzen aus dem Urteil des Bundes- verfassungsgerichts zur

Affiliation

Ministerium für Umwelt und Naturschutz, Landwirtschaft und Verbraucherschutz des Landes Nordrhein-Westfalen, Düsseldorf.

Copyright

(Copyright © 2005, Verlag M and H Schaper)

DOI

unavailable

PMID

15847070

Abstract

The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

Language: de