Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach

Abstract

Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective – subjectless – duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.