Expert opinion on the positive list

Prof. Dr. Dr. Tade M. Spranger from the Faculty of Law at the University of Bonn has prepared an "Expert Opinion on the Legal Admissibility of the Introduction of a National Positive List for Pet Animals with Special Consideration of Constitutional and European Law Aspects" on behalf of the German Pet Trade Association (Zentralverband Zoologischer Fachbetriebe Deutschlands e.V. - ZZF).

The expert opinion states that although stricter measures for the protection of animals are permissible in principle, a national positive list would be a violation of applicable international law. The introduction of a positive list would also be a violation of EU law, including the free movement of goods. A positive list also violates fundamental rights such as freedom of occupation and the general rights of personality. Such interventions are not compatible with the principle of proportionality.