For many years now, as well as the rescue and rehoming work, which we appreciate is first aid, we have tried to tackle the galgo problem at source.
Recently we contacted some MEP’s to obtain information about what can be done through the auspices of the EU to bring to an end the terrible cruelty to the galgos.
We have received much information which sadly shows that bringing about changes in Spain for the galgos is a very complex matter.
It seems that the problem with EU-wide action on animal rights issues (and this applies across the board, from bullfighting to fox hunting) is that the EU does not have the legal competency to pass legislation solely on the basis of the need to protect animal welfare. All EU law has to be based upon articles in the Combined Treaties on European Union (ie, the combination of the various Treaties that have been signed by the Member States – Rome, Maastricht, Nice and eventually Lisbon). If a piece of legislation is passed that does not have a foundation in Treaty, then it cannot be applied into EU law and will be struck down in the courts. Unfortunately there is no basis in the Treaties which allows for legislation purely to protect animal welfare.
This means that at present there are three ways by which legislation to protect Spanish galgos could be passed. The first would be to find a way of using existing competencies as defined under the Treaties to pass EU legislation.
The most likely is Agriculture under Title II of the EC Treaty; however this would probably not be supportable as animal welfare is not listed as a defined objective of the Common Agricultural Policy; all other ways into this option would be similarly open to legal challenge.
A second way in would be to change the terms of the EC Treaty to allow for legislation based on the need to protect Animal Welfare.
There have in fact been numerous attempts to achieve this, most recently in the negotiations over the Treaty of Lisbon, however they have not been successful. The closest has been a protocol in the Treaty of Amsterdam which requires EU institutions to take into account the animal welfare implications of EU legislation.
Any amendment of the Treaties would have to be performed by the governments of the Member States, so this would be a matter to lobby the government in Westminster about. There is much controversy over the Treaty of Lisbon, and controversies over Maastricht in the 1990s, it is not a small task to amend the EC Treaty as it is essentially changing the rules on how the EU works, and is therefore a natural lightning rod for political controversy.
The third way would be for legislation to be brought in by the Spanish government, which has unlimited power to bring in legislation on animal rights in Spain. This would realistically be the most likely method as it would not be open to legal challenge. It would also be most appropriate as the mistreatment of Galgos occurs overwhelmingly in only one EU country, Spain, and EU law should ideally be applicable to all or most EU countries.
The next holder of the rotating Presidency of the European Council will be Spain, and this will inevitably draw attention to the Spanish government’s record on animal rights.
To this end we will be making a joint protest to the Spanish Government during their Presidency.
We are in the process now of investigating the most effective form of approach to the Spanish Government. We will then be seeking the support of our European partners.
We are all too well aware of the difficulty in persuading the Spanish Government even to enforce their existing laws but we hope our supporters will approve our efforts in this direction.
Those of us dedicated to helping the galgos of Spain must never rest until their barbaric treatment is brought to an end.