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
governments record on animal rights.
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