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German
breed ban is now ruled illegal
CAMPAIGNERS
AGAINST Germany’s draconian ‘Fighting Dog’ laws
were celebrating a long-overdue victory last week after a top
German court ruled that One State’s list of ‘dangerous’
breeds was illegal.
On Wednesday July 6th, the Senate of the Supreme Administration
court in Berlin decided to cancel the directive of the state
Niedersachsen (Lower Saxony) along with its list of ‘dangerous’
dog breeds. (Just a few weeks previously, another court ruled
in favour of the breed list set by the State of Brandenburg).
The Berlin judges said that the content of the directive goes
to far for a directive which is made by a single minister. The
law infringes too deeply on the individual rights of the people.
Such a law may only be passed by a State Parliament.
The breed list was not the only point the judges criticised.
For the first time since the breed lists in Germany has been
come to force two years ago, it was stated that there is NO
scientific evidence that any one dog breed is more dangerous
than another. The judges backed the breed experts and scientists’
findings that it requires several components which make a dog
dangerous.
German anti-BSL campaigner Cathie Dettmar spelt out the upshot
of the ruling. She told OUR DOGS:
“The ENTIRE dog law was thrown out. This means no more
breed list, no more sterilisation, muzzles and short leashes!!!
This ruling has been made by the same court we are taking the
case for the Bull Terrier breed to, to remove the breed from
the national Federal German ‘dangerous’ breed list.
“This ruling has sent a message to the other 15 states
in Germany that their dog laws may also not hold
Canine behaviourist Dorit Feddersen-Petersen from Kiel found
during tests on 219 dogs of the breeds American Stafford, Bull
terrier, and pit bull type and related crosses, which had all
been classed as dangerous, there was only one dog of ‘abnormal’
behaviour, the character of nearly all other animals tested
came out as “excellent to good”.
Hundreds of tests run at the Veterinary College, Hanover showed
“without doubt” that these breeds “do not pose
a major threat”, according to the Chairman of the Institute
for Animal Protection and Behaviour, Hansjoachim Hackbarth.
Far more problems are caused by animals which are not classed
as fighting dogs, such as Dobermanns and Rottweilers. Hackbarth’s
conclusion from his test is that instead of setting up general
breed bans there should be a “genetic selection” process,
whereby dogs which are used as studs or for breeding should
generally have a character test carried out to prove that they
are not inherently aggressive.
Delighted
Phil
Buckley of the Kennel Club commented on the court’s decision:
“The Kennel Club is delighted to learn of the positive
news from Germany that the Lower Saxony Court have ruled that
the draconian canine legislation is ‘null and void’
within that Lander. German citizens now feel that it will
be far easier to convince judges that are dealing with this
issue on a Federal level that the legislation is clearly flawed
and should be disbanded, and they feel very positive about
their campaign. Cathie Dettmar and all of her campaigners
in Germany obviously have full Kennel Club support on this
issue.
“ We are also aware that Dr Brian Hill, a Bull Terrier
enthusiast resident in the UK, has contacted the European
Commission saying that the German Legislation breaches the
‘Principle of mutual recognition’ under the Single
European Act, and Dr Hill’s demand that his complaint
be referred to the European Court of Justice has been registered
by the Commission. Whilst this is obviously no guarantee that
the matter will be pursued, Dr Hill feels that the Commission
has accepted that there is a case to answer. We will continue
to monitor developments in Germany with interest, whilst assisting
where we can.”
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