Challenging statutory basis for animal welfare regulation and isoflurane anesthesia for piglet castration

The Federal Constitutional Court refused to accept the constitutional complaint for decision, thereby leaving the challenged legislation and its underlying administrative framework in force against the complainant. The dispute concerned a direct challenge to Section 21(1), Sentence 1 of the Animal Welfare Act (TierSchG) in its version of December 17, 2018, and the Regulation on the Implementation of Isoflurane Anesthesia for Piglet Castration by Skilled Persons (FerkBetSachkV). The court invoked Section 93d, Paragraph 1, Sentence 3 of the Federal Constitutional Court Act (BVerfGG) to dispense with a statement of reasons for the non-acceptance, resulting in an unchallengeable procedural dismissal without a substantive review of the norms’ constitutionality.