Execution of the animal protection law (section 16a TierSchG)

The measures of execution as laid down in Β 16 a of the animal protection law (TierSchG) are of great importance in the daily work of the state offices for veterinary affairs to put an end to conditions of animal treatment offending against the law. Compared to the other available legal means 1. the administrative offences (fines) and 2. the penal law (fines or imprisonment) they offer the advantage that the guilt of the animal holder (intent or negligence) need not be proved. A thorough documentation of the controls made at the respective controlled place which offers evidence even in a trial is the main condition for carrying through effective measures of execution. To issue an administrative order requires in particular 1. to observe the principle of precision, 2. to fulfill the obligation to exercise discretion and 3. to provide well-founded reasons to support the decision of immediate execution. To be successful in court, certain basic requirements must also be fulfilled when a fine is imposed or a complaint is made by the state offices of veterinary affairs.