At the end of last year, the Constitutional Court (VfGH) surprisingly overturned the ban on fully slatted floors in pig farming from 2040, including the transitional regulation agreed between the Greens and ÖVP, at the request of the SPÖ sole government in Burgenland. The result: Thousands of Austrian pig farms have been left without legal and planning security for a year. Many farming families are faced with the loss of their economic existence, while countless stable doors at home could remain closed forever. The security of supply of red-white-red pork is in great and acute danger.
Background to the ban
In 2022, the ÖVP and the Greens decided on a groundbreaking regulation across Europe that focused on both animal protection and security of supply. A transition period until 2040 should give local pig farmers planning security. The high investments in stable conversions and new buildings leave the affected farmers no financial scope for further investments. Since fully slatted flooring is the European production standard and is also the norm in stables in neighboring countries, a ban would massively disadvantage Austrian agriculture and represent an attack on the domestic security of pork supply. It was therefore always clear to the Lower Austrian Farmers’ Association: It needed both planning security for the Austrian pig industry and investment protection for newly built stable buildings.
Legal expert expressed concerns
Immediately after the VfGH decision became known, the Lower Austrian Farmers’ Association contacted the renowned constitutional lawyer Dr. Andreas Janko, Vice Rector of the JKU Linz. He was commissioned to investigate the matter. “The long period of uncertainty is fueling fears for the future among farmers and endangering the future of the industry,” says Lower Austrian Farmers Association director Paul Nemecek, emphasizing the urgency of a solution. That from Dr. Janko’s legal opinion makes it clear that, although the Constitutional Court has repealed the regulation passed in the National Council, the current situation is not yet automatically constitutional.
Pig farmers went on the offensive
Already in the summer, several affected pig farmers from Lower Austria, Upper Austria and Styria went on the offensive and submitted an individual application to the Constitutional Court to clarify the situation. In it they criticized the lack of legal and planning security as well as the lack of investment protection. At its last meeting, however, the VfGH dealt less with the pig farmers’ concerns and instead rejected the application based on legal practices. The ban is not yet in force and the federal government still has enough time to repair the legal situation. However, the Constitutional Court’s decision also clearly stated that there is currently no legal certainty for the thousands of pig farmers: “Although the applicants must be admitted that they are currently in the (…) phase of an uncertain future legal situation.”
Order to the future federal government
The Lower Austrian Farmers’ Association is calling for a rapid restoration of planning and investment security for Austrian farming families. As an advocate for farmers, the Farmers’ Association will continue to consistently advocate for the future of Austrian agriculture. One thing is clear: the federal government must act within the constitutional framework and immediately bring about a legal solution for pig farmers. A practical proposal, which was developed by the Farmers’ Association in collaboration with the Austrian Pig Farming Association, has been available for months.
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