The Danish Agriculture and Food Council (DAFC) has threatened legal action over the government’s proposed one-year suspension of permits for new conventional pig farms and the expansion of existing facilities.
The permit freeze is part of the Danish government’s plans for radical reform of its pig sector to improve welfare and sustainability and cut back on production, with a view, in particular, to curbing its large live export trade.
It is scheduled to take effect on October 26, with applications submitted since September 23 assessed under the proposed rules.
DAFC has raised questions about the government’s legal authority and potential compensation claims, the Copenhagen Post reported.
“If the amendment to the executive order is implemented, a number of lawsuits regarding liability for compensation for economic losses as a result of the regulation must be expected,” the council stated.
Christian Fink Hansen, the council’s pig sector director, called for an assessment of the proposal’s economic impact on businesses. Otherwise, the industry could otherwise be forced to pursue compensation claims in court, he said.
Several legal experts have questioned whether Nature and Animal Welfare Minister Christian Rabjerg Madsen has the authority to impose the restrictions.
Rejecting those concerns, Mr Madsen cited assessments by lawyers from his ministry and the Justice Ministry.
“I am completely at ease. I do not make an amendment to an executive order without an assessment of the legal basis having been carried out,” he said.
Although the government’s June platform proposed introducing the measure through legislation, he instead used an executive order, which does not require parliamentary approval, according to the report.
The government said the suspension would remain in place while it clarifies future production rules through negotiations involving the pig industry.