A comparative analysis of animal abuse penalties within the EU: the case for Maltese legal reform

Abstract

This study discusses the issue of animal abuse and the need for harsher penalties to prevent it. It highlights the legal loophole and the lack of voice that animals have, making it necessary for humans to report abuse on their behalf. It focuses on the abuse of pets, especially cats and dogs, and compares Maltese animal welfare laws with those of the European Union and certain European countries. The study aimed to conduct a comparative analysis of animal abuse penalties in Malta and selected EU countries, namely Luxembourg, Austria, and Czech Republic, and gather primary and secondary data from NGOs and competent authorities. This study concludes that while Malta has made progress in protecting animals, there is still a need for harsher penalties and updated legislation. It also discusses the need for legal reform in the Maltese Animal Welfare Act to address the issue of legal loophole and provide more guidance to the courts when determining penalties for animal abuse cases. The current legal framework allows for a large disparity in fines between different offenses, and the courts are often reluctant to issue high penalties. The study suggests that a list of offenses and corresponding fines should be provided to help the courts determine the most appropriate punishment, and stricter measures should be put in place to prevent repeat offenders from owning animals in the future. The Maltese government should take a more proactive approach to safeguard animals from abuse by amending and strengthening the current legislation.