Definition of a Pet Animal in the Animal Protection Act: De lege lata Conclusions and Analysis of the Proposed Amendment to the Act in the Citizens’ Legislative Initiative (Sejm of the Republic of Poland, 10th Term, Document no. 700)

Abstract

The Animal Protection Act contains several legal provisions establishing specific prohibitions and obligations referring to the treatment of animals classified within the category of “pet animals”, a term defined in Article 4 (17) of this Act. Consequently, the wording of this definition has significant implications for the interpretation and application of the provisions where the term “pet animals” is used. However, the practice of applying these regulations indicates a wide discrepancy in the interpretation of the defined term. Currently, the Sejm of the Republic of Poland (10^th term) is working on various draft amendments to the Animal Protection Act, including a citizens’ legislative initiative (document no. 700), which proposes a revision of the definition in question. This paper analyzes Article 4 (17) in its current form and reviews the related literature, as well as presents the content of the proposed amendment and the opinions concerning it. The conclusions confirmed the need to amend the definition of the “pet animals” category due to its vague scope and outlined concerns regarding the wording of Article 4 (17) as proposed in the citizens’ initiative. It was questioned whether the proposed wording of the definition would solve the interpretation issues associated with the provisions where the term “pet animals” is used.