Tierschutz durch den Verordnungsgeber

The research question as to whether the legislator has a duty to act, on the basis of which he alone has to enact concretising husbandry requirements at the ordinance level with regard to the possibility of movement of animals used for agricultural purposes, is answered with "yes". Codes of conduct by the economy are not an equivalent act of performance if there is an evident violation of the prohibition of undersize. This is justified by the Animal Welfare Act in conjunction with the state objective of animal welfare. A regulation that does not meet the requirements of the Animal Welfare Act also violates the state objective. At the regulatory level, an explicit ban on a form of husbandry is also possible.