Interwencyjne odebranie zwierzęcia: procedury administracyjnoprawne, prawa właściciela i rola organizacji prozwierzęcych
Intervention-Based Animal Seizure: Administrative and Legal Procedures, Owner’s Rights, and the Role of Animal Protection Organizations

Summary/Abstract: The article presents the complex issue of intervention-based animal seizure in the Polish legal system, focusing on the inherent conflict between the right to property and the growing importance of animal welfare. The study highlights the evolution of the legal foundations for animal protection, emphasizing the fundamental shift in the legal status of animals from “things” to “living beings,” which serves as an axiological basis for the institution of emergency seizure. The paper provides a detailed analysis of administrative and legal procedures related to both temporary and permanent seizure of animals, distinguishing between the regular procedure (administrative decision) and the emergency procedure (immediate action by public authorities or animal protection organizations, followed by an ex post administrative decision). The analysis also addresses the application of the state of necessity in situations involving the rescue of endangered animals, which demonstrates the priority of animal welfare over property rights in crisis situations. Furthermore, the article examines the role and powers of animal protection organizations in the intervention process, while highlighting controversies and practical challenges, including the phenomenon known as the pet business, in which animal suffering is sometimes exploited for financial gain. It also discusses the problem of unjustified interventions and the need to balance effective animal protection with respect for owners’ rights and the prevention of abuses. The conclusions point to the necessity of a clearer interpretation of the law, increased public education, and stronger oversight mechanisms for organizations conducting interventions to ensure consistency between legal and ethical frameworks for animal protection.

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