The role of the Federcaccia
Finally, the Lombardy Region has accepted the appeal launched dozens of times by Federcaccia Brescia through the Cacciapensieri column to formalize a formal act towards the Government for the perpetually anti-hunting action of Ispra. On the initiative of Floriano Massardi but with the support of the other councilors Carlo Bravo and Claudia Carzeri, a document was drawn up on which the signatures of the majority councilors were then collected. As many as 42 have put their signature on a total of 48 councilors who support the Fontana presidency. An extraordinary result that demonstrates the commitment of those who drafted the document and its importance, a document that will not leave ministers and the Government indifferent. It would be appropriate for other regions that suffer Ispra's ideological and non-technical opinions on a daily basis to also make a similar initiative, making institutional action even more pressing.
A historical short circuit
Below is the text of the letter addressed to ministers Lollobrigida and Pichetto Fratin: “There is an obligation to report an anomaly in the system for carrying out the institutional tasks attributed to ISPRA by article 2 of the Decree of 21 May 2010, n. 123. The sentence stigmatizes a historical short circuit identified in the chronicity of ISPRA's action strategy which ideally always runs on the same track guided by a univocal and constant orientation, often hindering and with a paralyzing effect with respect to the exercise of prerogatives and decision-making obligations placed at the head of the Regions. The proportions of the problem range from the opinions regarding the exceptions referred to in Directive 2009/147/EC and the related "Guide to the discipline of hunting" - already referred to in the sentence - up to the regional hunting calendars".
Derogation regime
“This is confirmed by the jurisprudential arrest of the Council of State which, definitively ruling, censures the omissive behavior of ISPRA with reference to the Institute's failure to provide an opinion on all the issues assigned by the Liguria Region. It should be underlined that the requests, in this case, related to the opinion on the exemption regime for the taking of birds and the determination of the so-called "small quantity". The mandatory, but not binding, opinion was issued for the derogation (in the name of denial), but not for the identification of the small quantity. There is therefore a style of action close to the search for a coercive imposition that the regulatory dictate does not grant to the opinions of the Institute, considering it a highly qualified scientific support body, but without the decision-making power conferred on the competent public administration pursuant to article 117 of the Constitution".
Objectivity and scientificity
In-depth reflection is also given to the financial structure of the Institute which is supported entirely by public funds both to guarantee its functioning and for the jurisdictional defense entrusted to the State Attorney's Office. There is therefore an urgent need for an incisive redirection towards the correctness of the action of ISPRA which, in carrying out its tasks, pursues the objectives of objectivity and scientificity in compliance with the legal provisions in force, in order to fulfill its functions and avoid the multiplication of disputes on the issues brought to light by sentence 982/2024, in consideration of the publicity made by it and the reiteration of the Institute's working methods. Trusting in your timely intervention within the top management of ISPRA, we await feedback on the above. Furthermore, with a view to interinstitutional cooperation, a meeting on the topic in question is proposed on a date to be agreed upon in the shortest possible time" (source: FIDC Brescia).