Unfounded doubts
The AB Association welcomes the recent ruling of the Lazio Regional Administrative Court (Second Third Section) which establishes the legitimacy of wildlife management in Italy. With ruling no. 04460/2026, the judges effectively sealed the framework of the Extraordinary Plan for the Management and Containment of Wildlife, confirming that the path taken is the correct one to protect biodiversity and landscapes. One of the most significant steps for our Association is the rejection of the constitutional legitimacy questions raised against Article 19-ter of Law no. 157 of 1992. The judges defined these doubts as "manifestly unfounded." The extraordinary planning activity was deemed fully compatible with EU and national principles, provided it respects the protection of protected areas and wildlife.
Technical tools
The ruling officially legitimizes the technical tools needed to address the wild boar emergency:
- Selective culling: Both daytime and nighttime culling are confirmed
- Technology at the service of the territory: The use of light intensifiers, viewers and lighting instruments is legitimized to ensure effectiveness and precision
- Alternative methods: Although the Plan provides for culling and capture as the main tools, the judges reiterated that integration with alternative methods is possible and must be evaluated on a case-by-case basis by the Regions.
Important clarifications
Despite the overall positive judgment, the TAR introduced some important clarifications:
- Public safety (Article 21 of Law 157/92): The judges annulled the part of the Plan that sought to indiscriminately disregard the prohibitions set forth in Article 21 of the Framework Law. Therefore, safety regulations, such as the ban on shooting at homes or carrying weapons in residential areas, remain untouchable.
- European Constraints: The court recalled that generalized exemptions to EU bans on the use of non-selective trapping methods (the Birds and Habitats Directive) cannot be introduced. Protecting biodiversity remains the priority.
- Para-native species: The automatic exclusion of alternative methods for "para-native" species (those present before 1500 AD such as fallow deer and wild rabbit) has been cancelled, as they cannot be equated in all respects with invasive alien species.
Protected areas
The Regional Administrative Court also overturned the provision for the automatic appointment of the regional protected area management bodies in the event of failure to comply with the Plan within six months. The judges stated that the replacement power must have a specific legal basis and cannot infringe on the regulatory autonomy of the Park Authorities established by Law 394/1991. This ruling represents a victory for those who believe in scientific and pragmatic wildlife management. The Extraordinary Plan has emerged strengthened in its supporting structure, while still incorporating the necessary references to safety and European law that guarantee its balance (source: AB – Agrivenatoria Biodiversitalia).
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