The news of the probable sanctions against Italy by the European Community for the derogations applied by some regions in the hunting field has repercussions on the decisions of the various regional TARs and of the superior control bodies.
It is no coincidence then that the Council of State, in its session yesterday, November 25, 2011, once again suspended hunting in derogation of finches, brambles, pipits, starlings and frosoni in the Veneto Region previously authorized until the end of the year by a specific regional resolution. thus accepting the League's preliminary request for the abolition of hunting.
The suspension will last until 6 December, the date set for the Council Chamber, and the reasons would concern the absence of an opinion by ISPRA on the derogation.
In particular, the decree of the Council of State states that "the rescript mandatory opinion by Ispra has not been formulated”Therefore“ the conditions of extreme gravity and urgency exist ”.
Furthermore, referring to a similar decree concerning the Liguria Region, according to the judges "the hypothesized environmental damage (attributable to the killing of birds) would not be restorable, with possible infringement procedures against the Italian State ”and in this regard the European directive and the various rulings of the European Court of Justice on the matter are cited.
Obviously the satisfaction of LAC whose president, Andrea Zanoni, rejoices "this decree of the Council of State finally brings us back to legality saving thousands of small protected songbirds ”.
He also threatens Zanoni, "If the verdict is confirmed on 6 December, we will ask the judiciary to examine the hunting cards of the hunters in derogation because the killing of the protected birds did not take place with the coverage of the law and therefore it will be poaching ".
And finally the MEP concludes, "It will then be necessary to pay for the very serious damage caused to the environment to the president Luca Zaia, to the councilor Daniele Stival and to the Venetian council ”.
The issue raises the indignation of the MEP, Segio Berlato, who requests the resignation of the regional councilor Daniele Stival as he is responsible for the suspensions, who, according to Berlato, are "only because the commissioner Stival has decided, perhaps because badly advised, to apply the exceptions in Veneto with an administrative act (resolution of the Giunta) and not with a law as had instead happened in Veneto from 2002 to 2009 ".
Councilor Stival does not respond to Berlato's criticisms but announces: "We will ask the Council of State to anticipate the substantive discussion on the issue of hunting in derogation" adding that although the Region may decide on the exceptions, the “judgments and decisions of the administrative judiciary seem to substantiate the fact that the only decision to be taken is that of not deciding. With all due respect to the certainties that every citizen, hunter or non-hunter, has reason to expect ”.