Hunting: Veneto, the TAR accepts applications for illegitimacy regarding the regional legislation on the Boards of Directors of ATC, Reserves and Alpine Sections, advanced by the Hunting Associations, and sends the documents to be examined by the Constitutional Court.
News in sight as regards the Veneto regional legislation relating to the composition of the Boards of Directors of the ATCs, the Alpine Reserves and the Alpine Sections. 317 of 7 March 2014, accepting the objection raised by the Italian Federation of National and Provincial Hunting of Vicenza and others, submitted the documents to the Constitutional Court for the declaration of constitutional illegitimacy of art. 21 of the law reg. 50/93 as amended by art. 22 of the law reg. 37/97 which also admits the representatives of associations recognized at regional level among the members of the Executive Councils of the hunting management bodies. The Administrative Court, after having analyzed the documents of the Region and in the light of the current national legislation on the matter, has in fact decided to refer the matter to the supreme court, arguing that "... the regional legislator has ruled, on the matter, beyond the possibility of it assigned by the national legislator with the aforementioned law, so as to exceed, in the adoption of the contested provision (Article 21 of the Veneto Regional Law n.50 / 1993 and sim) in the legislative power envisaged and governed, as well as by the national law (the 14, paragraph 10 of Law 157/1992), also by the constitutional one referred to in Article 117, letter s), of the Charter, which establishes an exclusive legislative power in favor of the national legislator in the discipline and protection of environment and ecosystem, such as that relating to the hunting sector as a whole […] ”.
“The choice of the national legislator - continues the order of the Veneto Regional Administrative Court - expressed in art. 14, paragraph 10, of the aforementioned law is, with reference to the structural characteristics required in representative hunting associations, clear and univocal.In other words, the hunting association must provide adequate and timely functional and management guarantees, subject to verification by the state authority through constant and continuous controls connected and consequent to the peculiarity and danger of the activity itself exercised, controls which, on the other hand, are absent for local hunting associations.
From the point of view of the relevance of the exception of unconstitutionality, the College observes first of all that the principle of the hierarchy of national regulatory sources does not allow to disregard a regional law contrary to a state law when the first is subsequent to the second, as occurs in the specific case . In conclusion, the question of constitutional legitimacy of art. 21 of the Veneto Regional Law n.50 / 1993 and sim for violation of article 117, letter s), of the Constitution, in one with the art. 14, paragraph 10 of Law 157/1992, because it would be possible and necessary to annul the contested measures if the Constitutional Court annulled, in part here, art. 21 of the Veneto Regional Law n.50 / 1993 and sim.
The present appeal must therefore be suspended with transmission of the documents to the Constitutional Court, and any consequent ruling ". In short, summing up, for the Administrative Court the Region cannot substitute itself for the State in deciding the characteristics necessary for the representatives of the hunting associations to be able to participate of the governing bodies of ATC, CA and RA, characteristics that only nationally recognized hunting associations possess. Now we only have to wait for the decision on the matter by the Constitutional Court, which we assume will hardly be able to deviate from what is highlighted by the TAR. March 14, 2014
Italian Federation of Veneto Hunting
(March 14, 2014)