Composition of Territorial Areas
Regarding the latest matter regarding the correct composition of the ATC RC1 and RC2, there is a position taken by Anuu Migratoristi, Arcicaccia, Enalcaccia and EPS, regarding the disinformation conveyed through a press release circulated by Federcaccia, with which using equivocal language, mystifies and omits the events as they occurred. For 20 years now, the ATC RC1 and RC2 have had within the management committees a member representing each hunting association recognized at a national level and present in an organized form in the territory. In 2014, paragraph six bis was added to the art. 13 of the Regional Law 9 /1996, which deals with the composition of management committees. This modification is equivocal and prone to different interpretations, making a generic reference to the "representativeness" of hunting associations as a criterion for the assignment of available places within the ATC management committees.
The accusations against Federcaccia
Although the aforementioned paragraph 6 bis of L.R 9/1996 has been in force since 2014, no hunting association having the right has ever made it lawful to "force the hand", sending, first to the Province, and then to the Metropolitan City, more than one name to be included in ATC RC1 and RC2; this in full respect of the freedom of association, the representation of all hunters and all recognized hunting associations, so that each had the opportunity to have its own representative in the management committees. In 2023, Federcaccia, in defiance of the spirit of representation of the hunting world in its entirety, sent to the Metropolitan City (which accepts and appoints without batting an eyelid), not one but four names out of the 6 available places to be included in the ATC management committees RC1 and RC 2, perhaps due to the equivocal interpretation of paragraph 6 bis of the Regional Law. 9/1996, thus effectively excluding the four members of the other eligible hunting associations.
Appeal to the TAR
Faced with this obscenity, the excluded hunting associations lodged an appeal with the TAR against the appointment decree and therefore appeared before the administrative justice body:
– the Metropolitan City;
– Enalcaccia, which, although the beneficiary of the nomination, in its deed of incorporation embraced the arguments of the appellants Arci Caccia and Anuu Migratoristi;
and finally, Federcaccia which, in support of the Metropolitan City, intervened in opposition to protect its clear "party" interest (keeping the nominations received 4 out of 6 available places).
New ATC appointments
The TAR, as a precautionary measure, rejected the requests of Federcaccia and the Metropolitan City, accepting the precautionary request of the appellants, suspending the provision and ordering the Metropolitan City to proceed again with the appointment of the RC 1 and RC2 ATCs within thirty days, always on the basis of the preliminary data already in its possession, respecting the representativeness expressed by the associations not only formally (therefore not considering only the arithmetic data of the number of members) but also substantially. That is, an invitation to respect the pluralistic principle! It should be underlined that objectively Federcaccia, despite the triumphalistic and imprecise press releases of recent days, has remained inert in the face of the TAR's provision. Instead, it was the Metropolitan City that appealed to him before the Council of State, which requested, given the limited time available (30 days to redo the appointments), that the President of the Council of State adopt an unheard of alter party (without cross-examination between the parties) a provision for suspension of the precautionary order adopted by the TAR. This provision was granted pending the next hearing on 11 January 2024 for the Panel of the same Council of State to rule, this time in cross-examination between all the parties involved, on the precautionary order of the TAR, confirming it or depriving it of effects.
The interest of all hunters
Furthermore, it should be highlighted that the appeal explained by the Metropolitan City concerns only the phase and the precautionary measure, and that the proceedings initiated before the TAR will proceed - with the next hearing on 12.06.24, for the examination of the merits at a brisk pace, to regardless of the decision that the Council of State will take in January on the precautionary order of the TAR, which by its nature is a temporary measure, pending the decision on the merits of the appeal. THESE ARE THE FACTS AND THESE ARE THE BEHAVIORS OF THE HUNTING ASSOCIATIONS INVOLVED! ANUU MIGRATORISTI, ARCICACCIA, ENALCACCIA, GAME PRODUCTION INSTITUTE, will continue to fight for the interest of all hunters, with the aim of unity and sharing, for the good of the entire hunting world. We owed so much to all the hunters and to our associates (ANUU Migratoristi - Bruno Zema ARCI CACCIA - Andrea De Nisi ENALCACCIA - Pasquale Loria EPS - Serafino Nero).