24 was held on 54 March in Bergamoa ANUU National Assembly of Migrationists in which the Head of Traditional Hunts, Andrea Trenti, spoke on the theme “Traditional hunts: cultural reconquest !!!”.
Traditional hunts have always represented a series of cultural, social, hunting and economic elements of certain importance, writing pages of history in the rural realities of the Italian territory: a strong human bond within the population that is regularly handed down from the various generations. Without entering into sterile diatribes on the cause for which this type of hunting has been heavily penalized over the years, we must once again have the courage to tackle the issue in a technical way.
The wrong suffered is objective: the exclusion from huntable species of some migratory species (in an excellent state of conservation) which for centuries represented a typical and sustainable custom of our provinces, had no technical-scientific foundations but only of an emotional nature.
The current situation is very complicated from a political point of view: after the ruling of the European Court of Justice of 15/07/2010, in which the Italian State was obliged to modify article 19 bis of law 157/92, nothing was done in this direction to satisfy the requests of the European Union. This immobility led the Commission to send, on 24/11/2011, a request for formal notice to Italy for non-compliance, bringing to light the alleged criticalities of some Regions in the application of the levy in derogation.
To reflect on this situation, the most striking example concerns the Lombardy Region. At point 2.2.2.3 the European Commission underlines some shortcomings of the regional body regarding the lack of motivations, the failure to highlight satisfactory alternative solutions, the lack of abstract reasons and the invalidity of the latest INFS (now ISPRA) data relating to the hunting season. 2005-2006.
It is very perplexing that the Commission highlights some critical issues without, on the other hand, providing specific indications for implementing the regulatory measures in the correct way, as is the case for other Member States.
It is good to underline a basic regulatory cue for all the Italian Regions involved in the exemption levy: the Lombardy Region in all communications and orders received from European justice was not obliged to abolish Regional Law 24/2008 (so-called "framework law on exemptions "), But to modify some parts and for this reason, in recent years, the Lombardy Regional Council has only repealed paragraphs 1, 3, 4 bis and 4 ter of art. 4 of Regional Law 24/2008. In essence, the structure of the law is currently in force, providing a concrete possibility of using the same legislative act as a pivotal point on which to prepare a new annual bill.
We are satisfied that the Lombardy Region has created a Commission of Councilors delegated to solve the problem who, on an institutional trip, reached Brussels on March 22 to see traditional hunts recognized as a heritage of local customs and traditions, a concept already envisaged by art. . 2 and art. 9, paragraph 1, letter c), of Directive 2009/147 / EEC, as well as a solution also proposed by our Association and by the hunting world in general.
In support of this "expedition" we have delivered all the technical material collected in recent years to support our claims, demonstrating how 15 other Member States routinely apply the exceptions referred to in the aforementioned art. 9, often with similar underlying motivations, without European justice "pulling his ears" for this.
The inspiring principles on which our motivations are based start from cultural, social and economic reasons in centuries of rural history, which cannot be neglected with carelessness.
If we think that, for example in Austria, Belgium, Finland, France, Latvia, Malta, Holland and Spain, exceptions are allowed by virtue of local traditions and customs, we find strength in carrying out what we consider our legitimate requests.
Another essential step is the determination of the small quantity: the European Commission maintains that the latest data provided by ISPRA in 2005 are not totally reliable as the Authority itself subsequently deemed them inaccurate.
Considering that the Institute is failing to comply with the obligations that the law entrusts to it and for some time has defaulted on providing the data necessary to establish the small quantity, we must create in the Italian Regions the Regional Observatories that, by law, can replace the work of the ISPRA where ineffective / defaulting also in light of the Constitutional Court sentence no. 16/2012 concerning the Sardinia Region.
On 18/10/2011 the Department for European Policies of the Presidency of the Council of Ministers sent note no. 7137 to the Italian Region concerning some clarifications provided by the European Commission in the matter of hunting. In particular, some (for us unacceptable) statements are reported about the reasons adopted to allow hunting in derogation relating to the maintenance of a cultural tradition strongly rooted in the territory. It is added that the reference to hunting habits dating back to the Middle Ages or to the ancient need to "integrate the poor diet of the people of the people with animal proteins" do not appear relevant in the current context, in particular due to the radical diversity of the historical and social situation. , environmental and legal.
These are serious statements, both from a cultural and a human point of view. Each of our attitudes in everyday life is the result of experiences handed down and teachings we had in the past, while we would like, with a swipe of a sponge, to erase this long history, a paradox that the institutional world will have to fix as soon as possible because hunters are also Italian citizens. who have every right to be respected as is the case in the rest of Europe.
It is difficult to understand how the European Commission can leave room for anomalous considerations both from the legislative aspect (other Member States apply the levy in derogation for the same reasons), and from the social and economic one, and instead does not recognize this objective value derived from well-rooted rural customs present in many areas of the Italian territory.
Returning to technical-legal aspects: point 3.4.10 of the Interpretative Guide to Directive 409/79 / EEC (now 147/2009 / EEC) states: "In this context, the term satisfactory could be interpreted in the sense of a solution that resolves the particular problem facing the national authorities ".
Point 3.4.14 goes on to reiterate that: “in the case of recreational hunting, this question is inextricably linked to the fact that this type of hunting can be considered as a measured use for the purposes of art. 9, paragraph 1 letter c ".
It is therefore crucial to authorize the removal of certain species, always in a more than favorable state of conservation, to safeguard the traditions and popular customs that express a need strongly linked to some rural areas of the Italian territory. An institutional world attentive to the needs and requirements of the citizens who elect it as representative, cannot escape this need for attention if it really wants to be an interpreter of democracy.
ANUU Migrators