La Constitutional Court declared the Molise norm which allows the council to extend the period of hunting in the event of an excessive presence on the territory of a huntable fauna species. With the appeal, the President of the Council of Ministers promoted, in reference to art. 117, second paragraph, letter s), of the Constitution, the question of constitutional legitimacy of art. 12, paragraph 5, letter a), of the law of the Molise Region of 30 April 2020, no. 1 (Regional Stability Law 2020).
This provision adds to art. 27 of the law of the Molise Region of 10 August 1993, n. 19 (Rules for the protection of homeothermic wildlife and for hunting), paragraph 1-bis, which provides that: "For the purposes of protecting the agroforestry, socio-economic, health and ecological balance of wildlife, if the presence on the regional territory of a venable fauna species is excessive, the Regional Council, for the purpose of reducing the criticalities caused, may with its own acts extend the period of hunting for the entire time frame from the beginning to the end of the entire hunting season ".
In the appellant's opinion, this provision would invade the exclusive state jurisdiction pursuant to art. 117, second paragraph, letter s), of the Constitution, relating to the matter "protection of the environment and ecosystem", as it is in contrast with Articles 18, paragraphs 1, 2 and 4, and 19, paragraph 2, of the law 11 February 1992, n. 157 (Rules for the protection of homeothermic wildlife and for hunting). "These provisions, according to the constant jurisprudence of this Court - reads the device - would in fact dictate minimum standards of protection of fauna throughout the national territory, which cannot be waived in peius in the exercise of the residual regional legislative competence on hunting ".