Key concepts
We are happy to return to what was decided last week by the Council of State to highlight how important this decision of the Council of State has been for the hunting world. The Council of State with an order of December 6 rejected the request to suspend the ruling of the TAR Lombardia and the Lombardy hunting calendar. The Appellate Judges certified that the Key Concepts on migration periods are not legally binding and can be overcome with proof to the contrary and then recognized that the periods used by ISPRA, unlike those of other European States, are based on a prudential probabilistic criterion that considers the species as already migrating when "the earliest movements on the territory" are identified for it.
The motivation given by the Region
The Judges then recognized that the motivation given by the Region for the 2024 hunting calendar in deviation from the opinion of ISPRA appears to be "appropriate and complete in relation to the different assessments of the various institutional bodies and the European guidelines". The Council of State therefore considered that "the danger" denounced by the animal rights associations was not positively appreciable and therefore rejected the requests to bring forward the hunting closure. Therefore, the Lombardy Calendar remains fully valid and in force until the end of the hunting season also with reference to the parts specifically contested in the appeal. Cesena and Sassello remain open until January 20, all anatidae (together with coot, moorhen and water rail) until January 19 even in stray form and from January 20 to 30 only from a hide, the woodcock in ATC open until January 20. Snipe and frullino open until January 30.
Basic pronunciations
We recall that animal rights associations were still asking for the early closure of all free-roaming hunting on December 31st. The Council of State also rejected the request to suspend the Emilia-Romagna Calendar. These are very important rulings for the hunting world, which together with the rulings of the administrative courts that preceded them, put down in black and white fundamental principles for the future drafting of hunting calendars: a safer path to follow has finally been traced and these rulings will make it much more difficult for animal rights activists to present admissible appeals, given the well-motivated calendars. All this to reiterate once again the importance of the seriousness and professionalism of the regional offices' approach to the issue of deviation from the ISPRA opinion in drawing up the hunting calendar, certainly also combined with the scientific results of the studies by Federcaccia aimed at individual migratory species to which it was possible to refer, which certainly continue at considerable costs but which convince us more and more of how well the money of our members has been invested, members who have understood the choices and continue to place their trust in our Association (source: FIDC Brescia).
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