In recent days, the Constitutional Court ruled on the recent law of the province of Bolzano on hunting, declaring some of its parts constitutionally illegitimate.
The legislation that the Presidency of the Council of Ministers wanted to submit to the examination of constitutional legitimacy is Provincial Law of the Province of Bolzano no.14 of 12 December 2011 which modified part of the previous Provincial Law no.14 / 1987 containing the rules for the wildlife protection and hunting.
In particular, the contents of the Provincial Law declared constitutionally illegitimate by the Council mainly concern some innovations such as the possibility of allowing hunting until January 10 for the Hare and Blackbird species and from December 16, for all days of the week, to the Cesena and Merlo species. and Song Thrush; the exclusion of feral domestic pigeons in the definition of wildlife; the authorization to practice the hunting activity both in wandering form and through fixed posting, in contrast with the provisions of Law n.157 of 1992; the part of the legislation that gave the provincial councilor the right to identify methods and times for the taking in derogation of the nutria in order to contain the species without adhering to the opinion of the ISPRA.
On the contrary, the Constitutional Court declared the question of constitutional legitimacy in relation to art. 36-bis in the Provincial Law examined, which provides for the establishment by the association of hunters of a guarantee fund (with annual financial contributions relating to 5 and 10% of the hunting concession tax), to be used to indemnify any damage done to agricultural and forest crops by huntable wildlife.
In the same way, the issues of constitutional legitimacy concerning the part of the legislation that allows the hunting of Cesena and Tordo Bottaccio species up to 10 January and the one with which it was established that the approval measures relating to works or projects were declared unfounded. that have had a negative impact assessment, have compensatory measures necessary to ensure the overall coherence of the Natura 2000 ecological network, subject to notification to the European Commission.
20 December 2012