State law
From the perspective of legislative correctness, can national law 157/92 include the possibility for regions to approve their hunting calendars through regional legislation? This question has been raised in the last few hours. CONFAVI (Confederation of Italian Hunting Associations), The Association for Rural Culture and FCR. As the associations emphasized, from a legislative standpoint, this is a viable option, but the text must be carefully crafted because it faces two limitations:
* the exclusive competence of the State in matters of environmental protection (Article 117 of the Constitution);
* European Directive 2009/147/EC (“Birds Directive”), which imposes precise limits on hunting seasons.
Principle of competence
According to CONFAVI, ACR, and FCR, the amendment should be based on an accruals basis, leaving all substantive limitations unchanged. For example:
In Article 18, paragraph 2, of Law No. 157/1992, the following is added after the words "the regions publish the regional calendar":
“The hunting calendar may be approved by regional law or by another act provided for by regional legislation.”
In this way:
* you do not change the huntable species;
* do not change the maximum periods established by state law;
* do not eliminate compliance with the Birds Directive;
* only the regulatory instrument with which the Region approves the calendar changes.
Today, almost all calendars are resolutions of the Regional Council and are challenged before the TAR.
If the calendar were approved by a regional law:
* it would no longer be contestable before the TAR;
* could be challenged only through a constitutional legitimacy hearing before the Constitutional Court, initiated in the cases provided for by law.
An even stronger amendment
This is a much more effective change from a practical standpoint. An even stronger amendment would include the insertion of an additional paragraph: 2-bis. The hunting calendar constitutes an exercise of regional legislative authority and is approved by regional law in compliance with this law, European legislation, and international conventions.
This formulation clarifies that:
* all national limits remain in place;
* European limits remain unchanged;
* only the legal source changes.
The explanatory report will be decisive
To convince Parliament and Government, the report should argue that:
* the hunting calendar annually regulates a matter of regional competence;
* approval by regional law strengthens the role of the Regional Council;
* increases transparency and democratic debate;
* reduces administrative litigation arising from the challenge of administrative acts;
* the constraints deriving from Law no. 157/1992 and from European Union law remain fully in force.
Skills structure
The statement continues: "In our opinion, the proposal would have a better chance of being considered if it were not presented as a 'pro-hunting' law, but rather as a reform of the balance of powers between the State and the Regions, without reducing the protections provided by national and European legislation. For the convenience of the government and parliamentarians, we can also prepare a proper parliamentary amendment (in the style used by the Chamber of Deputies and the Senate), complete with legislative text, explanatory memorandum, and technical report, ready for submission by a parliamentarian."
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