Venatori calendars: after the ruling of the Constitutional Court on the Hunting Calendar of the Tuscany Region, animal rights MEP Zanoni asks for the same measures for the Lombardy Calendar.
On 20 May the Constitutional Court declared the hunting calendar of Tuscany illegitimate, because it was approved by regional law and not by administrative resolution. MEP Andrea Zanoni said. "In the light of what was established by the Court, the President of the Lombardy Region, Roberto Maroni, should immediately prepare the hunting calendar for the next hunting season with an administrative act and withdraw the one in force". On May 20 the Constitutional Court, presided over by Judge Franco Gallo, with sentence number 90/2013, decreed the illegitimacy of the Regional Law of Tuscany number 20 of 2002, where it provides that the hunting calendar is approved with a multi-year law rather than with an annual deliberative act. In particular, the Court declared illegitimate article 7 of the Regional Law of 10 June 2002 number 20 containing "Hunting calendar and amendments to the regional law of 12 January 1994, number 3" (Transposition of the law 11 February 1992, no. 157 " for the protection of homeothermic wildlife and for hunting "). The hunting calendar, in fact, was approved not with an administrative provision, but through an act having the force of law, detached from the reference to a specific time frame of the annual administrative provision. In 2010, WWF, Lipu, Enpa, Lac, Lav, Legambiente and Italian Animalists presented an appeal to the Regional Administrative Court (TAR) of Tuscany against the hunting calendar of the Province of Florence.
The TAR, with order number 20 dated 2011 October 267, raised the question of constitutional illegitimacy, deeming the request of the associations to be well founded and submitted the Tuscan regional law to evaluation by the Constitutional Court. The Court confirmed that the associations are right, both on this point and on two other points: hunting ungulates on snow-covered ground and for different periods than those indicated by the framework law and no need to use the hunting card in hunting farms. . On these two points, the Tuscany Region has already amended the contested rules declared illegitimate by the Court. Now, however, the Region will also have to proceed with the modification of the hunting calendar from law to annual resolution. MEP Andrea Zanoni, vice president of the Intergroup for Animal Welfare in the European Parliament, said.
“Approving a hunting calendar with a law rather than an administrative act may seem a minor difference in the eyes of the layman. In fact, it is a very important aspect for the protection of wildlife. The calendar with annual validity allows to adapt the choices of wildlife management to the situations and, therefore, to be able to promptly modify them for problems that individual species may encounter for various reasons or for difficulties of the fauna due to climatic situations. Now, the Tuscany Region must backtrack and correct the huge mistake. In light of the sentence of the Constitutional Court, I ask Lombardy and the President Roberto Maroni to immediately withdraw the Hunting Calendar approved on 2 August 2004 with Regional Law number 17, therefore illegitimate. It should also be remembered that, while a hunting calendar approved by law is armored, that is, it cannot be challenged at the TAR, if approved by resolution it can easily be challenged before an administrative court by one or more animal and environmental associations ".
28 May 2013
Source: L'Eco delle Valli