Hunting in Friuli. It is an order of the Council of State, filed yesterday (11 July), that suspends the sentence of the Regional Administrative Court (TAR) and marks the further chapter of the dispute relating to the Regional Wildlife Plan (Pfr), which sees opposing, on the one hand the Friuli Venezia Giulia Region, and on the other Federcaccia with, among others, the Reserves of hunting of Forgaria del Friuli, Trasaghis and Ragogna and some hunting districts.
In essence, the Third Section of the supreme body of administrative justice held that the appeal proposed by the Region against the sentence of Tar, which had upheld the petition of Federcaccia and the other applicants against the regional wildlife plan at first instance, appears to be "assisted by fumus boni iuris": that is, there are sufficient conditions to accept the arguments supported in the appeal presented by the regional administration .
There are two reasons that support the order of the Council of State: the first refers to the legitimacy of the procedural phase - due to "the considerations made by the Region about the complexity of the investigative data relating to huntable species and non-huntable ones reported in the Plan "- the second concerns compliance with the procedure provided for by regional law 6/2008 for the adoption of the Plan," which has no provision "on the alleged reopening" of the phase of consultation and submission to observations following of the revisions of the Pfr ".
Therefore, the Council of State considers the serious and irreparable damage generated by the application of the TAR ruling to exist, “taking into account the presumable consequences of the interruption of the planned hunting activity in Friuli Venezia Giulia”. In this regard, just think of some measures already taken by the regional administration, such as district hunting plans and culling decrees: measures that have already allowed shotguns to exercise their hunting rights since May 15 last.
Ultimately, therefore, the application for suspension was accepted, not only for the danger of "damage" resulting from the blocking of the wildlife plan, but also for the recognized validity of the legal reasons expressed in the investigative documents.
"I express satisfaction - said the regional councilor for Hunting and Fish Resources Paolo Panontin - for a suspension order that clearly recognizes, on the one hand, the correctness of the work carried out by the regional administration, and on the other hand the harmful and irrepressible effect for the exercise of the hunting activity that the cancellation of the regional wildlife plan could have caused. It is time now - concluded the commissioner - for a more serene reflection and for a dialogue and collaboration that, not only in this area, finally replaces the practice of continuous appeals ”.
(19 July 2016)
Friuli Venezia Giulia Region
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