Caccia: Northern League on the issue of hunting activity closed in advance for some species following the explicit request of the Ministry of the Environment to the Regions; submitted to parliamentary question and Question Time.
The Northern League, waiting to find out the answer to the question on hunting calendars, today presented a Question Time in the environment committee on behalf of the Honorable Borghesi, Grimoldi and Brigantini in defense of the rights of honest citizens-hunters. Unacceptable not only the abuse of power and the interference of the Ministry of the Environment which in bad faith interprets and uses as a pretext a simple request for clarification from the European Commission (EU-Pilot 6955/14 / ENVI) to formally threaten the regional administrations but the arrogant answer and no answer given by the minister himself today in committee.
In obvious difficulty with our rational and motivated requests, and having exposed its attitude of clear subjection and animalist ideology, the ministry arrogantly glossed over our question and limited itself to responding complacently to the question made by the parliamentarians of SEL who asked the opposite. of what we asked for, that is, in fact, they urged the Minister to intervene on the early closure of the hunt. As you can see from the attached documents, the warnings given by the increasingly anti-threatening Minister Galletti to the Regions are intolerable and must be rejected to the sender where he is ordered to bring the closure of the song thrush hunting, cesena and woodcock.
Abnormal as well as lacking in technical and legal substance are the asserted considerations which, in addition to denying the Ispra opinions, cast doubt on the various sentences of the Regional Administrative Courts and the Council of State which on several occasions have rejected the allegations of animal rights activists, considering the regional motivations supported to be congruous. to support the hunting calendars with closures on January 31st.
If anyone still has doubts about the overbearing devastating action made against the hunting activity by the Renzi government and in particular by its Minister Galletti we would simply like to recall and list only some of the damage done spuriously only in recent months: Roccoli closure, Prohibition to use Recalls live to hunt aquatic, warns the regions to close the hunt by January 20 and a ban on cooking spit.
Below is the text of the parliamentary question presented to the Ministry of the Environment by the Hon. Bourgeois:
“Question and answer in the Commission
Hon. Borghesi - To the Ministry of the Environment and the Protection of the Territory and the Sea
To know,
Given that:
the European Commission has initiated, as part of the EU Pilot communication system, case 6955/14 / ENVI concerning doubts of violation of Directive 2009/147 / EC on the conservation of wild birds;
for this reason, the European Commission requests that the Italian Authorities clarify, in particular that the hunting calendars of some Italian regions are consistent with Directive 2009/147 / EC;
various judgments to the regional TARs and to the Council of State considered the regional motivations sustained in support of the hunting calendars with closures as of January 31st, regarding the hunting of the Bottaccio, Cesena and Beccaccia Thrush, in deviation from the ISPRA opinion, to be congruous;
such pronouncements necessarily also take Community law into consideration, as it prevails over national law;
nevertheless the Ministry of the Environment and the Protection of the Territory and the Sea with a note of early December 2014 formally warned the regions to promptly change the hunting calendar for the current season (2014/2015) asking to bring forward at least to January 20 2015 the closing date for hunting for Thrush Bottaccio, Cesena and Beccaccia;
in the same note, the regional administrations are warned by writing that, if the closing date of the hunting activity is not urgently adjusted to the species mentioned above, the procedure for the replacement exercise referred to in article 8, paragraphs 1 and 2 will be initiated , of the law of 5 June 2003, n. 131;
the Italian Constitution reserves to the State the exclusive legislation regarding the protection of the environment and the ecosystem (Article 117 paragraph 2 letter s)) and the Constitutional Court considers that the provisions of Law 157/92 concerning the protection of the species subject to discipline are therefore reserved to the competence of the State. Compliance with state legislation by the Regions in the preparation and approval phase of the hunting calendars leads to presume consistency with Community regulations, of which Law 157/92 which constitutes formal implementation for the Italian State;
the conditions envisaged by law no. 5 to proceed with the exercise of substitute power vis-à-vis the Regions;
You ask
• what were the reasons that led the interrogated Ministry to invade the sphere of competence of the Ministry for Agricultural, Food and Forestry Policies in the field of hunting, even calling for the use of the ministerial substitute power;
• what are the reasons why the interrogated Ministry has sent two warnings to the Italian Regions, asking for the shortening of the hunting season, when the communication UE PILOT 6955/2014 ENVI of the European Commission is a simple request for information on hunting calendars Italians and on which the Commission will have to comment later;
• What were the logics that prompted the interrogated Ministry to avoid a serious and democratic discussion table with the Italian Regions, which by law are the bodies responsible for hunting management, choosing to trample on their competences with a warning to use power substitute contrary to the collaborative spirit between public bodies;
• What was the origin of the decision of the questioned Ministry to disregard the existence of articles 2.7.3 and 2.7.10 of the European Guide to the Discipline of Hunting in the context of Directive 79/409 / EC (today 147/2009 / EC ), which explicitly provide that the Regions of the Member States may deviate from the national Key Concepts data, when in possession of scientific data that demonstrate a difference in the migration times of huntable species. "
Question Time presented by the Hon. Grimoldi, Borghesi and Bragantini
Grimoldi, Borghesi and Matteo Bragantini. - To the Minister for the Environment and for the Protection of the Territory and the Sea.
To know,
Given that:
the European Commission has initiated, as part of the EU Pilot communication system, case 6955/14 / ENVI concerning doubts of violation of Directive 2009/147 / EC on the conservation of wild birds;
for this reason, the European Commission requests that the Italian Authorities clarify, in particular that the hunting calendars of some Italian regions are consistent with Directive 2009/147 / EC;
various judgments to the regional TARs and to the Council of State considered the regional motivations sustained in support of the hunting calendars with closures on January 31st, regarding the hunting of the Bottaccio, Cesena and Beccaccia Thrush, in deviation from the ISPRA opinion, to be congruous;
such pronouncements necessarily also take Community law into consideration, as it prevails over national law;
nevertheless, the Ministry of the Environment and the Protection of the Territory and the Sea with a note dated early December 2014 formally warned the regions to promptly change the hunting calendar for the current season (2014/2015) asking to bring forward at least to January 20 2015 the closing date for hunting for Thrush Bottaccio, Cesena and Beccaccia;
in the same note, the regional administrations are warned by writing that, if the closing date of the hunting activity is not urgently adjusted to the species mentioned above, the procedure for the replacement exercise referred to in article 8, paragraphs 1 and 2 will be initiated , of the law of 5 June 2003, n.?131;
the Italian Constitution reserves to the State the exclusive legislation regarding the protection of the environment and the ecosystem (Article 117 paragraph 2 letter s)) and the Constitutional Court considers that the provisions of Law 157 of 1992 concerning the protection of the species subject to discipline are therefore reserved to the competence of the State. The respect of the state legislation by the regions in the preparation and approval phase of the hunting calendars leads to presume consistency with the community regulations, of which the law 157 of 1992 which constitutes formal implementation for the Italian state;
Articles 2.7.3 and 2.7.10 of the European Guide to Hunting Discipline under Directive 79/409 / EC (today 147/2009 / EC), explicitly provide that the Regions of the Member States may deviate from the national Key Concepts data when in possession of scientific data demonstrating a difference in the migration times of huntable species;
therefore, the conditions provided for by law no. 5 of 2003 June 131 are not considered to exist to proceed with the exercise of substitute power vis-à-vis the regions:
what were the compelling reasons why the minister questioned sent two warnings to the Italian regions, asking for early closure at least until 20 January 2015 for hunting song thrush, cesena and woodcock, when the UE PILOT communication 6955/2014 ENVI of the European Commission is a simple request for information on Italian hunting calendars and on which the Commission must subsequently express itself, thus choosing according to the questioners to invade the competences of the Italian regions, which are by law the bodies responsible for the management of hunting, even going so far as to ventilate the possibility of using the substitute power referred to in article 8, paragraphs 1 and 2, of law no. 5 of 2003 June 131, which contrasts with the collaborative spirit between public bodies."
Lega Nord Press Release
(January 15, 2015)