Another Regional Hunting Calendar declared illegitimate by the Consulta: it is the turn of the Marche Region which is in the position of having to approve a new management document for the next hunting season.
With sentence no.116 of 10 May 2012, the Constitutional Court declared regional law no.15 of 18 July 2011 partially illegitimate, containing amendments to law no.7 / 95, in the parts concerning the three-year validity of the regional hunting calendar and of article 22 which allowed hunters over XNUMX years of age to practice other forms of hunting at the same time as the one chosen.
In fact, according to the recurrent Council of Ministers, "The provision of a hunting calendar on a three-year basis would involve a violation of the principle, sanctioned by the state law, for which the derogation procedure related to the particular territorial conditions must be carried out annually, in order to allow to ISPRA a correct and always up-to-date assessment of the environmental situation and the consistency of the species of fauna subjected to hunting ".
For the Constitutional Court, however, the question of constitutional legitimacy regarding the regional law itself remains unfounded in the part in which it provides that the Regional Council proposes to the Regional Council the approval of the regional hunting calendar by 31 May after obtaining the opinion of the Regional Wildlife Observatory ( OFR) and the Higher Institute for Environmental Protection and Research (ISPRA).
According to the Council of Ministers, in fact, the wording of the Regional Law in question should be interpreted in the sense that it provides for the approval of the calendar by law, rather than with an administrative act as envisaged but in the opinion of the Constitutional Court instead the rule "is limited, in effects, to establish that the approval of the regional hunting calendar takes place by the Council, on the initiative of the Executive, without any specification as to the nature of the approval act and, in particular, without at all providing that this must be carried out with law. The contested provision can therefore be interpreted well in the sense that the approval takes place in the exercise of regulatory power: power that the Statute of the Marche Region assigns to the Council, except in cases in which the regional laws provide for the competence of the Executive " .
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