Federcaccia, with its own formal letter, warned the Province of Pavia for the discrimination contained in the part of the Provincial Hunting Calendar 2013 - 2014 concerning the prohibition for non-resident hunters to hunt in the provincial territory in the period from the opening day to the day of 2 October 2013.
Below is the text of Federcaccia's letter to the Province of Pavia:
"
To the President of the Province of Pavia Sen. Daniele Bosone
To the Province of Pavia Naturalistic Fauna Sector Councilor Ing. Lasagna Alberto
Subject: illegitimacy of the supplementary provisions to the 2013-14 hunting calendar in the absence of reference regulations - appeal discriminatory act against non-resident hunters - limitation of rights and unequal treatment - abuse of power - contrast of national and provincial regulations .
Dear President, I take the liberty of addressing you to report on a matter, in my opinion, rather anomalous and unpleasant.
I write in the name and on behalf of the Italian Federation of Hunting, Provincial section of Milan and Monza and Brianza chaired by the journalist Rodolfo Grassi, in order to defend the rights of its members (FIDC hunters-registered members) being the trustee of this legal person to expose them as follows.
The salient element, in terms of contractual nature, consists in the fact that at the time of payment of the membership fee of the ATC sector of Pavia in the year 2013-2014 (with the purpose of placing game on a specific territory purchased with money from the hunters who are members), like all previous hunting years, the hunters of the Province of Milan and Monza and Brianza (so-called foreigners), diligently paid the share as a member without anything being proposed for consideration and in the absence of any reserve. about the intention to attribute the privilege to Pavia hunters. Consequently, with the implicit completion of the contract referred to in Articles 1321 and 1326 of the Civil Code, this unquestionable choice adopted by the Department on the subject, is currently found to be illegitimate.
Having said this necessary premise, we regret that in all the provinces of the Lombardy Region except that of Pavia, the publication of the supplementary provisions to the 2013/14 hunting calendar took place in compliance with the national and regional laws governing the matter. In fact, the resolution of the Provincial Council of Pavia (provincial provisions for the 2013/2014 hunting season "which is being challenged), contains a discriminatory rule which prevents hunters not resident in Pavia, who are in any case holders of other ATCs, (to a only Pavia area or without the same), of not being able to hunt before October 2nd in the same ATC: while, it remains allowed to Pavesi hunters.
The discrimination of the law in question consists in the fact that the current calendar prohibits the opening days and subsequent ones up to 02 October 2013 (the best hunting days due to the presence of more sedentary game), to have you hunted on the territory of Pavia the members of the non-resident ATCs. It would even seem that for the drafting of the administrative provision promulgated by the Giunta, the same is affected by absolute nullity due to the lack of legal basis as there is no supporting rule for the adoption of this choice. Moreover, the Regional Councilor for Agriculture Hon.Gianni Fava, astonished by this law, in hatred of disputes, with express communication of August 30, addressed to the provincial councilor Alberto Lasagna and to the president Daniele Bosone, suggested to correct the rule in speech considering the same discriminatory, illegal and devoid of any provincial jurisdiction.
Once this necessary premise has been completed, just for the sake of completeness, it is evident that the rules referred to in the "Regional Laws" (L. 26/93 and L. 17/04) contribute to support the hunting matter, and derive from the "national reference legislation" (L. 157/92): both sanction the rights of hunters on the basis of a precise and binding criterion. This method is the payment of a registration fee to an ATC (subject to prior admission to this area on the basis of a hunting density index for the protection of territory, fauna and hunters). In light of the considerations set out therein, the body that issued the provision in question is required to ratify it.
The Councilor in charge is asked to contact the office of the deductible for the amicable resolution of the dispute in question in out-of-court proceedings; to be promptly informed about the developments of the procedure, as hunters worried about the limitation of their rights, flood the FIDC - provincial section of Milan - Monza and Brianza on a daily basis.
Certainly that the SV Ill.ma has understood the seriousness of what happened, waiting for a quick reply no later than 5 days from the receipt of this letter, I offer you my most respectful greetings.
(Lawyer Giuseppe Anastasio)
"
(September 9, 2013)
Hunting Federation
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