Partridge hunting in Piedmont, the Tar gives the Region wrong: hunting the rock partridge did not have to be closed because there were presuppositions and conditions that legitimized it.
The TAR has wronged the Piedmont Region which deprived Piedmontese hunters of the right to exercise theirs passion in full compliance with laws and regulations: the ptarmigan hunting it should not be closed because there were presuppositions and conditions that legitimized it. This was decreed by the second section of the Piedmontese TAR chaired by Dr. Vincenzo Salamone. Nonetheless Federcaccia Piemonte, who was one of the applicants, does not rejoice at the victory, but rather expresses concern and his deep regret for an event that should not even have opened, had it not been for the absurd stance of a council ... neo established, which preferred confrontation to dialogue.
We already wrote it on the occasion of the opening of the hunting season and it is even more useful to remember it today: “Who hunting respect ... he is not an outlaw nor a violent predator or a misfit who lives on the margins of society, but on the contrary he is a person of common sense, good and certainly without convictions or charges against him, so much so that it was not so he would have his hunting license and firearms license immediately withdrawn, as he could no longer exercise his passion. The hunter pays heavy taxes and taxes to the State and the Region every year, the latter alone able to compensate for agricultural damage caused by wildlife, manages the territory together with farmers and environmentalists, carries out censuses and restocking at his own expense, knows how to limit himself when necessary, he defends the environment he lives and knows better than others. The hunter respects everything and everyone, but he is not always respected… ”.
Hunting has never been a cause of extinction of any species, and for this very reason the hunters, and those from Piedmont in particular, ask for respect, demand it and are right to do so, just as the TAR ruling on this important day decreed. There will still be a long way to go, and Federcaccia Piemonte hopes that this decision can be a warning and foster dialogue and mutual respect; at the same time he hopes that the Region does not want to put a patch ... worse than the hole it should cover!
Below we publish the full text of the Ordinance of the Piedmont Regional Administrative Court:
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N. 00413/2014 REG. PROV.CAU.
N. 01075/2014 REG. REC.
ITALIAN REPUBLIC
The Regional Administrative Court for Piedmont
(Second Section)
pronounced the present
ORDER
on the appeal number of the general register 1075 of 2014, proposed by:
Italian Federation of Hunting - Federation of Hunting Piedmont Region, National Union of Enalcaccia Fishing and Shooting - Regional Delegation of Piedmont, National Free Hunting Association, Italcaccia - Provincial Committee of Turin, ANUU - Association of Italian Migrationists, Game Producers Authority, ARCI Caccia, Committee Management Committee of the Alpine Area CA CN5, Management Committee of the Alpine Area CA CN4, Management Committee of the Alpine Area CA TO2, Management Committee of the Alpine Area CA VC1, Management Committee of the Alpine Area CA VCO1, Management Committee of the Alpine Area CA VCO2, Management Committee of the Alpine District CA VCO3, represented and defended by lawyers Jacopo Gendre and Paolo Scaparone, with an address for service at the second in Turin, via S. Francesco d'Assisi, 14;
against
Piedmont Region, represented and defended by the lawyer. Juliet Magliona,
with an address for service in Turin, piazza Castello, 165;
for cancellation
after suspension of effectiveness,
- the resolution of the Regional Council 16.9.2014 n. 2-320, bearing “L. 157/1992. LR 5/2012. DGR n. 31-7448 of 15.4.2014 and subsequent amendments Approval of the numerical sampling plans of the typical alpine fauna in the Alpine Districts (CA) and in the Wildlife-Hunting Companies (AFV) ", in the part in which it did not authorize the collection of the ptarmigan for the hunting season 2014/2015;
- of all the preparatory, prerequisite, consequential and in any case connected acts of the procedure;
Given the appeal and its annexes;
Having regard to the act of appearance in court of the Piedmont Region;
Given the request for suspension of the execution of the provision
challenged, presented incidentally by the appellant;
Given the art. 55 cod. proc. amm .;
Having seen all the acts of the case;
Withholding its own jurisdiction and competence;
Speaker in the council chamber on October 22, 2014, Dr. Savio Picone and hearing the defendants for the parties as specified in the minutes;
Considering that the contested resolution appears to be lacking in motivation, as the generic reference of "climate change" and "environmental alterations", per se referable to all the typical mountain birdlife that is not susceptible to repopulation, cannot be considered sufficient;
Considering that the Region has substantially disregarded its previous resolution no. 31-7448 of April 15, 2014, in which the preparation of numerical plans on the basis of the consistency estimates for each Alpine area was envisaged (for the ptarmigan);
In this regard, it was noted that, according to the admission of the regional defense, only ten of the seventeen management committees carried out the census and presented the sampling plan relating to the ptarmigan and that, among these, only in three districts there was a decrease in the male population and reproductive development;
Therefore, it was deemed necessary to accept the precautionary petition in order to order the Region to review the programming for the 2014/2015 season (in relation to the rock ptarmigan), on the basis of the data processed for the Alpine districts, without prejudice to the to re-examine the ineliminable administrative discretion that belongs to the Region itself in matters of regulation of hunting and training of the hunting calendar;
Considering that the re-examination must be carried out within the peremptory term of twenty days from the publication of this ordinance;
PQM
The Regional Administrative Court for Piedmont (Second Section) accepts the precautionary petition and suspends (partly here) the effects of the resolution of the Regional Council no. 2-320 of 16 September 2014, ordering the Piedmont Region to review it within the deadline indicated in the motivation.
The council chamber of November 19, 2014 is set for the continuation of the trial.
Compensates the costs of this precautionary phase.
This ordinance will be executed by the Administration and is filed with the court secretariat which will notify the parties.
So decided in Turin in the council chamber on 22 October 2014 with the intervention of the magistrates:
Vincenzo Salamone, President
Savio Picone, First Referendary, Writer
Antonino Masaracchia, First Referendary
THE EXTENDER THE PRESIDENT
DEPOSITED IN THE SECRETARIAT
23/10/2014
THE SECRETARY
(Art. 89, par. 3, administrative proc. Code)
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29 October 2014
Hunting Federation