Wildlife management
The second working table promoted by has concluded UNA Foundation - Man, Nature, Environment on the correct ways of interpreting Article 9 of the Constitution and the principles set forth therein. The meeting [in which Massimo Buconi, National President of Federcaccia, also took part, ed.] immediately generated a proposal for the establishment of a parliamentary intergroup on Article 9 and the management of wild fauna and was immediately followed by the rejection by the Council of State of the appeals presented by some anti-hunting groups following the rulings issued by the TAR of the Lombardy and Emilia-Romagna regions. These rulings concerned the suspension of hunting calendars and the alleged incompatibility of hunting with Article 9 of the Constitution. The measure represents an unequivocal sign of the correctness of the balanced and common-sense theses that emerged during the seminar. The conference focused on the examination of the tools needed for a clear, transparent and objective application of the laws on biodiversity protection in Italy and saw the active participation of the main political decision makers involved, together with institutional representatives, the world of associations and some of the major constitutional experts.
A pluralistic approach
The speakers agreed on the importance of balancing different levels of legislation, maintaining a pluralistic approach open to dialogue, which does not underestimate the need for wildlife management, also with a view to protecting local communities and biodiversity. Furthermore, the transversal nature of the public polarization underway on this issue was identified as an opportunity to introduce an objective, aware and responsible narrative into the debate. The proceedings immediately highlighted the need for a systemic interpretation of the fundamental principles set out in the constitutional text. As Francesco De Leonardis, Professor of Administrative Law, University of Roma Tre and President of the Italian Association of Environmental Law (AIDAMBIENTE), underlined, "Article 9 of the Italian Constitution must be considered, in its entirety, immersed within the system of fundamental principles of our legal system. When we question the place of animals in the Constitution, we cannot avoid carrying out a systemic analysis of rights, which places man at the center of the constitutional framework. If it is true that the reference to animals has entered the constitutional text, it is also true that the principle of their protection should not be understood in an individualistic sense, but rather in a sense that is functional to the interests of the entire system being analyzed”.
Article 9 of the Constitution
The need for an interpretation of the principles that takes into account their context of reference is naturally linked to another topic addressed, namely the principle of balancing the different interests in the protection of biodiversity and how the reference to it is explicit within Article 9 of the Constitution itself. “Article 9 protects the environment by referring to the legislator the ways and forms of protection. The same model of writing the constitutional article makes us understand that with it we are not faced with a direct form of preceptivity. This is the demonstration of how constitutional values must always be balanced through the figure of the legislator who intervenes in a responsible and thoughtful manner” Alfonso Celotto, Professor of Constitutional Law, University of Roma Tre “Article 9 is an opportunity to balance the interests between the various forms of protection of biodiversity, of which hunting activity represents a fundamental part”. The comparison also highlighted how this balance is also reflected within European law. Angelo Lalli, Professor of Administrative Law, University of Rome La Sapienza and Director of the Master's Degree in Environmental Law, pointed out that "the balance established by European law is forged on the balancing of different interests. The interest in protecting animal rights must therefore be balanced with the many other existing ones, as already highlighted by Article 13 of the TFEU and by some rulings of the European Court of Justice. Hunting activity itself is considered by the European legal system as fundamental for maintaining wildlife and biological balances and its legitimacy at a national level is therefore essential, since European law has absolute primacy over that of the Member States".
Scientific criteria
The conclusion of the works was accompanied by Maurizio Zipponi, President of the UNA Foundation and saw all the participants guarantee a transversal commitment to advance the instances of a common vision based on a virtuous management of wild fauna, free from harmful practices and speciesist extremism. "The UNA Foundation has always carried out its battles based on scientific criteria and a multidisciplinary approach. Also in this case, our goal is to create a convergence between interests and visions, eliminating all extremism. We are here today to renew our commitment to promote a transversal parliamentary dialogue on the theme of art. 9 of the Constitution, based on objective foundations, ready to welcome a balance between the different interests in the field, knowing that in Italy there is already a law to protect wild fauna, the 157 of '92", Maurizio Zipponi, President of the UNA Foundation (source: Source UNA Foundation)
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