Il Regional Administrative Court of the Marche has definitively ruled on the appeal presented by the Region regarding a as decided by the Council of Ministers on January 15th. In fact, the Government published a resolution with which it changed the 2015-2016 hunting calendar, effectively closing the hunting song thrush and cesena. The sampling ended, as happened in other regions, on January 20 instead of the 31 as foreseen by the text.
The TAR agreed with the Marches, acknowledging the cancellation of the resolution and confirming that in that case there were no conditions for exercising substitute power by the Government itself. It was therefore right and legitimate to keep the date of January 31st.
The government can take the place of the regions even when the international norms or treaties are not respected or else the European Union legislation, provided that there is absolute urgency and without endangering the purposes that are contemplated by thearticle 120 of the Constitution. The judges decided to follow the orientation of the other administrative judges who followed identical cases, i.e. in relation to Tuscany and the Liguria.