The judgment of the judges
The ruling that the TAR Marches, section I, made this morning brings together and examines, by contrasting them, the appeal proposed by the environmentalists and that of Federcaccia, which was deemed admissible, against the 2022/2023 regional hunting calendar of the Marche. From an initial examination carried out by the lawyer Alberto Maria Bruni, legal coordinator of the Federcaccia studies and research office as well as representing the Federation before the TAR, today's sentence turns out to be very important in its articulated and complex motivation.
Principles to keep in mind
In fact, the Judges, opposing their respective opposing theses, have in the meantime rejected the appeal of the environmentalists (except for the two additional hunting days in the months of October and November reduced to one), but what is more important they have succeeded in affirming principles of absolute interest, also for the future:
- the vagueness of the opinions given annually by Ispra;
- the prevalence of the reasons given by the hunting calendar with respect to the opinion of Ispra;
- the obligation for environmentalists to specifically refute the motivations of the Region, not limiting themselves only to the findings of Ispra;
- compliance with paragraph 1 of art. 18 L. 157/1992 to the precautionary principle, without any danger of confusion and disturbance between the species.
With this sentence Federcaccia, but above all the hunters, have obtained a victory not only from a technical-juridical point of view, but also from a technical-scientific point of view, seeing the full validity of the briefs with which the Studies and Research Office coordinated by Dr. Michele Sorrenti it supported the Region in drafting the hunting calendars.
An inevitable disappointment
Our disappointment remains with the Marche Region for that part of the calendar forecasts that have uncritically accepted the ISPRA opinion. We trust that a careful reading of today's ruling will be useful for changing attitudes and forecasts for the next calendar (Italian Hunting Federation Press Office).