With sentence no. 16 of 2019, published today, the Constitutional Court has declared unfounded and inadmissible the appeal lodged on 26 February 2018 by the Presidency of the Council of Ministers for declaration of constitutional illegitimacy of the art. 67, paragraph 1, of the law of the Veneto Region of 29 December 2017, n. 45, which introduced art. 19 - bis to the regional law that regulates the hunting activity, the regional law 50/1993, with which the possibility of exercising the hunting mobility with automatic authorizations for migratory game. This was announced today by the Avvocatura della Regione Veneto.
The Court in particular held that the new discipline does not determine a derogation in peius of the level of protection of the environment and the ecosystem guaranteed by state legislation, invoked by the President of the Council of Ministers, as this requirement has been satisfied by introduction of an IT authorization mechanism which, - from a simplification perspective - allows the hunter not registered in a specific territorial area to access it after checking, by the same computer system, of the failure to reach, in that same territorial area, the index of maximum hunting density established annually by resolution of the regional council.
Again for the Court, the law retains the requirement of "prior consent" of the management bodies of the individual territorial area to allow access to non-enrolled hunters within the territory itself, as it is functional to the need "to allow a control activity by the competent administration", so as to allow the latter to "periodically verify the adequacy of the relationship between authorized hunters and the portion of the territory concerneda »which was the requisite required by the previous sentence no. 174 of 2017, with which the Court had indicated some indispensable parameters for hunting mobility to be considered legitimate.
Therefore, to apply the institute it is foreseeable that the authorization, as well as the suspension of the authorization, arrive to the individual hunter in real time, through an automatic communicable system, even for single days, electronically or directly on the mobile phone.