Published the recent decision of the Constitutional Court in the matter of regional legislation on fauna control relating to the constitutionality exception presented last year against the Regional Law on hunting in the Marches. The relevance with respect to the Veneto regulatory framework and reference is very important, as the Court:
1. Stresses that the decisions of the same Court compared to others regional regulations they are not in automatic presupposition of illegitimacy of another regional norm; for example it is the theme of the general claim to applicability of the Judgment 139/2017;
2. highlights the role of overseeing environmental protection with respect to wildlife control carried out by trained, authorized operators under the control and coordination of Public Administration, see precisely the provisions of article 17 LR n. 50/1993;
3. Emphasizes the Community principle of proportionality as a reference and yardstick and not just the precautionary and / or prevention principle; reasoning that frames the real role and importance of the system "Operators trained under the control and coordination of the PA" and which is linked to the reasoning of TAR Trento with respect to the ordinance of the Autonomous Province of Trento on the bear; the proportional system provides for a managerial discretion on the part of the PA, ie the Region; 1, 2 and 3 are the guiding principles of the regional defense briefs prepared at the time on the occasion of the appeal against article 17 LR n. 50/1993.
Then a a confirmation of the sustainability of the defensive theses of the Veneto Region and a further positive element to be used in view of new and foreseeable appeals against article 17 LR n. 50/1993.