Representativeness in the ATC: Abruzzo Regional Administrative Court raises unconstitutionality

Arci Caccia Abruzzo in a note he expressed his satisfaction with the publication of the ordinance with which the Abruzzo Regional Administrative Court detected the possible constitutional illegitimacy of Regional Law n. 11 of 2023 which established the criteria for the appointment of representatives of the Hunting Associations in the ATC Management Committees.

The law modified the rule previously in force which provided for associations with

a number of members exceeding 15% of the hunters resident in the ATC the possibility of appointing representatives on the management committees. In addition to this goal, it has been established that the recognized national hunting associations present in the territory have a minimum number of members exceeding 6.6% of the hunters resident in the province in order to be represented in the ATC. The so-called d’Hont method, a calculation system which, according to the lawyer Matteo Valente, who represented Arci Caccia in the trial, “rewards” beyond measure the Association that has the most members. This second point in fact produces an effect that allows the Association with the most hunters to be able to express an exaggerated number of its own representatives, taking away seats from the other Associations”.

“Now the issue will be examined by the Constitutional Court which has been called to express its opinion on the constitutional validity of the Regional Law. If the Supreme Court were to find – as suggested by the TAR – that the double threshold violates the principles of equality and proportionality, the Law will be declared unconstitutional and will therefore be annulled.”


Declaring the question of constitutional legitimacy of article 3, paragraph 3, of regional law no. to be relevant and not manifestly unfounded. 11/2023, the TAR ordered the suspension of the proceedings until the decision of the Constitutional Court and the immediate transmission of the documents to the same Court.

 
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