Animal legal protection

Section I of the Regional Administrative Court for Umbria in a recent case reaffirms the non-binding nature of the opinion of the national Institute for Environmental Protection and Research on the hunting calendar drafted by the Region under the provisions of law n. 157 of 1992, Rules for the protection of warm-blooded wildlife and for hunting. The ruling provides an opportunity to reflect on the state of legal protection of wild animals at national and EU level, in light of constitutional reform and recent regulatory amendments.

With constitutional law n. 1 of 11 February 2022, the Republic is assigned the task of protecting the environment, biodiversity, and ecosystems (including in the interests of future generations). State law has to regulate the methods and forms of animal protection. For the first time, the protection of animals is mentioned in the constitutional text and, significantly, that protection is in the part dedicated to 'fundamental principles'. The text has some limitations. Nevertheless, this reform represents a step forward in line with the experiences of other countries of the European Union (and beyond), as well as with European Union law.