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The Contentious-Administrative Chamber of the National Court has rejected the suspension requested by Cantabria of the order of the Ministry for the Ecological Transition by which the wolf of the northern area of the Duero was included in the list of wild species under protection regime special, prohibiting its sport hunting.
In an order this Monday, the magistrates of the First Section have ruled out provisionally suspending the order, recalling that when it comes to a regulatory modification aimed at generally establishing a new legal regime, jurisprudence requires that they occur "in a manner "clear and obvious" irreversible damages that do not occur in this case.
However, they consider that the general interest in the conservation Phone Number List of the species must prevail at this procedural moment over these possible economic damages.
THE CANTABRIAN GOVERNMENT, AGAINST THE MINISTRY
In its appeal, the Government of the autonomous community stressed that the survival of the species was not going to be threatened by maintaining the status quo prior to the ministerial order, since it protects the wolf for values other than those of its conservation status, that would not be affected by the suspension.
The president of Cantabria, Miguel Ángel Revilla, showed last October his confidence in the courts of Justice to annul the ban on hunting wolves, criticizing the "hyper-ecological" ideas of the Minister of Ecological Transition who, in his opinion, "He doesn't know the reality of life in the villages."
As stated in the order, the Cantabrian Executive understood that the effectiveness of the order implied a displacement or tacit repeal of the regulatory and management instruments approved by the autonomous communities for the management of the species, which generated undoubted legal uncertainty. Specifically, both for those who must apply the standard and for the ultimate recipients, such as livestock farmers, generating greater conflict that is deemed necessary to avoid, as the Ministry of Agriculture warned.
For its part, the General Administration of the State opposed the suspension, alleging that the reasons given for requesting the precautionary measure affect the substance of the matter and pointed out that the power to agree to the protection of a species by the Ministry does not, in any way, imply case, an invasion of the hunting powers of the autonomous communities, since the protection of the environment and biodiversity is an exclusive responsibility of the State.
The co-defendants Confederación Ecologistas en Acción-CODA and the Association for the Conservation and Study of the Iberian Wolf (ASCEL) also joined this refusal to suspend the order.
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发表于 2023-12-14 13:01:28