Seized urgently by One Voice and the Bird Protection League (LPO), two associations for the defense of nature, the summary judge of the Council of State on Monday, October 25, suspended new government orders authorizing traditional bird hunts.
After a first cancellation in August by the highest administrative jurisdiction of the country of several hunting authorizations (thrushes, blackbirds, lapwings, golden plovers, field larks, with nets or cages), the judge estimated that the government had taken in mid-October these new adopted on the same basis, running the risk of contravening European law, and that there was thus “A serious doubt as to their legality”. After this urgent decision, “The Council of State will rule on the merits of the appeals against these decrees in the coming months”, underlines the institution in a press release.
Not in accordance with European law
The European “Birds” directive of 2009 prohibits mass capture techniques for birds without distinction of species. An exemption is possible “On condition of being duly motivated and when there is no other satisfactory solution” to capture certain birds, recalled the Council of State.
The French governments therefore issued decrees each year authorizing these traditional hunts in certain determined regions, with quotas of huntable individuals. The Court of Justice of the European Union, seized for similar orders concerning the highly controversial and iconic slime hunt, had judged the latter not in conformity with European law in March 2021, followed in June by the Council of State, which had confirmed its illegality.
This had not dissuaded the Ministry of Ecological Transition from publishing, on October 15, eight decrees for 2021-2022 arguing that the texts provide “The necessary motivations on the absence of an alternative solution, selectivity, judicious use and small quantities” of birds killed by these hunts, which may allow exemptions. The associations immediately attacked these decrees and demanded their immediate suspension.
The government awaits the decision on the merits
“Tradition cannot justify failure to meet the requirements of the“ Birds ”Directive” rejoiced the LPO, greeting a “Beautiful and great victory”. “With such constant jurisprudence, which moreover relates to the same practices, we should have stopped there. It was counting without the weakness of the government in the face of the hunting lobby ”, regretted the association.
“When the Council of State declared these traditional hunting techniques illegal on August 6, we would never have imagined that the government would dare to authorize them again”, for his part reacted One Voice, denouncing “The servility towards the hunting lobby which, let us remember, defends a hobby and not a necessity”. The Ministry of Ecological Transition for its part declared that “The government takes note” of the decision, recalling that he “Is now up to the Council of State to rule on the merits”.
“I have a lot of anger, bitterness, disgust”, told Agence France-Presse Willy Schraen, president of the National Federation of Hunters (FNC). “I do not understand this political and legal determination to piss off a handful of French people on something insignificant”, he added, assuring that these hunts “Have no stake in [matière] of biodiversity ”.