The lawyer specialized in Environment, Pilar Martinez, advances that the state rule that increases the protection of the Iberian wolf, and that can harm livestock and agricultural activity in Zamora, violates basic principles, which vitiate it as null.
The lawyer, with more than thirty years of experience in environmental law, maintains that Order TED / 2021, of September 20, violates the principles of proportionality, legal certainty, transparency, participation and hearing in its preparation. To these breaches, Pilar Martinez adds that it cannot be sustained, as the order itself says, that “does not contain any administrative burden and will not increase the human and financial resources available to the General State Administration”, as it appears in the exposition of the reasons for this rule, which maintains the wolf in the List of Wild Species under the Special Protection Regime, with modification of the populations.
Pilar Martínez Lawyers explains that precisely These principles that the order rhetorically claims to comply with, are those that it does not comply with and constitute cause of its nullity, “As has happened with many others of this type that, when their processing files are studied, it is found that it is disproportionate, the lack of rigorous scientific and technical studies that support the need and effectiveness of the measures it proposes; the absence of justification of true processes of participation of the affected interests in the elaboration, as required by environmental law, as well as the lack of rigorous maps on the presence of the species to be protected and, especially, the lack of economic memory ”.
Without economic memory
The lawyer focuses especially on the lack of economic memory and approval from Budget items to face, compensate or indemnify those who, due to its entry into force, are deprived and limited in their previously consolidated legitimate rights “in a much broader spectrum than the damage caused by animals, which they have an obligation to compensate” , indicates.
One of the serious consequences of this state regulation is that it alters the powers attributed to the CC. AA. in environmental management. Thus, for example in Castilla y León, where there are around 180 herds of Iberian wolves and the incidence and needs for action are known in detail, since until now the regional administration was responsible for its management, it is subject to what is available. this order, applicable to the entire Spanish state.
“Although the management carried out so far by the CC cannot be applauded. AA., Given the proliferation of wolves that we find ourselves with, the significant damage caused by this species in rural areas and the lack of quick and effective responses to the affections, damages and losses suffered by this cause, away the The center of decision of the different aspects of the management of the species, without a doubt, will contribute to slow down procedures and make decisions without knowledge of the realities, which are produced in a different way and with different incidence in each Autonomous Community ”, he emphasizes.
Pilar Martínez Lawyers defends a management that seeks a balance between the traditional presence of the wolf in Spain and the agricultural and livestock activity, fundamental for the socio-economic development in certain areas where depopulation is a reality, which must be combated. It considers that environmental regulations in Spain have produced major ecological imbalances, which translate into excessive increases in some species and even the disappearance of others, in addition to causing significant material and economic damages to the population, inhabitants and social interests of less urban environments that are not compensated, “becoming second-class citizens, who are required to contribute their private assets free of charge, for the benefit of a common public interest,” he concludes.
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