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Commentary on STC 114/2013, dated 18 May, about the parany as a traditional method of capture and hunting of thrushes in the Valencian Community

2013.09.08

AUTHOR: José Antonio Jiménez Buendía. Attorney. Associate Professor of Roman Law in the UAB.
TITLE: Commentary on STC 114/2013, dated 18 May, about the parany as a traditional method of capture and hunting of thrushes in the Valencian Community.

PLACE OF PUBLICATION: dA webCenter, September 2013.
DATE OF PUBLICATION: September 2013.

Internal Link: Sentence

SUMMARY

The hunting of thrushes with the use of an expanded straw-covered wire placed in trees pruned specifically for this purpose and using a reproduction of the species´ song to lure the birds is a traditional method of capture in some areas and especially in the South of Catalonia and the North of Valencia, but which, due to the use of the wire, is now prohibited as of Directive 79/409/CEE, dated 2 April, from Law 4/1989, dated 27 March, of the Conservation of Natural Spaces and of Wild Flora and Fauna. However, hiding behind the exceptions established in the legal regulation (of which no other satisfactory solutions to prevent crop damage exist), the Valencian Generalitat [Regional Government] has maintained the legality of this method, giving rise not only to intervention from the Court of Justice of the European Union, but also from the Supreme Court and even the Constitutional Court, as analyzed by the author in this commented sentence.

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