BirdLife Malta is taking the Government to Court over the 2022 spring hunting season, saying that Turtle-dove hunting in spring is “illegal.”

BirdLife Malta has this morning filed a Court case challenging the decision taken by the Ministry for Gozo and the Environment Ministry to open a spring hunting season in April 2022, on the Vulnerable European Turtle-dove.

BirdLife Malta, in a statement, said that it is challenging this decision, asking the Court to declare this practice as illegal, with a view to end the hunting of Turtle-doves in spring once and for all.

BLM said that European directives are the highest level of law for every EU Member State, superseding also the national Constitution. As a European Union Member State, “Malta has the obligation to adopt and abide by all the EU Directives including the European Birds Directive.”

It explained that this Directive is clear in stating no birds can be hunted during spring, a time when birds are heading towards their breeding grounds. While it allows for an element of derogation, this is heavily controlled and it is clear that hunting species that are of a Vulnerable status breaches the European Birds Directive.

Following the 2015 referendum, the Turtle-dove’s status continued to weaken and it was declared by the International Union for Conservation of Nature (IUCN) as Vulnerable. “This, however, did not affect the Maltese Government at that time, and hunters were still allowed to kill Turtle-doves in spring.” said BirdLife.

It added that “when Malta opened its last spring hunting season for the Turtle-dove prior to the self-imposed moratorium in 2016, the European Commission had set the wheels in motion to initiate legal action against Malta. This was shelved by the Commission once the Maltese Government cunningly created the moratorium.”

BirdLife stated that “earlier this year, during the electoral campaign prior to the March General Election, Minister for Gozo Clint Camilleri and then Environment Minister Aaron Farrugia both proclaimed and promised, more than once, that Turtle-doves will be hunted again in the following spring seasons.”

“After the election, the moratorium was revoked and this paved the way for the Government to open a spring hunting season for Turtle-dove once again,” said BirdLife.

In view of this scenario, although there are indications that the European Commission is considering opening an Infringement Procedure against Malta, BirdLife Malta said that ti “feels it has an obligation to also fight such illegalities at the national Law Courts.”

BirdLife Malta CEO Mark Sultana stated, “The national Law Courts have the responsibility to safeguard the values of the European Directives. They cannot transfer this responsibility onto the EU Courts, especially when EU citizens and civil society demands it. Malta’s Courts can always ask the European Commission to act as a court expert, to explain why such a hunting season during the breeding season on a bird species which is scientifically proven to be in a Vulnerable status, breaches the European Birds Directive. No small amount of birds shot can justify this derogation, let alone a political decision that aims only to appease those that promised their votes.”

BirdLife Malta is being legally represented and assisted by lawyers Dr Mark Soler and Dr Claire Bonello.

Photo: Shot European Turtle-dove (Photo by BirdLife Malta)

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