The Constitutional Court has unanimously admitted the appeal of the Ombudsman unanimously. This is the octave additional provision, the unique transient and the nineteenth -century final of Law 1/2025, of April 1, on the prevention of losses and food waste. The appeal filed by the defender states that the first two norms violate article 45 of the Constitution – reference to the right to the environment and its protection – and the third injures the right to effective judicial protection. The speaker of the matter is the magistrate Juan Carlos Campo, former Minister of Justice and member of the Progressive Sector of the Court.
The importance of the appeal and its admission to process is that the precepts challenged by the Ombudsman. The octave additional provision addresses the control of natural predatory species, putting it in relation to the efficiency of the productive system. In turn, the final decimonovena disposition modifies Royal Decree 139/2011, of February 4, for the development of the list of wild species in Special Protection (Lespre) regime and the Spanish catalog of threatened species. The unique transitory disposition, on the other hand, refers to the immediate exit of said list of the populations of wolf to the south of the Duero River, in the event that its protection regime is changed at the community scale, as has already happened.
The defender’s appeal challenges these norms, for understanding that they injure rights established by the Constitution. In relation to the octave additional provision, it is questioned that the writing of the precept uses “indeterminate and confused” terms. It is a precept that establishes that authorizations for hunting wolves can be justified in “the efficiency of the productive system”, and also for other reasons already provided for in the Natural Heritage and Biodiversity Law.
This loophole in the protection of the species is said to be equally applicable to any other predatory species that involves a high impact on the productive system and that is included in the aforementioned list of wild species in special protection regime. The criticism of the defender is that the undetermined nature of the form facilitates that it is not necessary to invoke the existence of extraordinary situations so that it can be applicable.
The defender explains in his appeal that for this application it will not be essential to assess the data that exists on the situation of the species concerned and their conservation or vulnerability in Spain. Nor does it provide for the norm to take into consideration of any analysis of the balance of the ecosystems of each area, or the role that these species can play to guarantee this objective, so that they can remain in the aforementioned list to facilitate their protection. In turn, the final nineteenth -century disposition, which extracts from the wolf to the south of the Duero, lacks the judgment of the Ombudsman of “the minimum technical or scientific information of an environmental nature that supports its adoption.”
278 applications for the resource
The Ombudsman, Ángel Gabilondo, presented on July 3 an appeal for unconstitutionality against, which allowed the wolf to take out the list of protected species and, as a consequence, that he would hunt again. They voted in favor PP, Junts, Vox and the PNV. The institution had received 278 applications urging it, and after studying them, it considered that several constitutional items are violated.
Soon to enter into force Law 1/2025 of food waste, on April 1, Asturias announced the authorization to hunt and kill a maximum of 53 wolves, 15% of its population; The Rioja and Galicia have included the species in their banks of ban for 2025, without specifying quotas, while Castilla y León will address their hunt once the six -year report that Spain has to send to Europe about this and other species included in the Habitats directive.
The entities in defense of the wolf celebrate the news. “This shows this deranged initiative and is a notice to navigators. This is not in our legal framework,” explains Nacho Martínez, spokesman for the Association for the Conservation and Study of the Iberian Wolf (ASCEL). “This mechanism is an open door to cancel the wolf’s hunt, allowed by the back door, and will have an impact on the legal debates that we are maintaining in the different autonomous communities,” he adds.
Coinciding with the beginning of the deliberations of the Constitutional, thousands of people convened by about 200 organizations demonstrated on June 22 in Madrid under the slogan “Living and Protected Wolf” to denounce the “serious setback” that the canid is living since the canid is living since it can kill again in Spain. Attendees claimed the immediate end of Wolf’s beaters, a “key” species in ecosystems.
Meanwhile, 116 scientists have requested on Tuesday in an open letter to the Autonomous Communities with populations of Lobos and the Ministry for Ecological Transition and Demographic Challenge Establish in 500 herds the minimum threshold to guarantee the long -term viability of the Iberian wolf as a species, as well as not allowing the hunting of specimens.
In fact, the Ministry for Ecological Transition public on June 27 the last census of the wolf, with data from the Autonomous Communities ,.
