They understand that its implementation could «affect the viability of the populations»
The Superior Court of Justice of Galicia (TSXG) has provisionally suspended the resolution of the Xunta de Galicia that determined the management regime of the wolf for the 2024/2025 season, understanding that its implementation could «affect the viability of the populations».
The Court, applying the principle of environmental precaution, explains in the ruling that the adoption of the management measures contemplated in the resolution includes «the control of wolves with the aim of preventing and alleviating damage to livestock».
However, it emphasizes that, «in the mandatory weighing in this precautionary measure, for these purposes alone, of the damage to livestock on one side, and the protection of the viability of wolf populations on the other side,» it must be taken into account that «there is no qualitative or quantitative information available on the damage to livestock,» and that such damage to livestock, «although not reversible, is compensable.»
The Galician high court recalls in the ruling that the precautionary measure adopted «is limited to the management regime of the wolf for the 2024/2025 season, as the hunting regime of other species and their protection, even if partially or totally regulated by the Resolution of March 27, 2024, determining the hunting seasons, measures for damage control, and special regimes for species during the 2024/25 season, whose modification is now being challenged, is unrelated to the present litigation, regardless of the challenge of said resolution of March 27, 2024, in other appeals before this Court.»
The judges warn that the precautionary incident «cannot anticipate the outcome of the final resolution of the litigation regarding the substance of the debate,» while emphasizing that «the environmental precaution principle does not address the fumus as the appearance of a good legal claim, but operates in the process of weighing the legal goods at risk, a judgment that unfolds in the factual realm, limited, moreover, by the functionality proper to the precautionary incident.»
In the ruling, it is noted that, according to the case law of the Court of Justice of the European Union, «the precautionary principle is imposed both in the area covered by the resolution and in the extensive evaluation, which includes bordering areas, but the state of the populations must be favorable in both scenarios and not just one,» adding that, with the inherent provisionality of this incident and the limited evidence presented so far, there are «consistent indications, with the same evidentiary limitations, of an unfavorable assessment regarding the state of the populations.»