In Corrèze, the prefectural decree on badger digging was illegal
The Administrative Tribunal confirms that the Corrèze Prefect’s decree of May 2022 authorising an additional period for digging out badgers is illegal.
Clear victory for One Voice: the Administrative Tribunal has just decided on 13 October to cancel the prefectural decree from May 2022 — already suspended — in Corrèze, authorising an additional period of underground badger hunting with hounds. This decree was therefore illegal.
This is good news that confirms the suspension of the decree obtained urgently by One Voice just after it being issued and allowing the lives of numerous badgers and their young to be saved. The court revealed multiple illegalities.
The non-transparency of the presentation note
Firstly on the style: the presentation note accompanying the decree project during the public consultation did not detail either the reasons leading to the additional period of underground badger hunting with hounds being authorised or give local data on badgers. The court considered that the violation of this article in the Environmental Code deprived the public, and particularly associations for environmental protection, of a guarantee.
The Commission in charge of evaluating the consequences for animals was misinformed
Before any issuing of a decree, the National Commission for Hunting and Wildlife must be summoned according to the rules which have not been followed to the letter in this case. Not only have its members not had access to documents that must be sent to them to study the decree project sufficiently ahead of the meeting, but these documents were not all together! Particularly, they had no knowledge of the “decree project, the dates of this additional period, or the estimates of the badger population in the department or, to a greater extent, the effects that an extension on the hunting season was likely to have on the presence of the species in the Corrèze Department.” (Extract from the ruling.)
The casual nature of arguments put forward by the Prefecture
Finally and in substance, the court ruled that the Prefect had based their decision on the occasional damage to agricultural produce that was not established, and that the survival of the young as well as the potential presence of other animals in the setts should be taken into account, something that the Prefect had not done.
«The additional period for hunting badgers thus opens opportunities to kill young animals that are not yet weaned or starting a mixed diet. Furthermore, the significant number of secondary setts dug by badgers allows other animals to use them for their own needs. Yet the Corrèze Prefect has not matched their decision with any particular requirements to avoid the destruction of either the young badgers while the demographic growth of this animal is weak, or the destruction of other species.»Extract from the ruling.
We are in complete agreement with the court!
We have filed numerous emergency interim proceedings and appeals this year to try to get the additional periods of underground badger hunting with hounds suspended and cancelled alongside our partners.
To support our plea to protect badgers, sign our petition!
Updated 21 October 2022: the two occurrences of the term “judgement order” have been replaced by the more accurate “ruling”.
Translated from the French by Joely Justice