The Constitutional Court yesterday gave the green light for the spring hunting referendum to be held this year, a decision described as “historic” by the Coalition for the Abolition of Spring Hunting.
Attempts to stop the referendum from being held were rejected by the court, which said arguments submitted by hunters’ organisations did not hold ground and could not stop the people’s voice from being heard.
The referendum will be held between April and July, in conjunction with local council elections. The President has 10 days to decide on the date.
The decision was welcomed by the coalition representatives outside court yesterday. It was a jubilant moment as members of the environmental organisations making up the coalition expressed their satisfaction that their hard work had borne results.
Alternattiva Demokratika deputy chairman Carmel Cacopardo said it was a moment when citizens were empowered. “They will now decide. On issues where politicians fail to decide, this is the way forward,” he said.
This is a clear win for democracy in Malta
The coalition stressed that the referendum would mark the end of backroom deals between politicians and the hunting lobby. The court’s decision yesterday would place power in the hands of the Maltese electorate, it said.
“This is a clear win for democracy in Malta. We are happy to witness history in the making, history that would not have been possible without the support and signatures of 40,000 Maltese voters,” the coalition said.
In its decision, the Constitutional Court, presided over by Chief Justice Silvio Camilleri, sitting with Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri, found no grounds why the referendum should not be held.
The court noted that the hunters federation (FKNK), in its lengthy submissions, had not supported its claim that hunting was a fundamental right through any reference to such a clause in the Constitution or the European Convention. It also countered the argument by hunters that banning spring hunting would breach EU Treaty obligations. The court pointed out that the derogations invoked by Malta to allow spring hunting only permitted exemptions from EU law. The Birds Directive bans spring hunting.
“A derogation is... a tool being used by Malta to exempt itself from applying the Birds Directive in its entirety... the main aim of the directive is bird protection, an aim that is achieved by the full implementation of the directive,” the court said.
The hunters’ claim that the referendum would impinge on minority rights was also shot down by the court. “It is true that the right of the majority should be implemented with respect to minority rights but this is not achieved in the way the [hunters’] federation wishes, which is to prevent the public from making its voice heard in a referendum.”
The court ordered expenses related to the case to be borne by the FKNK and St Hubert’s Hunters. Attempts to contact FKNK yesterday proved unsuccessful.
Reaction
Soon after the decision , Prime Minister Joseph Muscat tweeted: “I take note of the Constitutional Court judgment on the referendum and will take decisions without delay. People’s decision will be respected.”
Justice Minister Owen Bonnici said the government was informed the registrar would pass on the decision to the President the same day, after which she would decide “based on the Prime Minister’s advice”.
The Opposition immediately pointed out it was the President that had to decide on the date and not the Prime Minister, according to the Referenda Act.
The government later said that the Attorney General had expressed the opinion that the President was in duty bound to seek the Cabinet’s advice.
The government reiterated its commitment to hold the referendum in conjunction with local council elections. The elections had been scheduled for March but will now be moved according to the date set by the President.
If a majority vote to ban spring hunting, the referendum will be the first to have been prompted by electors and the only one to cancel a law.
The Nationalist Party expressed its “satisfaction” with the court’s decision, which, it said, would lead to a historic referendum. It noted this democratic tool was introduced by the PN in government and was being used for the first time .
“It is a tool that empowers the people to decide... We hope the public will be able to make its choice freely,” the PN said.