Fox hunting ban is lawful
The alarming scenarios of surging fox populations or the spread of wildlife diseases, as predicted by the hunting association FSHCL, are of course pure speculation.
Now hobby hunters in Luxembourg also have it in black and white.
The ban on fox hunting and the partial ban on wild boar hunting, decided by the Ministry of the Environment, is lawful. This is the conclusion reached by the Administrative Court in its recently published ruling. The hunting association «Fédération Saint-Hubert» had filed an objection against the regulation (Wild beim Wild reported). The measure was unnecessary, ineffective, dangerous, and disadvantaged hobby hunters.
In their reasoning, the judges explain that it is not their place to decide on the political question. However, it can be examined whether the government made the decision in the interest of the common good. Furthermore, the legislator’s decision must be comprehensible and proportionate to the stated objective.
No error demonstrated
On the one hand, the hobby hunters cannot demonstrate any clear error on the part of the legislator in assessing the situation. On the other hand, hobby hunters cannot conclusively prove that the number of foxes is kept in check by recreational hunting. The judge also does not accept, to this degree, the danger posed by the fox tapeworm. Moreover, the ban is limited in time, meaning it can be revised if the situation were to genuinely worsen.
As a final point, the court rejects the argument put forward by the hobby hunters that the regulation places them at a disadvantage compared to other forest users. The activities of hobby hunters in the forest simply cannot be equated with those of people who merely hike or cycle there. Different laws, such as nature conservation legislation, apply to those users.
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