Hunting and trapping legislation in Malta : a European perspective

Abstract

This main objective of this thesis is giving a clear picture of how the Wild Birds Directive of the European Union was transposed into Maltese Law and how it is being implemented. A comprehensive study must include the origins of a current situation as well as propose or try to predict a way forward. The first two Chapters are dedicated to the evolution of hunting and trapping legislation in Malta, a chronological account of what happened recently on the local scene and the international agreements that were the basis for the shaping of the Wild Birds Directive. The current situation is then examined in the next two Chapters, starting with an overview of the general provisions of the Directive and continuing with a detailed study of the Hunting Regulations and the way they reflect the requirements of the Directive. The transposition and implementation of the Wild Birds Directive has not been a plain sailing process. The government's procrastination in its implementation, and then, the application of a derogation for the purpose of spring hunting, have resulted in infringement proceedings being instituted by the European Commission. Thus, the final Chapter delves into this issue by first outlining the infringement procedure and then analysing the possibilities for derogating from the Directive and the arguments used by the Maltese government to defend its position, based on case law of the European Court of Justice.