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Pyrenees: justice cancels municipal decrees against "bear straying"

2021-01-20T09:07:38.546Z


The administrative court of Pau canceled Tuesday, January 19 decrees taken in 2018 by the mayors of twenty municipalities in the Pyrénées-Atlantiques prohibiting " the wandering of bears " on their territory, the court announced on Wednesday in a statement stressing that such decisions were not " necessary ". Read also: Pyrenees: a mayor takes a decree against the bear These mayors of municipali


The administrative court of Pau canceled Tuesday, January 19 decrees taken in 2018 by the mayors of twenty municipalities in the Pyrénées-Atlantiques prohibiting "

the wandering of bears

" on their territory, the court announced on Wednesday in a statement stressing that such decisions were not "

necessary

".

Read also: Pyrenees: a mayor takes a decree against the bear

These mayors of municipalities located in Haut-Béarn and the Basque mountain had issued these decrees between September 26, 2018 and October 25, 2018, to oppose the reintroduction at the same period of two Slovenian bears Claverina and Sorita in Béarn .

They intended to symbolically prohibit the presence of plantigrades on their territory, which they considered dangerous, by invoking a provision of the General Code of Local Authorities, Article L. 2212-2.

This prescribed to the mayor, municipal police authority, "

to obviate or remedy unfortunate events which could be caused by the straying of harmful or ferocious animals

".

In its judgments on Tuesday, however, the court considered that "

these decisions were not based on any particular circumstance which would highlight the dangers to which people or property would be exposed due to the presence of bears

" on the territories of the municipalities in question.

The judges considered that "

these decrees were neither of a necessary character, nor of a character adapted to the objectives for which they had been enacted

" and this, especially as the mayors "

did not specify the measures likely to be taken in the hypothesis where, despite the ban, the wandering of bears would nevertheless be noted

”.

The prefect of Pyrénées-Atlantiques had seized administrative justice, within the framework of the control of legality, “

after having asked, in vain, the mayors concerned to withdraw them

”, recalls the court.

Source: lefigaro

All news articles on 2021-01-20

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