The beagles are safe (at least until December 16th)
Cyclically, one happens to read in the newspapers the opinion of authoritative political exponents and commentators according to which the TAR (i.e. the administrative judge) should be abolished.
The reasons are always the same: the TARs would constitute an obstacle to the exercise of political and executive power (at the various levels: state, regional, municipal). One of the areas on which this narrative is most focused is that of public procurement. According to this thesis, in Italy public works would not be carried out promptly because they were “blocked” by the intervention of the administrative judge.
A narrative without foundation, data in hand. In fact, from the official statistics (traceable on the Administrative Justice website) only a tiny percentage of public tenders result in an administrative judgment and only a part of this dispute is resolved with the cancellation (or suspension of the effectiveness) of the tender provisions . The causes of delays in the execution of public works are found in the execution phase.
But, one wonders, what would have happened to the two thousand beagles without the providential intervention of the TAR of Lazio which, with ordinance no. 2817 of 25 June, suspended the authorizations rleft to a multinational pharmaceutical company based in Verona for animal testing?
Of course, it all arose from a criminal case that is still ongoing. But, in the meantime that the personal responsibilities of the subjects involved were ascertained, with the guarantees (and times) of the criminal procedural system, what would have become of the beagles?
And, mind you, the administrative judge intervened by applying, not specific rules of some special protocol, but two general rules such as art. 9 of the Constitution and art. 13 of the Treaty on the Functioning of the European Union that protect the welfare of animals as sentient beings. And this is the most interesting aspect from a legal point of view, because the decision is based on the particular interpretation and direct application of general principles. Evidently, it was considered that the specific conditions in which the animals were kept and the ways in which the experimentation on them was conducted were not such as to ensure the protection requirements required by the Constitution and the TFEU.
This is a precautionary order, which could be appealed and reformed by the Council of State, and which, in any case, will be valid until the sentence that will be pronounced after the hearing on December 16 of this year, but for now the beagles are safe.
*Marco Palieri is an administrative lawyer, practicing before the higher judiciaries (Cassation of Cassation, Council of State, Court of Auditors, etc.). PhD in public economic law. Arbitrator of the Arbitration Chamber at the ANAC. Teacher in university master’s courses in public procurement.
#beagles #safe #December #16th