Judge rejects FKNK request to join BirdLife's spring hunting injunction case

A judge has rejected a request to include a prominent hunting association as a party to proceedings over an injunction filed by BirdLife Malta, aimed at preventing the opening of the contentious spring hunting season.

In a decree handed down on Tuesday, the First Hall of the Civil Court, presided by Mr. Justice Giovanni Grixti denied the FKNK’s application to be introduced as a party to the case, as the organisation did not control the opening of the hunting season.

“Whilst the applicant association of hunters has an interest in the outcome of thes proceedings, the request for the issuing of the warrant, in and of itself, excludes the association’s participation because it has no power to open the opening or otherwise of the hunting season at issue.”

The judge, however, upheld the FKNK’s request to shorten the legal time frame for hearing the case, bringing the date of the sitting forward by four days to April 14.

BirdLife Malta had filed the request for an injunction against the Maltese government, to prevent it from issuing the legal notice required to open the spring hunting season for Turtle-dove,  a species classified as vulnerable.

The request, signed by lawyers Dr Claire Bonello and Dr Martin Farrugia, was provisionally upheld by Mr Justice Giovanni Grixti.

A similar warrant of prohibitory injunction was filed last year by BirdLife, but had been filed after the publication of the legal notice that year.

Since that 2022 request, the Maltese government has received direct communication from the European Commissioner for Environment, along with a new infringement process that was initiated by the European Commission against Malta, with regards to the spring hunting season for the Turtle-dove. These warnings were issued in view of the fact that the vulnerable status of the Turtle-dove does not allow for any derogation from the EU’s Birds Directive’s ban on hunting this species in spring.

BirdLife is insisting that Maltese law cannot go against the EU’s Directives.