Hunting law

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The term hunting law describes two different situations. On the one hand, all norms of objective law that deal with hunting are referred to as (objective) hunting law. On the other hand, the subjective right to hunt is also referred to as (subjective) hunting right.

history

In ancient times, the hunt was an almost mystical ritual , a means of educating young people to act morally and take political responsibility. Xenophon sees in his work Κυνηγετικά (Kynêgetiká) the hunt as an image of war and a school of virtue . But even in this mystical sphere, the natural scarcity of game forces the development of a law, that is, the distinction between what is permitted and what is forbidden. If the game population is to be preserved in the long term, the young hunter must learn to distinguish young from old animals and to protect the younger ones. At the beginning of the Middle Ages, the right to hunt was seen throughout Europe as everyone's right to use. It serves on the one hand to provide food, but on the other hand to protect against dangerous animals. With the advent of medieval feudalism and the development of European monarchies , this changed: Up until the 18th century, Europe could be divided into countries in which hunting was a royal shelf and - less often - hunting remained a right that belongs to the individual. The development of the royal shelf is closely linked to the emerging fief system:

«Qui a fief a droit de chasse. »

"Whoever is entitled to the fief has the right to hunt."

- Antoine Loysel : Institutes n ° 264-48

The feudal lord regularly reserved the right to hunt red deer and wild boar. The clergy was, with few exceptions, such as in Poland, hunting prohibited.

Country reports

Comparative law analysis

Huntable animals: property and hunting law status

In most countries today, wild animals are regarded as res nullius under property law , Italian law speaks of res omnium, and Czech law of res communis. German law has been an exception since 1990: according to Section 90a of the German Civil Code (BGB), animals are neither things nor persons: their legal status is defined as “ownerless” according to Section 960 BGB. Their status thus corresponds to that of the res nullius.

Legally hunting wild animals in Germany in the Federal Hunting Law distinguished as wild with Hege and fighter escort and otherwise defined wild animals in nature conservation law . France, Switzerland and Portugal divide all wild animals into two categories: those that are released for hunting and those that are protected. The degree of protection varies, however, depending on the species. Norwegian law follows a preventive prohibition with reservation of permission , which means that hunting is generally prohibited, but permitted for individual animal species as an exception. Like Portuguese and Moroccan law, Norwegian law recognizes a third category of animals: harmful animals, the definitions of which do not, however, match in the three countries.

Hunting rights and property

On the whole, three systems can be distinguished worldwide:

  • 1. States in which the right to hunt is firmly linked to property,
  • 2. States where the right to hunt is linked to land ownership, but not necessarily the hunting law entails,
  • 3. States in which hunting rights are granted by the state independently of property.

The first group includes countries such as Great Britain , Belgium and Norway . Great Britain offers the special feature that the hunting rights automatically fall to the lessee in the event of a lease ; in Germany, Belgium and Norway, on the other hand, the right to hunt remains with the landowner even if there is lease . In Germany and Belgium the right to hunt is considered a right in rem ; As in Great Britain, it is basically dependent on property ownership, but (also in Norway) it is associated with greater restrictions: Depending on the region, certain minimum areas of land must exist in order for the hunting right to be exercised (for example in Germany 75 ha, in Flanders 40 ha, in Wallonia 25 ha for small game and 50 ha for large game).

The second group includes, with differences, Germany with both private and community hunting districts and Austria with the hunting district system .

The third group includes Switzerland , where hunting is a sovereign right that belongs to the cantons in the federalist state structure (hunting regal ). Anyone who wants to hunt needs a cantonal hunting license. In most of the cantons of the German-speaking Central Plateau there is a type of hunting system (not to be confused with German and Austrian hunting), in the cantons of Latin Switzerland and in the Alpine region the patent hunting system , and in the canton of Geneva there is administrative hunting (see prohibition of militia hunting in the canton of Geneva ).

State control of the necessary qualifications

In almost every country in the world, certain official documents are required to be allowed to hunt. Many countries only issue these documents after a prior examination, sometimes even after compulsory training. Systematic knowledge of hunting law, biological knowledge of flora and fauna and venison hygiene are examined in a theoretical examination . The majority of states also require practical training. The official hunting permit can be granted indefinitely, i.e. for life (for example in Germany with periodic re-permits, France and Norway) or expire after a certain period (ten years in Portugal, six years in Italy). The earliest age at which a hunting permit can be applied for varies between 15 and 18 years. An interesting specialty is the Norwegian hunting law, which offers minors over 15 years of age the opportunity to hunt accompanied by an adult with a hunting permit, comparable to accompanied driving . In Germany there is a youth hunting license from the age of 16.

In addition, there are also states that do not link the hunting permit to any qualification test. These include in particular Great Britain, Morocco, Poland and Spain with the exception of the provinces of Navarra, Asturias and the Basque Country. In such states, legal possession of weapons is usually sufficient; however, this permission is usually limited in time and must be applied for again after one to three years. Great Britain requires a game license or game keeper license , except for rabbit hunting on its own or enclosed land.

literature

Comparative law

  • Société Française pour le Droit de l'Environnement (ed.): La chasse en droit comparé: Actes du colloque organisé au Palais de l'Europe, à Strasbourg, les 9 and 10 November 1995 . L'Harmattan, Paris 1999, ISBN 2-7384-8176-0 .
  • Michael Lowndes Wolfe: A comparative consideration of the hunting regulations in the Federal Republic of Germany and in the United States of America . Bamberger, Hann. Münden 1966.
  • Ilse Haseder , Gerhard Stinglwagner : Knaur's large hunting dictionary . Augsburg 2000, ISBN 3-8289-1579-5 .

Individual evidence

  1. ^ Duden Law A - Z: Specialized lexicon for studies, training and work . 3. Edition. Dudenverlag, 2015, ISBN 978-3-411-91106-6 , hunting law.
  2. ↑ a b Jérôme Fromageau: Genèse du droit de la chasse dans les pays européens . In: Société française pour le Droit de l'environnement (ed.): La chasse en droit comparé . L'Harmattan, Paris 1999, ISBN 2-7384-8176-0 , pp. 7-21 .
  3. ^ A b Heinhard Steiger : Gibier et espèces cynégétiques . In: Société française pour le Droit de l'environnement (ed.): La chasse en droit comparé . L'Harmattan, Paris 1999, ISBN 2-7384-8176-0 , pp. 69-76 .
  4. ↑ BJagdG § 7.
  5. ↑ Jan Bouckaert: Les territoires de chasse et les habitats . In: Société française pour le Droit de l'environnement (ed.): La chasse en droit comparé . L'Harmattan, Paris 1999, ISBN 2-7384-8176-0 , pp. 79-99 .
  6. ↑ a b Annie Charlez: Les modes de chasse . In: Société française pour le Droit de l'environnement (ed.): La chasse en droit comparé . L'Harmattan, Paris 1999, ISBN 2-7384-8176-0 , pp. 119-126 .