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Having said the above as a preamble, what happens with the Animal Protection Law that will soon come into force? Which contains among its final provisions, several authorizations for its regulatory development, which ultimately makes it impossible to put a good part of its articles into practice, while said development does not occur, which can take months, years, or never occur. .
For example, in the specific case of the Law that we mention, courses for dog owners have not been established or developed, the lack of which could lead to penalties of up to 10,000 euros. There is also no registry of non-professional breeders, nor is civil liability insurance still required (although in most municipalities this obligation already exists and is developed); Nor has the positive list of companion animals been Whatsapp Database established, that is, a classification that will determine which species can be acquired as pets. It only clarifies that dogs, cats and ferrets will be considered pets. The preparation and publication of this work will not be carried out immediately. The regulatory standard by which it is regulated has a long period to come into force: two years to approve the regulation that develops it and one more year to publish the first list, according to the fourth final provision of the Law.
The central system of Animal Protection Records has not been developed either , for which a deadline is once again given to the Government in the fifth final provision.
There are so many references to future regulatory development that this law, like others, refers in its eighth final provision to regulatory authorization with the following wording: “ The Government is empowered to dictate as many provisions as are necessary for the compliance and execution of this present law. law ."
The problem with this generic authorization is its optional nature, in addition to its absolute lack of specificity : the authorization clauses must limit the material scope, the deadlines, if applicable, and the principles and criteria that will contain future development. Provisions that are conspicuous by their absence in this law.
As jurists specializing in the matter, but also as citizens, we must not stop demanding that our rulers have a duty to complete the regulation contained in the laws, so that their precepts are truly applicable , operational and for the benefit of the public interest. and legal certainty. Failure to comply with this duty is more common than it should be and, often, the imbalances and dysfunctions that it entails end up being resolved by the courts of justice, in this case and mainly in the contentious-administrative order .
Finally, and apart from the authorizations, another problem that this law shares is the problem of competence , in an area, such as that of animals, in which the State, Autonomous Communities and Local Administration have important powers that come together (in this sense , the example of the amendment to the entire Law presented by the PNV for invading the autonomous powers of the Basque Country is a clear example).
In fact, the regulatory text itself makes clear the State's authority to dictate basic legislation under articles 149. 1. 13ª, 16ª and 23ª of the Constitution.
We predict a difficult path for the Law to be in force and of difficulties, which will have to be overcome to finally be put into practice. We'll be alert.
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发表于 2024-2-19 15:25:45