Convivere con i grandi carnivori: il caso degli orsi in trentino come sfida alla conservazione della biodiversità

The article examines the difficult coexistence with large carnivores in the Province of Trento and aims first and foremost to reconstruct the regulatory framework concerning the protection of wildlife, starting from the Vienna Convention and the European Union’s Habitat Directive. The system of protection for bears and wolves entails prohibitions on disturbance, permanent captivity, and killing, subject to certain derogations that may be allowed under Article 16 of the Directive. The Province of Trento implemented a bear reintroduction plan in its territory and enacted legislation governing possible exceptions to the ban on killing, in compliance with Article 16 of the Directive. However, coexistence with these species has proven problematic and, following serious incidents – including the killing of a man – has given rise to litigation before the administrative courts and, more recently, to a request for a preliminary ruling before the Court of Justice. The article compares the decisions adopted by the national court and explains the reasons for referring the matter to the Court of Justice of the European Union.