From pv magazine Italy
The Italian Constitutional Court has declared the Sardinian moratorium on renewable energy projects as unlawful.
The ruling, even if the moratorium has already expired, is important because “it sets forth principles whose scope exceeds the theme of the moratorium, affirming the unconstitutionality of regional regulations that conflict with the decarbonization objectives established at the European and national level,” attorney Claudio Vivani of Vivani & Associati, told pv magazine Italy.
The court found that the moratorium violated the constitutionally mandated aim of safeguarding the country's natural landscape.
Vivani, who dealt with the matter on behalf of RWE and Anev as amicus curiae (in jurisprudence, a lawyer who is asked by the court to provide legal opinions), explained that the ruling was extremely important “because it remedies an unjust and harmful situation not only for companies in the sector but also and above all for the interest of the community in protecting the environment and human health by combating climate change, in which renewable energy unquestionably plays a fundamental role.”
“This aspect seems to take on importance in the court's ruling, where it identifies the unconstitutionality of the Sardinian regional legislation due to the fact that it conflicts with the decarbonization objectives established at the European level and implemented at the state level through Article 20 of Legislative Decree 199/2021,” Vivani added. “In my opinion, this is a principle whose scope exceeds the issue of the moratorium and is placed on a more general level, which can usefully guide all regional legislation destined to be issued shortly on the areas suitable for the installation of renewable energy production plants.”
Even if the moratorium has already expired, the implications it had in blocking procedures underway during the period of validity and authorizations already issued prior to its entry into force must be considered. The projects already authorized will now be able to resume the implementation process but the possibility cannot be excluded that some, having been unable to start, remained subject to the subsequent law on suitable areas which prevented their implementation.
This situation could give rise to disputes, even before the court's ruling itself on the Sardinian law on suitable areas, which the Council of Ministers (CdM) decided on 28 January to challenge.
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