The “war” file is closed to mere mortals. Only the togates called into question can access the digital bank of the Council of State. For the rest just a code number: Nrg. 202208145. The appeal broke into Palazzo Spada, the Roman seat of the second degree of administrative judgment, on October 26 last, between the confidence in the Chamber and the Senate for the new government. The object is unequivocal: "Appeal against sentence in the shortened procedure pursuant to Article 119 of the Administrative Process Code". There is a sentence under accusation, that of the Lazio TAR a month ago, with which the judges of Rome rejected the appeal of the "Autonomous" Region of Sardinia which had declared war on the Energy Decree signed by the Draghi government which in fact was commissioner the Island.

Holy war

An appeal that promises to be a "holy war" between the State and the Region that goes far beyond the energy issue itself. At stake, in fact, is the very existence of the Sardinian Region, understood as a Region with a "Special Statute", with competences and powers protected, theoretically, by the Constitution itself. Theoretically, in fact. The sentence of the Lazio TAR, with which the arguments of the Region were rejected in its entirety, is, in fact, a real blow in the sponge to statutory and constitutional prerogatives reserved for Sardinia. Worse is a low blow, indeed very low, to common sense and national cohesion. One of those sentences written with the club of the most vulgar statism, a neo-centralism of the state such as to make even the most daring defender of national unity jump. The Judges of Palazzo Spada have succeeded where not even a convinced "Padanista" would have arrived: to pass the Sardinian Region as an executioner of the State rather than a victim of a decree written by the Government of Cingolani & Company to destroy equity, solidarity, cohesion and common sense. The appeal of the Region, therefore, is not only a political act, but above all a due reaction, indeed obligatory, against a sentence that "undermines" the Statute and autonomy competences.

Political act

The text of the appeal is now classified, but the presentation alone constitutes a relevant fact not only on the judicial level but also and above all on a political level. An appeal that opens a direct dispute with the Meloni government itself. The issue is decisive: the so-called "friendly government", the council and the Meloni government are center-right, if one could ever exist, it is ready to revoke that decree or, by constituting itself in the second degree of judgment at the Council of State, it will endorse it as if it were own? It is all too evident that the game is relevant, both politically and substantially. One fact emerges clearly: Meloni was the fiercest opponent of the Draghi government, which on the issue of energy has earned the most contemptuous judgments from the opposition and beyond.

Consistency & revocation

If consistency and logic in politics were not furnishings, the result would be taken for granted: immediate revocation of that decree proposed by the Minister of Ecological Transition Roberto Cingolani and countersigned by Prime Minister Draghi. Too bad that, even before the bell passed from the hands of the banker of Europe who became the tenant of Palazzo Chigi to those of the national “Giorgia”, Cingolani, the brightest standard bearer of Draghi's energy policy, returned through the window.

Double face tracks

It is no mystery, in fact, that he himself has suddenly become the first adviser-consultant of the new Prime Minister, former leader of the opposition. To understand if the new government will pursue the path it contested until a few weeks ago, however, it will be necessary to wait for the deed of constitution of the state advocacy. Waiting for the political match, now the judicial one begins. The defense of the Region is twofold: substantial and constitutional. Moreover, the judgment of the Lazio TAR also appears to the scrutiny of the most rigorous jurists as a massacre of the most elementary constitutional and statutory rules. It is the prerequisite of the entire sentence that shouts scandal when it is stated that the "gas" does not fall within the legislative power of the autonomous Statute of Sardinia, approved back in February 26, 1948, or 74 years ago. An interpretation that summarizes a vision enunciated shamelessly: the state can do what it wants. It is a pity, however, that the “Sardinian Constitutional Charter” assigns to the Region the competence in the matter of “electricity production and distribution”.

Constitutional vulnus

A vulnerability from which, then, the togates of the Lazio TAR lead to a whole other series of evident violations of the regional autonomy starting from the cancellation of the obligation of "agreement" between the State and the Region, a stringent constitutional requirement for the "competing matters" ". The Judges of the Lazio TAR in that sentence now challenged not only had razed the "special" rules to the ground but had pre-established arguments capable of preventing even the ruling of the Constitutional Court.

Sardinia violated

That equal degree between the State and the Regions for the judges of the Lazio TAR does not exist and they write it bluntly: "On closer inspection, the matter in question is to be considered the subject of the exclusive legislative competence of the State". All this for the aberrant assumption that the "gas" does not fall, according to the view of the judges of the Lazio TAR, in the theme of the production of electricity. It is precisely that approach that "violates" the autonomy dictate that led the Region to challenge the sentence. The war on energy between the state and the region is just beginning.

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