The Scientific Committee "Insularity in the Constitution" has filed a complaint with the Sardinian Public Prosecutor's Office to request the start of investigations aimed at ascertaining any criminal liability "for serious and irreversible damage caused to the Sardinian territory".
«The complaints concern in particular the effects of Legislative Decree 199/2021 (the "Draghi Decree") and Ministerial Decree 236/2024, which impose on Sardinia, by 2030, a minimum production of 6,264 MW from renewable sources, without defining a maximum ceiling and without prior planning», explains a note from the Committee according to which «these measures violate constitutional (articles 9, 41, 119), community (article 191 TFUE, article 37 Charter of Nice) and international (Aarhus Convention, European Landscape Convention, SEA Directive) rules, as they were adopted without adequate Strategic Environmental Assessment and in the absence of public participation as required by current law ».
The consequences, for the committee, include "profound and irreversible alterations to the landscape, soil, biodiversity and local economy, especially in the internal areas of the island, not yet covered by the regional landscape plan". The impact also concerns traditional productive activities, such as agriculture, pastoralism and tourism. The committee also underlines that the Sardinia Region, by virtue of the Special Statute, exercises "primary legislative competence in environmental and landscape matters, confirmed by constitutional jurisprudence".
In the absence of precautionary and corrective measures, the committee asks to "verify the existence of the crimes provided for by articles 518-duodecies and 452-quater of the Criminal Code, with the right to join as a civil party". It also requests to be informed of "any extensions of investigations or requests for archiving, in compliance with the rights recognized to citizens and bearers of collective interests".
(Online Union)