«The classification of an area as “unsuitable” does not imply an absolute ban on the installation of systems , but merely excludes the application of simplified authorization regimes, so that individual projects can be evaluated through the ordinary authorization procedures».

The Constitutional Court has established this in ruling number 144, filed today, declaring the unconstitutionality of Article 1, paragraph 1, letter b), of Sardinia Regional Law no. 31 of 6 November 2025, insofar as it provides for the suspension – until the adoption of a regional regulation – of authorization procedures relating to plants powered by renewable energy sources (RES) located in areas not classified as suitable.

The decision follows the constitutional jurisprudence already outlined in rulings 28, 134, and 184 of 2025, confirming that the energy transition objective must be pursued through a balanced approach to landscape protection, land management, and the development of renewable energy sources, without compromising the continuity of the authorization system established by the state legislature.

The Court declared the Sardinian legislation unconstitutional, exceeding the regional legislative competence recognized by Articles 3 and 4 of the Special Statute, as it is incompatible with the EU-based state principles aimed at ensuring the maximum diffusion of renewable energy plants and the achievement of energy transition objectives, which also bind the Regions to special autonomy in the exercise of their respective legislative powers.

The Sardinia Region's legislation was also deemed unconstitutional due to its violation of the principles of equality and reasonableness set forth in Article 3 of the Constitution, as it indiscriminately blocks authorization procedures without considering the state of the investigation, investments already made, or the different expectations held by economic operators.

The Court held that the regional regulation, which precludes the continuation of proceedings already initiated and the submission of new applications for the construction of renewable energy plants in areas not included among those classified as suitable, constitutes a moratorium measure incompatible with the relevant state regulatory framework.

Following the verdict, a statement from the Region was issued, which reads: "The Region of Sardinia acknowledges ruling no. 144 filed today by the Constitutional Court regarding plants powered by renewable energy sources (RES), noting that the ruling contains important affirmations protecting regional competences in land-use planning and plant siting. While declaring the provision regarding the suspension of authorization procedures unconstitutional, the Court clearly affirms a principle of great institutional importance: the energy transition cannot entail the complete absorption of regional competences in urban planning, landscape, and land management."

(Unioneonline)

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