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.
