The Lazio Regional Administrative Court dismantles the Sardinian law on suitable areas, tears it to pieces and sends it before the Constitutional Court . After the government, which challenged it, the administrative judges of the Capital also detect a long series of passages that smell of unconstitutionality in the law proposed by the Todde Council and approved in December by the Regional Council in the failed attempt to stem the invasion of renewable energy production plants on the Island.
The dispute – The demolition of the regulatory framework is contained in an order of over 30 pages issued by the third section of the TAR of the capital, called to decide on the appeal presented by Rwe Renewables Italia Srl, owner, in Sardinia, of a wind farm already authorized and numerous others under evaluation. The thesis of the appellant, who also contested the Pichetto Fratin decree on the basis of which the island law was issued, was: Sardinia, clinging to the government provision, has declared 99% of the regional territory incompatible with the construction of blades and panels. Therefore, the freedom of private economic initiative would be compressed and the decarbonization objectives imposed by the European directives would not be pursued. There is a paradox in the order: the judges reject the company's thesis, but only to demolish the Sardinian law at its roots, suspend the judgment and call into question the Constitutional Court. Meanwhile, a ruling, filed yesterday by the Lazio Regional Administrative Court, requires the rewriting of the decree, precisely for the part that left too much discretion to the Regions. The mess is all along the line.
Suitable areas dismantled – For the panel, the Sardinian law does not produce the effects hypothesized by the Sardinian legislator: «It must be radically excluded», write the judges, «that the “unsuitable areas” can be considered completely forbidden to the installation of Fer plants», otherwise it would be «seriously jeopardized the achievement of the country's energy objectives». However, the tenor of the law suggests that this is the case. And for this reason it is branded as illegitimate.
Illegitimacy – A fundamental error was allegedly committed in December. If the Region has primary jurisdiction over construction and urban planning, the ordinance explains, the law intervenes on energy, a matter shared with the State . The rule conflicts with «fundamental laws of economic and social reform that are also imposed on autonomous Regions». Article 117 of the Constitution is considered to have been violated, because «the inadequacy of a given area (...) cannot derive from an a priori qualification (...) but only from the outcome of an administrative procedure that allows for a concrete evaluation». The principle of proportionality of the protected values imposed by Article 3 is also not respected: the Constitution (Article 9) defends the environment «also in the interest of future generations». Paying attention only to the landscape would, in fact, compress the second protected value. Furthermore: by "indiscriminately" blocking already approved projects, the Todde law would violate the right to freedom of economic initiative established by Article 41. The Sardinian management also violates "the principles of impartiality and good administration". Defended by Article 97 of the Constitution.
Enrico Fresu
