And while the Russian-Ukrainian conflict seems to have become the media weapon of "mass distraction", useful for justifying the "non-fact", meanwhile, on the internal level, the executive, or rather Mario Draghi, is permitted to to dismiss yet another Decree of the President of the Council of Ministers, the one on energy to be clear, in the absence of any agreement between the State and the Region of Sardinia on this point. The criticism of the provision passes, in particular, through a double order of circumstances, complained not only by the president Christian Solinas, but even before by the honorable Stefano Tunis, president of "Sardegna 20Venti", on his Facebook page: in the meantime, the absence the Province of Nuoro in the new gas routes traced by the Decree; therefore, the generic reference to renewable sources which, precisely in consideration of its generic nature, would not be suitable, as in fact it is not, to exclude the risk of the invasion of photovoltaic panels and wind turbines on the island.
If we were to stick to the plan of formal deductions, we would have to, in spite of ourselves (but we have become accustomed by now), to portray certain dramatically consequent reflections: the first, concretized and concretized in the meditated and deliberate inattention of an Executive that conceives, and wants to conceive, the Sardinian "hinterland" as a "sterile area of underdevelopment" with "planned obsolescence" to the evidence that is definitively "exhausted" and, for this very reason, unable to provide guarantees of future development; the second, concretizing and concretizing, in the stubborn governmental will to refer, at least in the near future (and then who knows), only to the coastal metropolitan areas in total neglect of the specificities of the island territory and its structural deficiencies destined to remain such; the third, which materialized and materialized, in a real speculative assault perpetrated to the detriment of the territory of Sardinia in the total absence, once again, of a reasoned and agreed planning that ensures positive and real repercussions in favor of the communities concerned in the restricted terms of relief on the costs of the energy actually consumed.
To be clear, and without going around it too much: the island would seem destined to survive only in its coastal territorial articulations as a seasonal tourist destination, since the inclusion in a complete development plan of the complicated inland areas seems to have also appeared to Mario Draghi as " matter ”of anti-economic significance to be“ filed ”“ ipso facto ”and without the possibility of appeal. In short, right after the change (if really intervened) on the so-called "insularity" (which continues to appear as the usual "decoy" useful to give the occasion "sop"), the Central Government, in its various articulations, instead of paying special attention to the conditions of an island that has always been left on the sidelines of any legislative intervention of interest, has seen fit to give it, for the umpteenth time, a botched, patched-up attention and therefore necessarily of little regulatory value only to offer, it would seem, a semblance of operation which, probably, does not seem to have been exercised in the due and expected ways. All this, beyond and beyond any spontaneous and dutiful principle of "democracy" of the "decisions" that should have inspired legislative action.
The bitter consideration is that the restrictive, obsolete and obvious prejudice referable to anachronistic conceptions that seem to want to relegate us to a servilistically understood "southernity" continues to prevail over every form of ideological rationalism and continues to reflect dangerously on the activity of the political decision-maker, almost to want to underline the need, which has now become structural, to provide for the gradual "strategic" elimination of every critical territorial "joint" regardless of its development potential.
Is it possible that periodically, and on a constant basis, the Italian government always manages to make it legitimate to carry out regulatory interventions aimed at relegating the island to the condition of a mere possession overseas, located outside the national borders and, as such, unworthy of to receive due consideration and useful, if anything, only in terms of the tax revenue imposed on it in an exorbitant way if compared to the available resources and the real income of its inhabitants who have always been considered "ugly, dirty and bad"? Why favor the so-called wind lobbies without any, as far as is known, environmental assessment? Why energetically mortify the island by discriminating against families in total disregard for any consultation? What should Sardinia do with it, this being the case, with the much vaunted National Recovery and Resilience Plan which even in its nomenclature bears its original "sin"? Perhaps asking is useless "speculation". All the more when we pause to consider that if a state provision presents itself as invasive of regional powers and does not constitute, as in the case in question, application of the principles of subsidiarity and adequacy, it would be at least essential to provide for an understanding between the state itself. and the Region concerned to which the operation of the discipline can be subordinated.
Basically, and understandably, a procedure would have been necessary through which the "unitary" application licensed by the Dpcm Energia could be tested in its real consistency and, therefore, parameterized to the need to involve the subjects holding the attributions, for so say, attracted, safeguarding their constitutional position. In saying it otherwise, the principle of subsidiarity, unlike what Mario Draghi seems to have shown in the specific circumstance, bypassing the Sardinia Region, must in no case operate as an "a priori modification of regional competences in the abstract" (to use the words of Constitutional Court) but, if anything, as a "method for allocating functions at the most appropriate level". So that, even if the contested legislative activity has already been put in place, as happened in the case that concerns us, it could not bind the Region until the necessary Agreement is reached.
It is almost idle to have to remember this: but not even Super Mario can ignore the constitutional prerogatives. If the Constitution requires, as a guarantee of regional competences, that there must be an agreement, that agreement must be pursued beyond and beyond any self-referential attitude. To use the words of President Christian Solinas, who is believed to be able to share for whatever reason, "this decree cancels our energy autonomy", and ends up conceiving Sardinia as a "colony". Therefore, any intervention in the competent judicial offices is welcome.
Giuseppina Di Salvatore
(Lawyer - Nuoro)
