Through ruling no. 134 of 15 July 2025 , the Italian Constitutional Court ruled on a key issue for the governance of the energy transition: the constitutional illegitimacy of a regional law introducing an absolute ban on the siting of renewable energy plants. This ruling aligns with and confirms the position recently...
Through ruling no. 1627 of 16 July 2025 , the Regional Administrative Tribunal (TAR) of Sicily – Palermo ruled on the applicability of the so-called silent consent under Article 17- bis of Law No. 241/1990, even in cases where a Superintendence is involved in a decisory Conference of Services (“ Conferenza di servizi...
In the context of the environmental reclamation procedures governed by Legislative Decree 152/2006, case law is consolidating the principle according to which, in the presence of a plurality of parties that have contributed - even in a non-simultaneous manner - to the contamination of a site, the responsibility for...
Already in the aftermath of the approval of the bill on the moratorium for new renewable energy plants (RES) in Sardinia, we had pointed out its constitutional criticality profiles for violating, among others, the prohibition on moratoria imposed by Article 20 of Legislative Decree No. 199/2021 as a fundamental...
Our Legislator is accustoming us to strong emotional shocks. The very latest news on expropriations in the renewable energy sector, however – in a context worthy of more thoughtful reflection – offer reassuring elements. We had left off with a note in which we wondered whether, under the legislative reforms in the...
In our note of 23 October we provided an overview of the changes introduced by the so-called DL Ambiente (Decree Law No. 153 of 17 October 2024). Here, we would like to focus on a specific provision within this Decree, namely Article 1 paragraph 2, which concerns the renewable energy sector. This provision stipulates...
On 17 October 2024, Law Decree No. 153/2024 , the so-called ' Environment Decree ', was published in the Official Gazette No. 244. The ' Environment Decree ' entered into force in Italy on 18 October 2024 and it is aimed at introducing a number of urgent provisions for the environmental protection of the country, the...
Although it is a measure that has been repeatedly announced by Sardinia's new regional administration, the draft law (' Urgent measures for the protection of the landscape and environmental heritage ' - hereinafter also referred to as the ' DDL '), passed on 30 April by the newly elected Regional Council, is causing...
While waiting for implementation of Art. 20 of Legislative Decree 199 of 2021 by the State and regions , in its ruling No. 27 of 2023 , the Constitutional Court released a decision on areas suitable for the installation of renewable plants, declaring unconstitutional two provisions contained in two laws passed by the...
On 17 May 2022 the Official Journal of the Republic of Italy (general series no. 114) published Decree Law no. 50, known as the “Decreto Aiuti”, which introduces a compensatory mechanism in public works contracts to tackle the unprecedented rises in the prices of construction materials, fuels and energy products...
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