The legal framework governing the construction and modernisation of sports facilities — presently set out in Legislative Decree No 38/2021, in Decree-Law No 96/2025 (as converted by Law No 119/2025) and in Bill S. 1312, currently before the Senate — does not expressly regulate the phase of dialogue between the...
Article 7 of Decree-Law n. 21 of 20 February 2026 (the “Bill Decree”), by inserting Article 10-bis into Legislative Decree n. 190/2024 (the Consolidated Text on Renewable Energy Sources, so called “FER Decree”), has reshaped the rules governing access to grid capacity for installations based on renewable energy...
By its judgment of 5 February 2026, in Case C-810/24, the Court of Justice of the European Union declared that the right of pre-emption conferred upon the promoter within the framework of project financing procedures is incompatible with Union law, thereby marking a turning point for public-private partnerships in...
With Decree Law No. 19 of 19 February 2026 , published in Official Gazette No. 41 of 19 February 2026 and entered into force on 20 February 2026, the legislator – as part of the acceleration measures related to the implementation of the PNRR – intervened, among other things, on the regulation of extraordinary appeals...
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...
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