The criteria entered
In the end, what was largely predictable happened: the TAR of Lazio intervened with a ruling that annulled a part (the most important) of the decree on Suitable Areas of the Ministry of the Environment that should have put an end to the dispute regarding the areas in which it is possible or prohibited to install energy production plants. renewables. The ruling (n. 9155/2025) has, in fact, intervened by establishing the nullity of paragraphs 2 and 3 of article 7 of the ministerial decree which recognize the Regions' discretion in recognizing as suitable the areas identified at national level by Legislative Decree 199/2021. Excessive delegation, absence of transitional legislation, lack of homogeneity and disproportionate and unjustified buffer zones (up to 7 km). These are the questions of constitutional legitimacy raised by the Administrative Court and submitted to the Constitutional Court for consideration. The Ministry of the Environment will have to review the criteria included in the ministerial decree. The immediate effect of the ruling was the blocking of the three regional laws currently in force.
Principle of normative homogeneity
Those of Sardinia, Friuli Venezia Giulia and Abruzzo which, in turn, will have to remodel their provisions following the changes to the ministerial decree. As regards the discretion in the choice of areas, for the TAR, the decree of Minister Gilberto Pichetto Fratin, grants the Regions unforeseen regulatory powers that violate the principle of regulatory homogeneity, which must be guaranteed throughout the national territory. Another exception of constitutionality is that relating to the absence of a transitional regulation which, not providing for safeguard measures, can leave authorization procedures initiated without a response, creating uncertainty and potential damage to investments. The ruling was a response to the appeals of the National Wind Energy Association and other operators in the sector.
Anev's comment
Anev itself, in the press release commenting on the court's decision, wrote: "the reasons that Anev had also publicly reported as being highly detrimental to the free entrepreneurial activity of renewable energy operators have been recognized as valid". A concern that the renewable energy sector shares with the agricultural sector. At a recent conference organized a few days before the TAR ruling in the Sala del Refettorio of the Chamber of Deputies, the president of Confagricoltura, Massimiliano Giansanti, expressed concern about the "lack of homogeneity of the rules between Regions". The variation of the rules according to the variation of territorial borders, "does not help - he explained -, just as the failure to complete the Regional Implementation Framework does not help. All of this is a source of insecurity, the main obstacle to business investments. There is a need for a national strategy with certain and univocal rules for everyone".
An unreasonable ban
In addition to the ministerial decree on suitable areas, the Administrative Court of Lazio has accepted the questions of constitutional legitimacy that had been raised by the renewable sector on article 20 paragraph 1-bis of the Agriculture decree which prohibits the installation of photovoltaic systems placed on the ground in areas classified as agricultural. For the TAR, this is an unreasonable and disproportionate ban that conflicts, above all, with the constitutional principles of proportionality and reasonableness and with EU legislation. For the judge (order no. 9168 of 13.5.2025), the unsuitability of an area cannot preclude the installation of RES systems regardless. According to the data contained. In the first report of the Observatory on agroenergy, Confagri and Enel, in the last thirteen years the value of agricultural production linked to renewables has gone from 232 million to almost 2.6 billion euros. 2024 ended with 48 thousand active plants and an installed capacity of 5 gigawatts. A constantly growing trend that needs oxygen. This is demonstrated by the results of the Pnrr measure on Agrivoltaics and the Agrisolar Park where the overall power admitted to PNRR aid far exceeds that set as the objective for the individual measures (Source CONFAGRICOLTURA).
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