The article aims to provide a brief review of the constitutional jurisprudence on the licensing regimes of installation based on renewable sources, assigned by art. 117, paragraph 3, of the Constitution, to the concurrent legislative power of the State and of the Regions. After a survey of State sources containing the fundamental principles on the subject of authorization systems, the article analyzes the judgements about the relationship between the "Guidelines for the authorization of installations based on renewable sources" and regional laws. The article then analyzes the Court's jurisprudence in the field of the planning and location powers of the Regions and Autonomous Provinces, as well as the "restrictions" to regional legislation in this context; and, again, the decisions of the Court which consecrates the measures on the procedural form (CDS, AUA, deadline for conclusion) as general principles.
Regimi abilitativi degli impianti da fonti rinnovabili: il “punto” sulla giurisprudenza costituzionale più recente
Bucci, Gaetano
2022-01-01
Abstract
The article aims to provide a brief review of the constitutional jurisprudence on the licensing regimes of installation based on renewable sources, assigned by art. 117, paragraph 3, of the Constitution, to the concurrent legislative power of the State and of the Regions. After a survey of State sources containing the fundamental principles on the subject of authorization systems, the article analyzes the judgements about the relationship between the "Guidelines for the authorization of installations based on renewable sources" and regional laws. The article then analyzes the Court's jurisprudence in the field of the planning and location powers of the Regions and Autonomous Provinces, as well as the "restrictions" to regional legislation in this context; and, again, the decisions of the Court which consecrates the measures on the procedural form (CDS, AUA, deadline for conclusion) as general principles.File | Dimensione | Formato | |
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