The clash is titanic. On the one hand, the wind attack, on land and at sea, planned by the Draghi government and on the other, Sardinia treated as a "colony" where thousands of gigantic wind turbines can be unloaded to produce energy to be used from Palermo upwards. An island that would like to transform "manu military" into a "colony" region where to deface coasts and breathtaking landscapes to give wind multinationals billions of euros in incentives , all plucked from the pockets of citizens. At stake, in this dispute, however, are not only the mega wind turbines of 180 meters that a multinational wind farm, Erg, would like to drive close to the Basilica of Saccargia, between Nulvi and Ploaghe . The match is much more relevant. The assault on that architectural diadem of black and white stone is only the tip of the iceberg.
Draghi's plan
The State, in fact, is increasingly striving to annihilate the very foundations of the autonomist institution, the one that has recognized the status of "Special and Autonomous" to the Region of Sardinia . The vulnus is exemplary: Palazzo Chigi wants to raze the "specialty" of the Sardinian Region to the ground with decrees, knowing full well, however, that the statutory prerogatives have constitutional status and as such cannot be subjected to incursions by lobbies and fixers. The wind attack reported in recent months by the Sardinian Union investigation has revealed a planned and secret plan. A plan to be passed in silence, with the connivance of many and the silence of many. An operation that the various state "boyars", from ministers to various subordinates on duty, have justified with a consideration as heavy as it is surreal: Sardinia is the windiest land in Italy.
It is a pity that the lords of the Palazzo have forgotten a step that is as elementary as it is fundamental: the Sardinian Region enjoys other constitutionally more meaningful values than this windy meteorological observation of Bernacca "newbies". They have forgotten, for example, what the Constitution "prescribes", reaffirmed by the High Court, affirmed by all the Courts up to the last degree of judgment. On all of them there is, in fact, an assumption: the Government and the parliament can change all the laws they want, but as long as ordinary laws remain, they cannot in any way undermine the constitutional foundation of the “Autonomous and Special Region of Sardinia”.
It is therefore only a question of defending oneself. To equip themselves to reject the State assault on the exclusive competence of the Region on matters such as the "Landscape" and constitutional prerogatives that assign the energy issue to a "concurrent" competence, where without agreement, strong and clear, no one can decide on their own of the other. And it is for this reason that in the last few hours, on the website of the Tar Sardinia, the Regional Administrative Court, the "420" file of 2022 appeared. The scan reads: " Ordinary appeal ". The object of the appeal is contained in a few lines: «Environment (Province of Sassari) - Project to upgrade the Nulvi-Ploaghe wind farm - Positive opinion on construction». Even the "respondent" was not long in coming: "the ERG company, represented by the lawyer Carlo Comandè of the Rome bar". War is declared. The Sardinian Region, with an exemplary appeal signed by the new Advocate General of the Region, Mattia Pani, and his colleagues, Giovanni Parisi and Andrea Secchi, changes its legal strategy and decides to put the state's wind attack on fire. The change of pace is no coincidence: at stake there are not only the mega wind turbines in front of Saccargia, but above all there is the autonomy of the Sardinian Statute.
Advocacy, the new course
This seems to be the decisive theme of the new course of the Advocacy General, all aimed at defending the constitutional prerogatives of Sardinia at all costs. The appeal of the Region against the government on the decree-resolution of Palazzo Chigi is in fact the first judicial face to face with Palazzo Chigi since the Regional Council formalized the establishment of the Advocacy General. A clearly clear political and institutional mandate, aimed at countering in every way the raids of the State starting from the "Landscape" up to the "energy issues". The appeal against the 180-meter high mega blades that the multinational Erg would like to place close to the Basilica of Saccargia is only the anticipation of the clash that will be played in the coming weeks against the "Sardinia Energy decree", the interministerial act with which the government has decided to transform the island into a real "state energy colony".
The match-clash, however, begins on the Basilica of Saccargia . A battlefield where all the "constitutional" issues that materialize in the confrontation of Palazzo Chigi are summarized which, ignoring the sentences of the Tar and the Council of State, of the total opposition to the destruction by the Ministry of Cultural Heritage and the Sardinian Region , has decided to sign a decree authorizing former Erg oilmen to place 27 blades 180 meters high each, 60-storey steel skyscrapers, right next to the proscenium of the church of SS. Trinity of Saccargia. In reality, what is most striking in Draghi's decree, challenged by the Region, is precisely the most total contempt of the pronouncement before the Sardinian TAR and then the confirmation of the Fourth Section of the Council of State.
The helicopter blades
The Draghi Government, however, hadn't noticed it and to overcome the clear opposition of the Superintendencies it had issued a decree last May with which it had given the green light to that disfigurement. Now the Region has decided to react. The appeal could even resort to an abbreviated procedure, with a request for suspension of that provision, given that in the meantime, to all contrary opinions, that of the Forestry Corps would also have been added, which with a very hard relationship would have put pen to paper its own opposition.
The argument is without appeal: with those wind turbines 180 meters high, the use of firefighting helicopters in one of the most environmentally sensitive areas of the territory would be at risk , including the safety of neighboring inhabited centers. Not only, therefore, the pregnant facts on a constitutional level but also an "urgent" objective element that makes it urgent to stop that project. For the rest, the clash is all about the Charter of Laws. Moreover, the Region can count on a decision of the Council of State, the last level of administrative judgment, which not even six months ago, on the same topic and project, had already engraved, with the chisel of the Constitution, the verdict contrary to that scar on both Basilica that to the constitutional prerogatives of the Region. The scanning of the verdict of the Council of State is protected in the appeal of the Regional Advocacy. To make the case a manual of Constitutional law compared with the “special” regional law, it is not only the two sentences, first of the TAR and then of the highest administrative assembly, but above all the punctual references to the decisions of the Constitutional Court.
The Council of State refers to them as the supreme shield. The first verdict placed at the basis of the regional appeal is the decision of the Court of Laws on European legislation on the production of electricity from renewable sources falling within the “concurrent” legislative competence relating to the “national production, transport and distribution of energy”. The much acclaimed European supremacy that would oblige, according to the state and various "subjects", Sardinia to accept everything and more is clearly traced back to a sacrosanct principle of "concurrent competence", where the state cannot do anything without "strong" agreement, clear and signed with the Sardinian Region. What's more, the Region recalls another decisive constitutional assumption: "The principle of community derivation of the maximum diffusion of renewable source energy plants can find an exception in the presence of health protection, landscape-environmental and asset protection needs. urban planning of the territory ". As if to say: the maximum diffusion of renewable sources is secondary to the protection of much more relevant values such as health, landscape and land use. At the heart of the Region's appeal, then, are all the previous degrees of judgment.
Court docet
It was the Constitutional Court that established that "the competences of the Regions with special statutes and the autonomous Provinces of Trento and Bolzano are subject to the" salvation clause "and" the primary competence attributed to a special Region or a Province autonomous, in the matter of landscape protection, renders the guidelines in their entirety inapplicable to the aforementioned special autonomies ". Finally, there is an exemplary passage sanctioned by the highest court presided over by Giuliano Amato: " In any case," specific and concrete constraints "by the State are not admissible with regard to special autonomies (sentence no. 275 of 2011)". Let alone if a decree-resolution by Draghi that forever plunders the landscape-proscenium of the Basilica of Saccargia can be considered legitimate, razing to the ground the constitutional safeguards of a Region, until proven otherwise, still with a Special Statute.
