Cancelled, without ifs and buts. The acts of the Draghi government, which had authorized manu militari a devastating wind farm on the horizon of the Basilica of Saccargia, between Nulvi and Ploaghe, collapsed like skittles as a sentence from the Sardinia Tar destined to become exemplary in environmental and landscape law . Draghi and Cingolani rejected without appeal, accepted the appeal of the Sardinian Region with which the Regional Attorney led by Mattia Pani, with the lawyers Andrea Secchi and Giovanni Parisi, dismantled the "commissarial" acts of the Government that ended up in the attic two months ago. For the Sardinian Region it is not just a judicial victory.
Ambush the "Specialty"
In the clash with the actions of the most centralist government ever in terms of energy, a clear violation of the constitutional provisions and of Sardinia's "special" statutory powers in the field of energy and landscape protection emerges with force. The Judges of the Regional Administrative Court, Marco Lensi, President, Antonio Plaisant, Judge Adviser and Gabriele Serra Judge Draftsman, showed, in the sentence published yesterday at the end of the morning, an uncommon authority given the grandeur of the counterpart of the Region, the Presidency of the Council of Ministers. A decision which, as the Judges themselves point out, addresses an unprecedented issue in the State-Region relationship, establishing a limit to the boundless powers of the Council of Ministers.
Judges
It is precisely this authority of the Sardinian administrative judges that makes the difference precisely because the final judgment enters into the merits of the procedures, precisely defining their boundaries, and of the same substance as the provision. A sentence of over 30 pages, all punctuated by a surgical analysis with arguments that clearly aim to establish for the first time in terms of landscape law in Sardinia some fixed points, indicating the restricted limits of maneuver of the Government on the regional territory of the Island .
