Simultaneously, like a parallel showdown, on the one hand the war for the government, on the other a titanic clash between the powers of the State on the wind turbines in the proscenium of the Basilica of Saccargia . In the hall of Palazzo Madama Mario Draghi yesterday morning invokes full powers, to manage public accounts and aeolian invasion in the land of Sardinia, on the other hand, at the same time, he deployed the State advocacy to defend that unilateral act to his signature with which he imposed 27 cyclopean wind turbines in the proscenium of the famous Basilica, the exclusive sacred and landscape symbol of the north of the island. The Judges of the TAR, gathered yesterday morning in the Council Chamber, in the historic headquarters of Piazza del Carmine in Cagliari, are perfectly aware of the weight of the lawsuit brought by the Sardinian Region against the decision of the President of the Council of Ministers.
The Region is not there
At stake is not just an act adopted by Draghi against the opinion of the Region and the Ministry of Cultural Heritage. The most delicate vulnus is that which concerns an evident clash between the powers of the State , on the one hand the executive one, on the other the judicial one. The appeal of the Sardinian Region, written by the number one of the Advocacy General Mattia Pani and by colleagues Andrea Secchi and Giovanni Parisi, writes it in clear letters. A line-up of the Region's lawyers that demonstrates a very hard clash of the Region against Palazzo Chigi.
It is written without half words in the appeal filed with the Regional Administrative Court: with the green light for that wind power plant , the Government has chosen to go against the sentences of the Sardinian TAR and the Council of State , which the same project had rejected without appeal. Mario Draghi, driven by the never dormant logic of full powers, had decided " motu proprio " to approve the plan of the Erg, the oil company converted to the wind, which wanted to raise 27 new wind turbines each high in the sacred proscenium of Saccargia of 200 meters, almost a 70-storey skyscraper, practically the tallest buildings ever designed in Sardinia, all close to the skyline of that territory.
The decision of the Prime Minister, according to what emerges from the appeal of the Region, highlights an unprecedented vulnus : the government decree ignores, indeed, totally contrasts with the decisions of the Judges who had considered that project "invasive" on an area as sensitive as it is protected . The government's decision had in fact upset two sentences, one of the TAR and one of the Council of State, practically a final judgment. The Region had two ways: to accept the State's imposition or to appeal against that decision with the aim of restoring both the judgments of administrative justice and above all protecting the autonomous Statute and the constitutional prerogatives of a special Region. Yesterday morning at the TAR the first hearing of a lawsuit that promises to be "relevant" and "complex" was staged, as the Judges immediately pointed out who, even before setting fire to the powders of the established parties, set a date for address the merits of the judicial file.
Showdown
The Region had asked for an immediate ruling from the judges to impose a stop on the ERG, which had been trying to impose that project for years. The magistrates preferred to set a close date to immediately enter into the merits by setting the hearing on the merits for November 9, to decide whether or not the Government could ignore the sentences of the TAR and the Council of State, with the clear opposition of the Region and the Ministry of Cultural Heritage. During yesterday's hearing, the judges assumed that the company will block any action for the realization of that project until that date. If it were to act, the magistrates said they were ready to intervene if the Region were to ask. For now Draghi has resigned, without appeal, while the wind attack on Saccargia must stop.