March 29th, 2010 – The Constitutional Court declares arts. 2 and 3 of the Apulian Regional Law 31/08 constitutionally illegitimate.
Yesterday, the judgment was issued regarding (download ) the appeal by the Italian Government against the Apulian Regional Law nr. 31/2008 and in particular, among others, against the provision contained therein allowing photovoltaic plants up to 1 MW to be accepted by Notice of Activity Commencement.
In particular, arts. 2 and 3 of the Law were declared unconstitutional based on the following principles: .
● The Regions cannot establish autonomously which are the areas where the renewable-source plants cannot be installed (in particular photovoltaic and wind) without any state guidelines (expected for many years);
● The Regions cannot rise the power limits for which the Law Decree 387/2003 and following amendments provided the authorization process to be simplified by using the Notice of Activity Commencement.
In order to execute photovoltaic plants up to 1 MW, the Single regional authorization will be needed.
To this aim, please consult also the article article published in the Gazzetta del Mezzogiorno of March 28th and the reports of the Regional Councillor for Ecology.