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The Council of Ministers of 6 July decided to challenge the law of the region of Sicily which provides for a 120-day judgment in the issuance of permits and is aimed at the construction of factories
The Council of Ministers resolved during of the session of July 6, 2018 to challenge the law of the region of Sicily n. 8 of 08/05/2018, containing "Programmatic and corrective provisions for the year 2018. Regional Stability Act", containing rules relating to renewable sources, affecting authorizations for wind and photovoltaic installations and methods of implementation implemented and the criteria for participation in tenders for the badignment of the management of the natural gas distribution service, as well as on the concessions for the ownership of the Maritime State, which contradict respectively the principle of freedom of economic initiative in accordance with art. 41 of the Constitution, as well as the principle of protection of competition provided for in art. 117, second paragraph, let. e), of the Constitution
Anev – explains a press release from the badociation of wind companies – had previously reported its legal considerations regarding the content of the regional law, highlighting its profiles of unconstitutionality, especially with regard to an amendment submitted by the President of the Region of Sicily Nello Musumeci, approved by Aula, which provides for wind and photovoltaic power plants the suspension, for 120 days from the publication of the provision, the release of authorizations by the Region to enable it to verify, through a planning tool, the effects on the landscape and the environment related to the construction of such facilities, regardless of the list of unsuitable areas already approved by the presidential decree of the region in October 2017.
In addition to enucleate a number of other illegitimate profiles, the Association had found that the aforementioned law was in flagrant violation of the EC principles on the liberalization of the electricity market and the promotion of the sources renewable.
Anev, concludes the note, therefore welcomes the intervention of the Government regarding the Sicilian disposition, which in fact confers on the badociation its right, which for some time has signaled conduct incompatible with the provisions of national and supranational laws relating to the reduction of CO2 and production from renewable sources.
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