Photovoltaics and termination of business start Coherence and simplification (for everyone) on renewable energy sources
is difficult to explain the frustration that one feels in the face of constant desire to complicate things The most popular and profitable trade in Italy.
in the renewables sector, our country, in fact, despite the infinite potential, basks in toying
referrals, skills rebounds, setting up new skills
(not just formal recognition) of grueling losses time, due to the maze our national legal system, which in turn made up of many
principles, which do not lead to serious reforms and strict. This is the scene of many battles against the citizens' ignorance
administrative As often happens, the judge who, in our country, trying to put a little 'in order to give a little' consistency to chaos legislation. Luckily, in fact, the judge is not always like that described by De Andrè nano in one of his famous song.
Unfortunately, for us, the nano - "bitch for sure, because his heart is too close to" ... .. "there", would say in the shoes of the Marchesini sexologist - has starred in many other buildings, non-judicial ...
And the judge in this case, is the sentence no
TAR Lecce 1064/2010 ,
free download from the site of a legal nature after simple registration, which sought to explain in as simple as to be trivial as there should be even, better and more easily, especially when there are interests at stake are so important as the right to health and a healthy environment.
Let's briefly below, and just as simple rigor, thought balanced the TAR of Lecce.
balanced because it takes account all the interests at stake.
start from the general government side, a subject sometimes unfairly overwhelmed with criticism, but sometimes capricious and unnecessarily conservative.
Regarding
complaint Logon to photovoltaic , public administration, for reasons of sound must be assigned for the monitoring of legal requirements, a full term, and not "crippled".
In other words, the Administration can not and should not be given a period of fact less than thirty days, the same as what would inevitably be restricted if the deadline specified by law, is to take place both investigating the matter and to its (possible) decision injunction, the material is notified of such decision.
Give to Caesar what is Caesar's.
So, to return to the case analyzed by the TAR of Lecce (1064/2010) it is sufficient that within a period of thirty days, the order has been adopted and, at most, left, and the notification ie the material knowledge of the order by a private moment, it can reasonably be, given the normal time frame, even after this deadline.
It is, in short, an approach consistent with the provisions of the Constitutional Court regarding the service of judicial documents, where it was stated that the service is perfected, for notifying the date of service of the bailiff rather than the ensuing reception of ' act by the recipient before.
It would be manifestly unreasonable for a barring effect might arise from the delay in the completion of an activity not attributable to the notifier, but in different subjects (the bailiff, agent or postal put the city, as in this case), and thus completely unrelated to the availability of the first ball).
On the other hand - and here we come to the side of the industry - the logon complaint stems from the requirements of simplification and liberalization of the system: in particular, in planning this need manifests itself mainly in order interventions (ie the children) not significant urban impact.
As for the renewable energy installations, such a requirement is of nature even more pronounced if one only takes into account that: •
one hand, the same shall be considered by national law as works of public interest and ,
• second, the legislation EU reference, with the aim of progressive liberalization of the energy market, expresses a clear "favor" for the production of energy from renewable sources and the construction of facilities, requiring member states to remove any regulatory barriers or other (eg administrative, as in this case) to increase the electricity production of this type.
Since the objective of maximum simplification pursued by both the DIA building itself, and - above all - from legislation on renewable energy installations therefore any type of performance charged to the private investigation must be subject to a policy of strict interpretation and application.
Therefore, as the art. Building requires only 23 of these interventions, the purpose of their eligibility to be (only) in accordance with the planning tools and building codes, safety standards and those of health and hygiene, it must be concluded that out of these assumptions, the PA proceeding can not envisage additional conditions or impediments to the initiatives related to best interests not included among those eminently ascribed to its jurisdiction (local).
In the case examined by the Administrative Court ruling of Lecce in 1064/2010, the Board ruled in favor of the applicant, which stressed the illegality of the suspension by the City of thiol enabled, the lack of items not related to those instructors documentary claims that, under the said Article. 23 TUED, must necessarily accompany the complaint to login.
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Legal nature of Andrea Quaranta: Study of Environmental Legal
.
Andrea Quaranta Contact by email or phone to request your opinion
of environmental law.
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