Environmental Assessments and Authorizations: SEA - EIA - IPPC Permit
Legal Area
Results (10)
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31/10/2017
With the Judgment no. 218, 20 October 2017 the Constitutional Court reaffirmed that Regions have to abstain to derogate in peius from the environment standards set by the national legislator. The Constitutional Court, with the Judgment no. 218 20 October 2017, indicated the limitations of the regional legislative power in environmental matters.
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27/07/2017
Judgment of the Court of Justice 21 December 2016, C-196/16 and C-197/16 – "ex post" EIA
With the Judgment of the Court of Justice 26 July 2017, in joined Cases C-196/16 and C-197/16 ruled the possibility of carrying out an EIA a posteriori in the event of failure to carry out an EIA of a project on the condition that the parties concerned are not provided with an opportunity to circumvent the rules of EU law or to dispense with applying them and that environmental impact is proper taken into account and evaluated from the time of its completion
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08/02/2017
With the judgement no. 267 of 15th December 2016 the Constitutional Court declared unconstitutionality of Article 2, paragraph 1, letter h, number 3) of Puglia regional law no. 17 of 14th June 2007 “Provisions on environment, including in relation to the decentralization of administrative functions relating to the environment" in so far as it provides the three-years effectiveness of decision of exclusion from EIA procedure
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26/01/2017
The Court clarified that “the validity of Article 3, paragraph 3, of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment” is not affected “in the light of the provisions of the TFEU and the Charter of Fundamental Rights of the European Union”.
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23/01/2015
The Judgment of the Puglia Regional Administrative Tribunal (TAR), Sec. 1st - November 20th , 2014 n. 2833 has reiterated the principle, already established many times by the Constitutional Court, according to which the legislative competence regarding the environmental protection "while being often inextricably linked with other regional interests and shared competences, falls within the exclusive responsibility of the State ".
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30/07/2014
Judgement 199/2014 of the Constitutional Court in the field of wind turbines and mining rights
By judgment 199 of 10 July 2014 the Constitutional Court declared illegal certain provisions laid down in law 25/2012 of the Sardinia Region "Urgent provisions in the field of local authorities and sectors" that, in terms of construction of new wind power plants or expansion of existing facilities, provide for a full-scale ban on the installation of the facilities throughout Sardinia.
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18/06/2014
By Judgment no. 6187 of 10 June 2014 the Lazio Regional Administrative Court dismissed the trade associations action for the annulment of the Ministerial Decree 161/2012.
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19/09/2013
EIA Screening for the works of connection of wind power plants to electrical grid
The works for the connection of a wind farm exceeding 1 MW to the electrical grid shall be subject to EIA screening since they can be particularly impactful on the environment and landscape.
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12/06/2013
Judgment no. 93/2013 of the Constitutional Court on the Law n.3/2012 of the Marche Region on EIA
By judgment no. 93 of 22 May 2013 the Constitutional Court declared unconstitutional Law no. 3 of 26 March 2012 of the Marche Region "Regional discipline on environmental impact assessment" in so far as it is not in compliance with European and national law.
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12/06/2013
The Court of Justice stated that "Member States are required to submit to an environmental impact assessment all projects that may have a significant environmental impact: specifically the Austrian legislation, which in the case of modification of an airport provides for the submission to an EIA these types of projects just in case they lead to an increase of at least 20,000 units per year in terms of aircraft movements, is contrary to EU law".