Environmental Assessments and Authorizations: SEA - EIA - IPPC Permit

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EIA - SEA National Litigation: closed 233 out of the 354 appeals

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10/05/2017

From 2012 to date, about 354 judicial and administrative appeals have been raised (to the Regional Administrative Court, to the Council of State and to the President of the Republic), in which administrative acts directly attributable to the Ministry of Environment have been censured on issues relating to EIA and SEA.

The 354 appeals consist of:

  • 236 appeals to the Regional Administrative Court
  • 56 appeals to the Council of State
  • 62 appeals to the President of the Republic

The offices of the Directorate-General for Environmental Assessments and Authorizations (DG EAA), following the study and analysis of the details of the individual legal cases, prepared for each of the closed appeals statements of defence containing the supporting documentation both in fact and in law concerning the complaints contained in the appeals . The same offices have taken care of sending the relevant documents to the Legal Council of State for the representation and defence before the courts.

To date, the proceedings being defined are:

  • 162 appeals to the Regional Administrative Court
  • 20 appeals to the Council of State
  • 51 appeals to the President of the Republic

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The outcome of the activities carried out, from 2012 to present, is significantly positive; in fact, given the aforementioned numerous appeals, many of which subject to significant media attention, all 233 appeals have been concluded with favourable judgements to the Ministry of Environment.

Such data confirms both the goodness and the correctness of the administrative and technical agere, and the effectiveness and profitability of the relationship established with the Legal Council of State in the defence of the Ministry of Environment.