Decree-Law nr. 63 dated May 15th 2024 and published in the Official Journal n. 112, entered into force on May 15th 2024. It provides several measures aimed at protecting and relaunching the agricultural market but, however, introduces also a ban regarding the installation of photovoltaic systems on agricultural land.
Stefano Lucarini and Teresa Di Mario of Tonucci & Partners point out, in this regard, that “the restrictions enforced by article 5 of the so-called Agriculture DL will significantly slow down the growth rate of photovoltaics in Italy, preventing the usage of agricultural land – even the disused or abandoned one – for installing photovoltaic systems”.
The two energy law experts raise the alarm by claiming that the provision “is in conflict with articles 41 and 117 of the Constitution and, furthermore, with European legislation”. If it were to be applied, this rule “would reduce the capacity to generate renewable energy, compromising the achievement of national and European targets – the lawyers highlight – and then, the decision is clearly taken: unfortunately it will be necessary to crowd the courtrooms again in order to clarify how illogical this prohibition is”.
