Egr. President ... Lei intervene The decree is unconstitutional.
Napolitano We need to ask not to sign it.
Something must be done in many. More and more we will have a say. We trade associations, major operators of photovoltaic us, we small operators of photovoltaic ...
mind And we fight, in Europe is expected renewable ... Italy and the obsession, however, is the nuclear .
Here is the text of the letter: ***
E-mail Subject: Call for unconstitutional DL Renewables - solar
body of the e-mail:
His Excellency Ill.ma President of the Republic
Subject: draft legislative decree implementing Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of energy from renewable sources, on modification and subsequently repealing Directives 2001/77/EC and 2003/30/EC, and more clarification of the text published on the website of the "Sole 24 Ore " of 03.03.2011, which was approved by the Council of Ministers on 03.03.2011. MANIFEST unconstitutional '.
Reference is made to the draft legislative decree referred to the object, to detect that the same is contrary to EU law which would implement, as well as the Italian Constitution.
1. Effects of the new discipline
Article 23, paragraph 9 a schema decree in question provides that the rules of the third-in tariff will apply only to photovoltaic systems for which the provision of electricity take place by May 31, 2011. The incentives for facilities that will be established after May 30, 2011 will be determined only after approval of the decree, by April 30, 2011.
All operators are pushing ahead the construction of facilities to be connected by August 31, 2011 and many of those who expect to connect within 31 December 2011, have already purchase orders of main components and investment for the acquisition of land or other rights at prices determined by the market on the basis of pricing conditions in the Third energy account.
E 'in front of it had become clear that cancellation rates of DM 6 August 2010, these operators are found to have the economic and financial performance of its investment completely overwhelmed by under unforeseen and announced only the day of its approval , with the result that:
a) the operators may not have the new tariff incentive cover investments already made or already involved with contracts signed;
b) any procedure for funding of these investments are abruptly interrupted and at best can be transferred only to resume when the new tariff framework will be established and only if the new tariff framework will confirm the assessments already carried out on investment. That may be difficult, considering that the cost of investments was determined on market conditions related to incentive rate for the third account energy and therefore may not be congruent in terms of financial parameters with the new tariffs.
For those in the coming months are expected to become operational photovoltaic systems and have launched or are about to start construction of photovoltaic systems, the Government has caused a misrepresentation of economic assumptions investment, creating an untenable situation from the standpoint of both economic and financial, which could have serious repercussions not only in terms of credibility International of Italy also on employment.
is not a political issue, but simply allow those who have already made investments to fulfill contracts already signed , which responds to a principle of legal culture that transcends any evaluation of strategic or political.
should also be considered that, under Article 8 of the draft order can not be guaranteed any incentive to plants licensed in the agricultural zone that not come into operation within a year.
On the one hand, with the uncertainty about the new tariffs will prevent the departure of investments and other side states that such investments, however, can not be done unless they are terminated within a year.
This prediction is clearly the opposite of the intent to promote the construction of renewable energy installations and is retroactive to suspend the implementation of much of the capacity already approved.
2. The violation of the principles of reasonableness and good performance, protection of legitimate expectations. Freedom of private economic initiative.
The only statement of the facts mentioned above give evidence of manifest unreasonableness and the severe injury of the principle of expectation caused by the rules in a dispute that has, quite unexpectedly, without disregarding the rates on the basis of which the operators have ongoing investment.
Here's an excerpt from the September 10, 2009 ruling on the case 201/08 of the Court of Justice of European Communities, in which shows that:
" It should be noted that the principles of legitimate expectations and legal certainty form part of Community law would have to be met by the Community institutions, but also by the Member States in the exercise of the powers conferred on them by Community directives (see also 12.3.1998 C 381/97, 3 December 1998 C 381/97, 26 April 2005 C 376/02, C 271/06 21 February 2008 ). It follows that national legislation ... is to transpose into domestic law the provisions of the Member State must comply with these guidelines ... the general principles of law Community. ..... It should be recalled that according to the law of the Court, the principle of legal certainty, the corollary of which is the principle of you! canvas of legitimate expectations requires on the one hand that legal rules are clear and precise and the other side that their application would be predictable for those who are subject (February 15, 1996 C 63/93, C 18 May 2000 107/97; C/17/03 June 7, 2005) "
The need to protect the legitimate expectations of citizens, however, is also protection in Articles 3, 23, 41, 42 and 97 of the Constitution, that protect the reasonableness and fairness in administrative action, as well as the economic ownership of private property and freedom of private enterprise and which are violated by the aforementioned rules.
It highlights in particular with reference to Article 41 of the Constitution that the government prompted traders to invest in at certain levels of the market by then come under the criteria for such investments . Business operators are therefore not able to continue today (or at risk to have) the exercise of his business, not because of market dynamics, but because of the false credit lines created by the legislature. This is in clear contradiction with the obligation to guarantee freedom of private economic initiative.
3. The contrast of the discipline concerned with the obligation of achieving the share of renewable generation at community level and established with the mandate to implement the framework.
The Government 'has been delegated with the Community Law 2009 (L. 06/04/2010 n. 96) the implementation of EU directives on promoting the use of energy from RENEWABLE also in order to achieve the objectives established at Community level of production from renewable sources.
As we have seen the government but instead of promoting the industry has misled the industry by putting at risk their ability to continue its business. The Government has thus an obvious contradiction is that the delegation received the following advice of the two Houses of Parliament. In other words, in so doing the government in violation of Article 76 of the Constitution has unlawfully exercised the legislative power, in the absence of delegation, in contrast with the indications Parliament and the general direction of the law of the delegation, and in contrast to the Kyoto Protocol, the Directive of 04.23.2009 n.2009/28 and not least the recommendation of the European Commission of 31 January ca
In light of the foregoing, we ask that Your Excellency Mr. President, in exercising its powers and as the guarantor of the Constitution, should make the referral decision of the superior for its review and its amendment in order to make it consistent with constitutional precepts and obligations arising from belonging to Italy European Union.
Sincerely,
Via 