Transizione energetica, ambiente e tutela del patrimonio culturale: un recente orientamento del Consiglio di Stato

This contribution explores a recent Council of State ruling on de- veloping renewable energy sources and protecting cultural heritage. The analysis aims to understand how the different interests involved in such decisions relate in light of the weight acquired by environmentalist de- mands in recent years. As a preliminary point, we focus on the judicial re- view of the contested measures, distinguishing between technical assess- ments and discretionary decisions, and then examine the parameter used by the administrative judge to censure the illegitimacy of the acts. In the path followed by the judges, a central role is played by the principles of sustainable development and integration, which, applied in conjunction with the parameter of proportionality, make it possible to identify a point of balance between opposing interests functional to the energy transition.