JUDGMENT NO. 151
YEAR 2024
Commentary on the decision by
Carlo Padula
in the 2024 Studies of this Journal, 1006
ITALIAN REPUBLIC
IN THE NAME OF THE ITALIAN PEOPLE
THE CONSTITUTIONAL COURT
composed of:
President: Augusto Antonio BARBERA;
Justices: Giulio PROSPERETTI, Giovanni AMOROSO, Francesco VIGANÒ, Luca ANTONINI, Stefano PETITTI, Angelo BUSCEMA, Emanuela NAVARRETTA, Maria Rosaria SAN GIORGIO, Filippo PATRONI GRIFFI, Marco D’ALBERTI, Giovanni PITRUZZELLA, Antonella SCIARRONE ALIBRANDI,
has rendered the following
JUDGMENT
in the proceedings concerning the constitutional legitimacy of Articles 75 and 130 of the Law of the Sardinia Region of 23 October 2023, No. 9 (Provisions of an institutional, organisational and financial nature on various matters), initiated by the President of the Council of Ministers through an appeal notified and filed with the Registry on 22 December 2023, registered under No. 35 of the register of appeals 2023 and published in the Official Gazette of the Republic No. 4, first special series, of the year 2024.
Having regard to the deed of constitution of the Autonomous Region of Sardinia;
Having heard the reporting Judge Maria Rosaria San Giorgio at the public hearing of 8 May 2024;
Having heard the State Attorney Fabrizio Fedeli for the President of the Council of Ministers and the lawyers Giovanni Parisi, Roberto Silvio Murroni and Mattia Pani for the Autonomous Region of Sardinia;
Deliberated in the Council Chamber on 8 May 2024.
Considered in fact
1.– By appeal filed on 22 December 2023 and registered under no. 35 reg. app. 2023, the President of the Council of Ministers, represented and defended by the State Attorney General's Office, has initiated, among others, questions of constitutional legitimacy concerning Articles 75 and 130 of the Law of the Sardinia Region of 23 October 2023, no. 9 (Provisions of an institutional, organizational and financial nature on various matters).
1.1.– The first of these provisions replaces Article 59, paragraph 6, of the Law of the Sardinia Region of 12 June 2006, No. 9 (Assignment of functions and tasks to local authorities), establishing, for the purposes of this judgment, that the administrative functions and tasks in the field of environmental remediation indicated in Articles 242 and 249 of Legislative Decree No. 152 of 3 April 2006 (Environmental regulations) are assigned to municipalities, for areas entirely within their territory of competence, and to provinces and metropolitan cities, for sites located between several municipalities of the same province or metropolitan city, and that the administrative functions and tasks assigned to the region by Article 250 of the Environmental Code are also assigned to provinces and metropolitan cities.
1.1.1.– The State defense acknowledges that Article 22 of Decree-Law No. 104 of 10 August 2023 (Urgent provisions for the protection of users, in matters of economic and financial activities and strategic investments), converted, with amendments, into Law No. 136 of 9 October 2023, has recognized the right of the regions to confer, by law, on local authorities referred to in Article 114 of the Constitution, the administrative functions pursuant to Articles 194, paragraph 6, letter a), 208, 242 and 242-bis of the Environmental Code, "taking particular account of the principle of adequacy".
The appellant complains, however, that Article 75 of the Sardinia Region Law No. 9 of 2023, insofar as it assigns to sub-regional territorial bodies the administrative functions referred to in Articles 249 and 250 of the Environmental Code, which are not expressly included among those that can be delegated by the aforementioned state legislation, would conflict with Article 117, second paragraph, letter s), of the Constitution, in relation to Articles 249 and 250 of the Environmental Code and Article 22 of Decree-Law No. 104 of 2023, as converted.
The appeal argues that, since, as affirmed by this Court, the regions cannot, in contrast with the Environmental Code, assign their competences in the field of remediation of contaminated sites to sub-regional territorial bodies, given the unitary and primary nature of the protected asset (Judgment No. 189 of 2021 is cited), the challenged provision would invade the exclusive competence of the State legislator under Article 117, second paragraph, letter s), of the Constitution.
1.1.2.– Nor, in the opinion of the appellant, would the provision under scrutiny find its basis in Constitutional Law No. 3 of 26 February 1948 (Special Statute for Sardinia), which, in Article 3, first paragraph, letter d), attributes exclusively to the regional legislative power the matter of minor land reclamation, specifying that this competence must in any case be exercised in harmony with the Constitution and with the principles of the legal system of the Republic, as well as in compliance with international obligations, national interests and the fundamental rules of economic and social reforms, among which are the aforementioned provisions of the Environmental Code.
1.2.– With regard to Article 130 of the Sardinia Region Law No. 9 of 2023, paragraph 1, letter a), modifies Article 39, paragraph 15, of the Law of the Sardinia Region of 23 April 2015, No. 8 (Rules for the simplification and reorganization of provisions on urban planning and building matters and for the improvement of the building heritage), establishing that "[i]n Article 39 of Regional Law No. 8 of 2015 the following amendments are made: a) in paragraph 15 the period "The reconstruction of the entire volume is allowable only if the new building results in a lesser landscape impact according to the indications provided by the Regional Administration with specific guidelines adopted by the Regional Council with resolution no. 18 of 5 April 2016" is replaced by the following: "The reconstruction of the entire volume is allowable only if the new building results in a lesser landscape impact according to the indications provided by the Regional Administration with specific guidelines adopted by the Regional Council with resolution no. 18/15 of 5 April 2016 and, if the building falls within the cases of exclusion referred to in Article 10-bis, paragraph 2, of Regional Law No. 45 of 1989, and in areas protected under Articles 136, paragraph 1, letters c) and d), and 142 of the same legislative decree, even without maintaining the shape, elevations, site and plan-volumetric and typological characteristics of the pre-existing building".
1.2.1.– The State defense points out that, according to the challenged provision, the reconstruction of the entire volume is allowable if the new building results in a lesser landscape impact according to the indications provided with the specific guidelines adopted by the Regional Council and, if the building falls within the cases of exclusion (referred to in Article 10-bis, paragraph 2, of the Law of the Sardinia Region of 22 December 1989, No. 45, containing "Rules for the use and protection of the regional territory") and in areas protected pursuant to Articles 136, paragraph 1, letters c) and d), and 142 of Legislative Decree No. 42 of 22 January 2004 (Code of Cultural Heritage and Landscape, pursuant to Article 10 of Law No. 137 of 6 July 2002), even without maintaining the shape, elevations, site and plan-volumetric and typological characteristics of the pre-existing building.
1.2.2.– Having stated this, the appellant considers that the provision under examination conflicts with Articles 9, second paragraph, and 117, second paragraph, letter s), and third paragraph, of the Constitution, the latter in relation to the Decree of the Minister for Public Works, in agreement with the Minister for the Interior of 2 April 1968, No. 1444 (Mandatory limits of building density, height, distance between buildings and maximum ratios between spaces intended for residential and productive settlements and public spaces or spaces reserved for collective activities, public greenery or parking to be observed for the purposes of the formation of new urban planning instruments or the revision of existing ones, pursuant to Article 17 of Law No. 765 of 6 August 1967), to Article 41-quinquies, paragraphs eight and nine, of Law No. 1150 of 17 August 1942 (Urban Planning Law) and to Article 2-bis, paragraph 1, of the Decree of the President of the Republic of 6 June 2001, No. 380, containing "Consolidated text of the legislative and regulatory provisions on building matters. (Text A)".
Article 130 of the Sardinia Region Law No. 9 of 2023 would in fact affect the regime of demolition and reconstruction interventions of buildings located in the coastal strip of three hundred meters from the shoreline, which is protected "in a pregnant manner" pursuant to Article 142, paragraph 1, letter a), of Legislative Decree No. 42 of 2004, as well as under the current regional landscape plan.
The contested provision would therefore go beyond the limits of the regional legislative power sanctioned by Article 3, first paragraph, letter f), of the Sardinia Regional Statute in matters of construction and urban planning, unilaterally modifying, and in a detrimental way, the regulation of a landscape asset, such as the coastal strip, which is subject to rigorous protection due to the peculiarity of its natural and environmental characteristics.
Nor, in the opinion of the appellant, would the detriment to the values underlying the violated legislation be remedied by the clarification, contained in the modified provision, according to which the new building must result in a lesser landscape impact in accordance with the indications provided by the guidelines adopted by the Regional Council with resolution no. 18 of 5 April 2016.
Furthermore, the provision under criticism would not respect the limits set by Ministerial Decree no. 1444 of 1968, which are based on Article 41-quinquies, paragraphs eight and nine, of Law No. 1150 of 1942 and are binding also on the autonomous regions, as they integrate fundamental principles of the subject matter aimed at protecting the primary general interest in orderly urban development, save as provided for in Article 2-bis, paragraph 1, of the Presidential Decree No. 380 of 2001, whose conditions of operation, however, would not exist in this case.
1.2.3.– The same appellant recalls that a provision similar to the one under scrutiny, introduced by Article 14, paragraph 1, letter h), of the Law of the Sardinia Region of 18 January 2021, No. 1 (Provisions for the reuse, redevelopment and recovery of existing building heritage and in matters of land governance. Urgent extraordinary measures and amendments to regional laws no. 8 of 2015, no. 23 of 1985, no. 24 of 2016 and no. 16 of 2017), was declared constitutionally illegitimate, with the judgment of this Court No. 24 of 2022, in the part in which it had added to the same Article 39, paragraph 15, of the Sardinia Region Law No. 8 of 2015, again under examination, the clause "without the obligation to respect the location, shape and form of the building to be demolished".
The provision now challenged, by reproducing that clause, would conflict with the constitutional judgment, in violation of Article 136 of the Constitution.
2.– In the constitutional legitimacy proceedings, the Autonomous Region of Sardinia was constituted, concluding for the inadmissibility and, in any case, the unfoundedness of the question concerning Article 75 of the Sardinia Region Law No. 9 of 2023, as well as for the "unadmissibility" of the complaints made against Article 130 of the same law.
2.1.– In relation to the first of the challenged provisions, the respondent considers that it is in line with the principle of adequacy enunciated by Decree-Law No. 104 of 2023, as converted.
The cases referred to in Articles 249 and 250 of the Environmental Code would in fact be configured as specific hypotheses of the procedures described in general terms by Article 242 of the same code, presenting themselves as "elements of a unitary system of environmental remediation and, therefore, inseparable".
The Region argues that, since Article 249 of the Environmental Code introduces a simplified procedure for the contamination of small areas, which are normally included in the territory of a single municipality, it would not be in accordance with the principles of reasonableness, subsidiarity and adequacy to allow the transfer of functions to local authorities in cases of more serious pollution – which, as a rule, affect large portions of the territory –, and, instead, exclude it for events that generate a more limited environmental alarm.
Furthermore, the Autonomous Region of Sardinia observes that the aforementioned provision is limited to providing that, for small areas, the simplified procedures referred to in Annex 4 to Title V of Part IV of the Environmental Code apply, which, in turn, refers to the "Competent Authorities" responsible for the approval of the simplified remediation project, which can only be identified in the administrations holding the ordinary competence referred to in Article 242 of the Environmental Code, there being a relationship of genus to species between this provision and Article 249.
2.2.– A similar relationship would also exist between the regulation of remediation by way of substitution and ex officio referred to in Article 250 of the Environmental Code and the general regulation dictated by Article 242 of the Environmental Code.
The first of the aforementioned provisions would, in fact, constitute a "natural continuation and completion" of the provisions of Article 242 of the same code, as it would only extend to local authorities the competences over the same environmental contamination events provided for by the latter provision.
2.3.– The regional defense notes, therefore, that the competence of local authorities in the field of remediation in their respective territories was already provided for by the previous version of Article 59, paragraph 6, of the Sardinia Region Law No. 9 of 2006 and has not been challenged by the State.
That regional law – observes the respondent – also regulates the powers of guidance and coordination, technical-administrative support and the substitution power, as required by Article 22 of Decree-Law No. 104 of 2023, as converted.
Article 75 of the Sardinia Region Law No. 9 of 2023 would therefore have been limited to "reorganize and better explain what was already in force under the previous legislation and subject to practical application in administrative practice".
2.4.– The Autonomous Region of Sardinia also points out that the subject matter of small land reclamation falls within its exclusive legislative competence pursuant to Article 3, first paragraph, letter d), of the special statute, and that among the principles of the legal system or of economic-social reform to which the exercise of this competence must conform, there is no prohibition on the conferment by the regions to local authorities of the administrative functions relating to procedures and activities already included among those indicated by Article 242 of the Environmental Code.
2.5.– Finally, the respondent recalls that Article 4, first paragraph, letter c), of the special statute assigns to the Autonomous Region of Sardinia concurrent legislative competence in the field of large and medium-sized land reclamation works.
2.6.– With regard to the challenge to Article 130, paragraph 1, letter a), of the Sardinia Region Law No. 9 of 2023, the regional defense has raised the objection of "unadmissibility", on the assumption that this provision was repealed by Article 4, paragraph 1, letter e), of the Law of the Sardinia Region of 19 December 2023, No. 17, containing "Amendments to Regional Law No. 1 of 2023 (Stability Law 2023), budget variations, recognition of off-budget debts and past liabilities and various provisions", with effect from 20 December 2023, pursuant to the provisions of Article 27, paragraph 1, of the same regional law.
3.– The President of the Council of Ministers filed an illustrative memorandum on the eve of the public hearing.
3.1.– With regard to the challenge to Article 75, the appellant replied to the submissions of the respondent that Article 22 of Decree-Law No. 104 of 2023, as converted, precludes the regions from conferring on local authorities powers other than those expressly identified by the State legislator and, in particular, the administrative functions relating to environmental remediation interventions provided for in Articles 249 and 250 of the Environmental Code.
The State defense has, therefore, referred to the judgments of this Court No. 160 of 2023 and 189 of 2021, in which it was excluded that the regions may assign functions in the field of remediation in a manner that differs from that provided for by the Environmental Code, "given the "unitary" and "primary" nature of the protected asset".
The State Attorney General's Office has also contested the respondent's assumption that the challenged provision would be legitimized by Articles 3 and 4 of the special statute, reiterating that the exercise of the legislative power of the Autonomous Region of Sardinia in the field of remediation encounters, among other things, the limit of the fundamental rules of economic and social reform, among which are also included Articles 249 and 250 of the Environmental Code, indicated as interposed provisions.
3.2.– With reference to the challenge to Article 130 of the Sardinia Region Law No. 9 of 2023, the President of the Council of Ministers has contested the objection of "unadmissibility" made by the regional defense on the basis of the observation that this provision, like Articles 128, paragraph 3, and 131, has been repealed.
In this regard, the appellant pointed out that the Autonomous Region of Sardinia, with reference to the aforementioned Article 131, in note prot. no. 15671 of 22 March 2024 specified that, before the normative amendment, "the challenged provision was in force and effective and, consequently, it cannot be excluded in absolute terms that it may have found application (introducing, inter alia, a case of building intervention subject to the free building regime)".
The State defense, believing that these statements also concern Article 130 of the Sardinia Region Law No. 9 of 2023, has therefore confirmed that the interest in appealing still exists for this provision.
Considered in law
1.– With the appeal indicated in the headnote, the President of the Council of Ministers, represented and defended by the State Attorney General's Office, has challenged various provisions of the Sardinia Region Law No. 9 of 2023.
Reserving the decision of the other questions of constitutional legitimacy raised with the same appeal to separate pronouncements, in this seat those concerning Articles 75 and 130 are examined.
1.1.– The first of these provisions is challenged in the part in which, by replacing Article 59, paragraph 6, of the Sardinia Region Law No. 9 of 2006, on the one hand, it establishes that the regional administrative functions and tasks concerning the simplified procedure for environmental remediation of small sites referred to in Article 249 of the Environmental Code are assigned to the municipalities, for sites entirely within their territory of competence, and to the provinces and metropolitan cities for sites located between several municipalities of the same province or metropolitan city; and, on the other hand, confers on the provinces and metropolitan cities the power – which Article 250 of the Environmental Code reserves to the regions – to substitute the municipality that does not carry out, on a supplementary basis, the interventions referred to in Article 242 of the Environmental Code in the event that the person responsible for the contamination fails to comply or is not identifiable, and neither the owner of the site nor other interested parties take the necessary steps for remediation.
1.2.– The appellant observes that the functions and tasks indicated in Articles 249 and 250 of the Environmental Code are not included among those which, pursuant to Article 22 of Decree-Law No. 104 of 2023, as converted, can be conferred by the regions on local authorities pursuant to Article 114 of the Constitution.
The challenged regulation, by providing for its allocation to sub-regional territorial bodies, would therefore conflict with Article 117, second paragraph, letter s), of the Constitution, in relation to the aforementioned provisions of the Environmental Code, as well as to Article 22 of Decree-Law No. 104 of 2023, as converted.
This is because the assignment to the regions of administrative functions in the field of remediation, established by the Environmental Code, would imply an assessment of the adequacy of the chosen territorial level which falls within the exclusive competence of the State legislator in matters of environmental protection.
Furthermore, according to the State defense, Article 75 of Law No. 9 of 2023 would go beyond the limits of the primary legislative power recognized to the Autonomous Region of Sardinia by Article 3, first paragraph, letter d), of the special statute, according to which this competence is, in fact, limited to "small land reclamations" and must in any case be exercised "in harmony with the Constitution and the principles of the legal system of the Republic and in compliance with international obligations and national interests, as well as with the fundamental rules of the economic and social reforms of the Republic", among which are also included Articles 249 and 250 of the Environmental Code.
2.– As a preliminary matter, the objection of inadmissibility with which the Region contests that the provision under examination was preceded by another of identical tenor that was "never the subject of a constitutional challenge" must be rejected.
Although Article 75 of the Sardinia Region Law No. 9 of 2023 presents a content that is only marginally innovative, resulting in a reformulation of the replaced provision aimed at identifying more precisely the functions in the field of environmental remediation attributed to sub-regional territorial bodies, the failure of the State to challenge the previous provision is irrelevant.
As constantly affirmed by this Court, the institution of acquiescence does not operate, in fact, in the main proceedings, since the provision, even if preceded by another of almost identical content and not challenged, nevertheless reiterates the violation of the distribution of competences, from which derives the interest in appealing (judgments No. 195 and No. 124 of 2021).
3.– The examination on the merits of the questions raised with reference to Article 75 of the Sardinia Region Law No. 9 of 2023 requires a summary reconstruction of the normative and jurisprudential context in which the regulation under challenge is located.
3.1.– It should first of all be recalled that the remediation of contaminated sites falls within the subject matter of the protection of the environment and the ecosystem, for which the State has exclusive legislative competence pursuant to Article 117, second paragraph, letter s), of the Constitution (ex aliis, judgments No. 50 of 2023, No. 251 of 2021 and No. 126 of 2018).
3.2.– This Court has had occasion to affirm that, in the matters attributed by Article 117, second paragraph, of the Constitution to the exclusive legislative competence of the State, only the State legislator is entitled to "define the organization of the corresponding administrative functions also through the allocation of competences to bodies other than the Municipalities - to which they must be considered generally attributed according to the criterion expressed by Article 118, first paragraph, of the Constitution - whenever the need for unitary exercise of the function transcends that territorial scope of government" (judgment No. 189 of 2021; in the same sense, among others, judgment No. 160 of 2023). Therefore, where, "on the basis of an evaluation guided by the principles of subsidiarity, differentiation and adequacy" (again judgment No. 189 of 2021), the State has conferred these functions to the region, they cannot be reallocated by the latter to another sub-regional territorial body, since such an initiative would entail an amendment, by means of a regional legislative act, of the structure of competences irrevocably established by national law.
With particular reference to the matter of environmental protection, this Court has also pointed out that "the exclusive State legislative power under Article 117, second paragraph, letter s), of the Constitution expresses unavoidable needs for the protection of an asset, such as the environment, which is unitary and of primary value (judgment No. 189 of 2021 and, therein cited, judgments No. 246 of 2017 and No. 641 of 1987), which would be nullified if the region were attributed "the power to indiscriminately entrust its care to a territorial body of smaller dimensions, in derogation of the assessment of adequacy made by the State legislator with the identification of the regional level" (judgment No. 160 of 2023).
3.3.– Having stated this, recently the State legislator, albeit limited to some sectors of the regulation of the Environmental Code – and, specifically, in matters of cross-border shipments of waste, authorization of waste disposal and recovery plants and the remediation of contaminated sites –, has recognized the right of the regions to confer, by law, their administrative functions on local authorities referred to in Article 114 of the Constitution.
In particular, Article 22 of Decree-Law No. 104 of 2023, as converted, has established that "[t]he Regions may confer, by law, the administrative functions referred to in Articles 194, paragraph 6, letter a), 208, 242 and 242-bis of Legislative Decree No. 152 of 3 April 2006, on local authorities referred to in Article 114 of the Constitution, taking particular account of the principle of adequacy. The same law regulates the powers of guidance, coordination and control over the functions by the Region, the technical-administrative support to the bodies to which the functions are transferred and the exercise of the substitute powers by the Region in case of verified inertia in the exercise of the same. The regional provisions in force on the date of entry into force of this provision, which have transferred the aforementioned administrative functions, are unaffected".
3.4.– Article 75 of the Sardinia Region Law No. 9 of 2023, which is under scrutiny here, is inserted in the described normative and jurisprudential context, which replaced Article 59, paragraph 6, of the Sardinia Region Law No. 9 of 2006, in the following terms: "[p]aragraph 6 of Article 59 of Regional Law No. 9 of 12 June 2006 (Assignment of functions and tasks to local authorities), and subsequent amendments and additions, is replaced by the following:
"6. The administrative functions and tasks in the field of environmental remediation indicated in Articles 242 and 249 of Legislative Decree No. 152 of 3 April 2006 (Environmental regulations), and subsequent amendments and additions, are assigned to the municipalities, for the sites falling entirely within their territory of competence, and to the provinces and metropolitan cities the same administrative functions and tasks for the sites falling between several municipalities of the same province or metropolitan city, that is: a) the convocation of the service conference, the approval of the characterization plan and the authorization to execute it, referred to in Article 242, paragraphs 3 and 13, of Legislative Decree No. 152 of 3 April 2006 (Environmental regulations); b) the convocation of the service conference and the approval of the risk analysis document, referred to in Article 242, paragraph 4, of Legislative Decree No. 152 of 2006; c) the approval of the monitoring plan, referred to in Article 242, paragraph 6, of Legislative Decree No. 152 of 2006; d) the convocation of the service conference, the approval of the operating project of the remediation or safety measures and of any further measures for repair and environmental restoration and the authorization to execute it, referred to in Article 242, paragraphs 7 and 13, of Legislative Decree No. 152 of 2006; e) the approval of the remediation project for contaminated areas of small size, referred to in Article 249 and Annex 4 of Legislative Decree No. 152 of 2006. The financial guarantee, referred to in Article 242, paragraph 7, of Legislative Decree No. 152 of 2006, is provided in favour of the municipality, province or metropolitan city in charge of the procedure for the correct execution and completion of the authorized interventions. The municipality, province or metropolitan city also takes care of the verification and acceptance of the financial guarantee.
The administrative functions and tasks assigned to the Region by Article 250 of Legislative Decree No. 152 of 2006 are also assigned to the provinces and metropolitan cities."".
In the previous version, Article 59, paragraph 6, of the Sardinia Region Law No. 9 of 2006 provided as follows: "[t]he administrative functions and tasks indicated in Article 198 of Legislative Decree No. 152 of 2006 and subsequent amendments and additions, as well as the approval of remediation projects falling within the territory of competence, after hearing the conference of services convened pursuant to Law No. 241 of 7 August 1990, and subsequent amendments and additions, are assigned to the municipalities. The provincial administrations are responsible for all the procedures for the approval of characterization and remediation activities in areas falling between several municipalities of the same province, as well as the substitute remediation interventions of contaminated sites referred to in Article 250. In order to advance the sums for the aforementioned interventions, the provinces may establish a special revolving fund and recover the damage from the person responsible for the pollution".
3.4.1.– In the explanatory report of the regional bill, it is emphasized that Article 59, paragraph 6, of the Sardinia Region Law No. 9 of 2006, in its original version, intended "to assign to the municipalities and provinces the entire corpus of competences concerning the remediation of polluted sites provided for by Article 242 of Legislative Decree 152/2006 without the necessary degree of detail and the necessary express reference to Article 242 of Legislative Decree 152/2006 and to Article 249, as regards contaminated areas of reduced size".
It is therefore emphasized that there is a need for an intervention on the legislation "aimed at defining with greater clarity and completeness the administrative functions and tasks relating to the operational and administrative procedures concerning the remediation interventions indicated by Article 242 of Legislative Decree 152/2006".
Finally, the report notes that the proposal "will not have significant effects on the institutional subjects as it constitutes a merely clarifying rule with respect to functions and tasks already in charge of the same institutional subjects in the context of remediation procedures", highlighting that "the only new task expressly assigned to the aforementioned subjects concerns the acceptance of sureties related to remediation projects, as per Part Four, Title V of Legislative Decree 152/2006 in analogy, moreover, to what already happens in the matter of authorization of waste management plants".
4.– Having stated this, the question of constitutional legitimacy of Article 75 of the Sardinia Region Law No. 9 of 2023, raised with reference to Article 117, second paragraph, letter s), of the Constitution, in relation to Article 249 of the Environmental Code