Order read at the public hearing of March 24, 2026 (appended to Judgment no. 88 of 2026)

ORDER

Having noted that, in the proceedings initiated by the Autonomous Region of Sardinia against the President of the Council of Ministers, registered under number 3 of the 2025 register of conflicts of attribution between entities, EF Agri società agricola a r.l. filed an appearance on May 20, 2025, claiming to hold a direct and qualified interest, which would entitle it to intervene *ad opponendum*, and consequently asserting that the admissibility of such intervention would ensure the exercise of its right of defense;

that the intervenor is the addressee of the decrees—the annulment of which is sought by the applicant in the present petition—adopted by the Ministry of Environment and Energy Security (MASE) - Directorate General for Environmental Assessments on February 14, 2025 (no. 68), March 13, 2025 (no. 125), and March 13, 2025 (no. 128), by which, at the request of the intervenor itself, a positive opinion was issued regarding the environmental compatibility of projects for the construction of agrivoltaic plants in the Sardinian territory;

Considering that, in proceedings regarding conflicts of attribution between entities, as a general rule, the intervention of subjects other than those authorized to initiate or resist the conflict is not permitted (Judgment no. 15 of 2024, as well as the related appended order);

that, according to the jurisprudence of this Court, the possibility cannot be excluded that the subject matter of the conflict may involve, in an immediate and direct manner, the subjective situations of third parties, whose prejudice or protection depends on the outcome of the conflict (most recently, again Judgment no. 15 of 2024);

that, in the case at hand, EF Agri società agricola a r.l. holds the status of an interested party in the environmental impact assessment measures that are the subject of these proceedings;

that the conflict concerns whether the power to disapply Regional Law no. 20 of December 5, 2024, of the Sardinia Region, entitled "Urgent measures for the identification of suitable and unsuitable areas and surfaces for the installation and promotion of renewable energy source (RES) plants and for the simplification of authorization procedures,” pertains to the State and, on its behalf, to the MASE, as alleged;

that the proceedings for conflict of attribution between entities, taking into account the content of the Region's petition, could conclude with rulings capable of affecting the authorization measures upon which the subjective legal position of the intervening company is based;

that, therefore, the intervention of EF Agri società agricola a r.l. must be declared admissible, so as to allow it to assert its arguments in the proceedings before this Court.

FOR THESE REASONS

THE CONSTITUTIONAL COURT

declares admissible the intervention of EF Agri società agricola a r.l. in the proceedings initiated by the Autonomous Region of Sardinia against the President of the Council of Ministers.

Signed: Giovanni Amoroso, President