ISSN 3103-7305 • International English Edition
Environmental & Energy Law
Diamond Open Access
Vol. 1, Issue 3 (2026) • Art. 6612 • pp. 1–7
Administrative Inaction in Environmental Impact Assessment for Renewable Energy
Abstract
This article examines the judgment of the Council of State (No. 1615/2026) regarding the unlawful administrative inaction in an Environmental Impact Assessment (EIA) procedure for an agrivoltaic power plant. The Court reaffirms that procedural deadlines under Article 25, paragraph 7 of Legislative Decree No. 152/2006 remain mandatory and cannot be impliedly repealed by priority screening criteria under the national energy plan (PNIEC). The judicial order to decide is tailored to the statutory quota of at least two-fifths reserved for non-priority projects, while the inertia of the Ministry of Culture is governed by the horizontal silence-as-assent mechanism established by Article 17-bis of Law No. 241/1990.
Key Legal Takeaways
- Functional mandatory character of procedural deadlines: Article 25(7) of Legislative Decree no. 152/2006 classifies all EIA time limits as mandatory; although their expiry does not entail the statutory forfeiture ( decadenza ) of administrative power, it establishes unlawful administrative inaction ( silenzio-inadempimento ) actionable under Article 31 of the Code of Administrative Judicial Procedure.
- Prohibition against implied repeal: Pursuant to Article 3-bis(3) of the Italian Environmental Code, the PNIEC and NRRP priority criteria introduced by Law Decree no. 153/2024 can neither suspend nor tacitly repeal the binding obligation to conclude proceedings within statutory deadlines for smaller-scale projects.
- Minimum two-fifths quota: The statutory cap reserving no more than three-fifths of scheduling slots to priority projects guarantees that at least two-fifths of administrative reviews must be allocated to non-priority applications, thereby shaping the scope of the administrative court's remedial order.
- Horizontal silence-as-assent in inter-ministerial co-decision: Inaction on the part of the Ministry of Culture does not bar the issuance of the single environmental measure, as the statutory presumption of assent under Article 17-bis of Law no. 241/1990 applies in coordination with the autonomous decision-making duty of the Ministry of the Environment under Article 25(1) of the Environmental Code.
Suggested Scholarly Citation & Original Reference
International / OSCOLA Citation: Paola De Virgiliis, ‘Administrative Inaction in Environmental Impact Assessment for Renewable Energy’ (2026) 1(3) Metodo Giuridico (ISSN 3103-7305) Art 6612, 1–7 <https://www.metodogiuridico.it/2026/11/10/procedimento-via-impianti-rinnovabili-silenzio-inadempimento-consiglio-stato-1615-2026/en/>
Original Italian Title: Il silenzio nel procedimento di VIA per rinnovabili — License: Creative Commons CC BY-NC-ND 4.0.
