Leonardo Scuto

PhD student in Public, international and EU Law (curriculum Administrative Law)

With regard to environmental damage, the “polluter pays” EU law principle does not imply any obligation on the part of the owner who is not responsible for the polluting event to adopt emergency safety measures; the criteria for attributing liability cannot disregard the need to ascertain a causal link between the activity carried out by the subject and the polluting event.

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This article aims to investigate the distinctive features of the phenomenon of urban regeneration as an expression of the principle of sustainable development, in light of the digital administration model, i.e., a new structure designed to promote the digitalisation of decision-making procedures and a transformation of administrative functions, using Information and Communication Technologies (ICT).These elements should be the principles upon which the new urban development model is to be based. The influence of ICT on environmental assessments is crucial to fully understand both the potential and challenges faced by the Italian legislator when addressing urban regeneration. The purpose of this paper is, therefore, to propose a method to achieve the best possible interaction between traditional and innovative forms of urban regeneration, trying to identify, specifically, how local authorities can take advantage of new technologies both in a procedural and environmental perspective. It is emphasized how innovative technological solutions today find their highest expression in the development of a new urban model – the renewable energy community – which is one of the means identified to pursue the goals set out by the SDG No. 11 drafted by the United Nations.

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With the decision n. 248/2022 of the 12th of February 2022, the Administrative Court of Puglia has ruled on aspects of the impact of a new generation of agrivoltaic plant, concluding them to be less impacting than a traditional photovoltaic plant. The Judge of first instance recognized the inadequacy of the Regional Territorial Landscape Plan of the Region of Puglia with reference to these new plant configurations, concluding agrivoltaic plants as being compatible with the agricultural and pastoral uses activities in the region.

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