The simplification, aimed at expediting the procedural time limits, is one of the primary objectives of Legislative Decree No. 190/2024. In the context of the “simplified enabling procedure” (PAS), this objective has been pursued through the mechanism of silence-assent, which primarily serves to solicit potential expressions of reasoned dissent during the conference of services within a designated timeframe. However, the legal framework governing the PAS reveals certain discordant elements. Notably, this framework includes specific derogating provisions that diverge from those established by Law No. 241/1990 concerning the conferences of services. These provisions hinder dialogue between the applicant legal entity and the dissenting public administrations, which are tasked with safeguarding public ‘sensitive’ interests, thereby obstructing the equilibrium between the extensive deployment of renewable energy sources and the protection of these public ‘sensitive’ interests.

The importance of energy storage systems is connected to the fact that they contribute to the goal of ensuring the security of power supply and facilitate the integration of renewable energy sources into the power grid. The “Integrated National Energy and Climate Plan” (of December 2019 and its update 2023) highlights that the development of an adequate energy storage capacity is particularly relevant in the perspective of significant growth in production from unprogrammable renewable sources. The applicable legislation concerning the electrochemical energy storage plants refers to the law regarding the procedures for the construction and management of renewable energy power plants. However, to prevent the repetition of time-consuming and costly authorisation procedures some administrative simplifications might be introduced.

This article analyses the new text of the Public Contracts Code with reference to the principles of sustainable development and environmental protection, neither of which are expressly mentioned among the new provisions. This examination provides an opportunity to reconstruct, according to Eu and national law, the role of the contracting authorities in pursuing environmental sustainability through public procurement. The approach followed in the new Code seems to be in line with the previous mandatory-rigid approach. Nevertheless, according to the principle of trust, corrective “functional” measures can be adopted to ensure that the processes of public procurement minimize damage to the environment and foster innovation.