Antonio Persico

Research Fellow in Science with and for Society, Luiss Guido Carli University. PhD in Administrative Law, University of Roma Tre

This paper focuses on the scope of the presumption of overriding public interest referred to renewable energy power plants and infrastructures, recently implemented in art. 3 of Legislative Decree n.190/2024, in light of the first administrative and jurisprudential cases. This paper specifically seeks to find out if and how the mentioned presumption can be applied directly in administrative permit-granting procedures, without needing additional actions from lawmakers or planners, to determine if this presumption has led to the establishment of a tyrant interest or if it can logically fit within the framework of EU and national law.

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