AGRIVOLTAICS: A SUSTAINABLE REVOLUTION BETWEEN ENVIRONMENTAL PROTECTION AND ECONOMIC DEVELOPMENT

Résumé

Agrivoltaics represents an innovative approach that integrates agricultural production and renewable energy, aligning with the objectives set by the PNRR and the European Green Deal. This model strikes a balance between environmental protection (Article 9 of the Italian Constitution) and economic freedom (Article 41 of the Italian Constitution) through elevated installations that safeguard agricultural activities, reduce water evaporation, and protect crops from adverse weather conditions. The 2022 MiTE Guidelines clarified the benefits of this configuration, while the Italian regulatory framework—exemplified by Legislative Decree No. 199/2021 and measures under the PNRR—has strengthened the role of agrivoltaic systems in the energy transition. Administrative case law, particularly that of the Council of State (Section IV, Judgments Nos. 8235 and 8258 of 2023), highlighted the difference between agrivoltaic and traditional photovoltaic systems, recognizing the former’s ability to preserve the soil and ensure the continuity of agricultural practices. Beyond economic and environmental aspects, agrivoltaics also has a social impact, creating development opportunities for rural communities and contributing to the sustainability of inland areas. In this context, agrivoltaics establishes itself as both a legal and technological paradigm, capable of promoting resilience in the primary sector and meeting future climate and energy challenges.