Autore
Mendillo, Mario

Titolo
Le comunità di energia rinnovabile e il necessario ripensamento dei rapporti tra Stato, Regioni ed enti locali: la l.r. 5/2022 dell’Emilia-Romagna
Periodico
Le regioni
Anno: 2024 - Fascicolo: 3/4 - Pagina iniziale: 469 - Pagina finale: 486

The European goal of abandoning fossil fuels and achieving the energy and ecological transition presupposes, among other strategies, also the decentralization of energy production. Energy communities, as distinct and autonomous legal entities with respect to the public and private entities that make them up, were first regulated on an experimental basis by decree-law n. 162 of 2019 and then by legislative decree 199/2021, laying down rules implementing the EU Directive 2018/2021. The model drawn up by the legislator, in addition to enhancing the principle of subsidiarity, responds to the forms of public-private partnership on a local basis – where subjects of different natures work together to pursue an interest that is common to both and of a general nature – and also ties in with the principles of economic and social solidarity set out in article 2 of the Constitution, as well as with the most recent amendments made by constitutional law 1/2022. The Emilia-Romagna Region – in the wake of European directives and the national regulatory framework – has adopted regional law 5/2022, containing measures for the promotion and support of energy communities and self-consumers of renewable energy acting collectively. In this paper, in addition to making general considerations on this new legal entity and its prospects and criticalities, we intend to investigate the role of the Regions and local authorities in the development and promotion policies of energy communities, looking at the legislation of the Emilia-Romagna Region, also in comparison with the initiatives adopted to date by other Italian Regions.



SICI: 0391-7576(2024)3/4<469:LCDERE>2.0.ZU;2-D
Testo completo: https://www.rivisteweb.it/download/article/10.1443/115730
Testo completo alternativo: https://www.rivisteweb.it/doi/10.1443/115730

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