COMUNITÀ ENERGETICHE E MODELLI GIURIDICI: L’IMPORTANZA DI UNA LETTURA EURO-UNITARIA

The essay adopts a Euro-unitary vision of the energy communities analysing the most recent European and Italian case-law in the field of energy communities. Energy communities, as an expression of the principle of subsidiarity, enhance the active participation of citizens in the process of ecological transition and thus guide the energy market in a sustainable way. By virtue of the entrepreneurial nature of their activities and the non-profit objectives that they pursue, it is necessary to overcome the dichotomy between profit and non-profit to identify negotiation models that are suitable for the pursuit of social and environmental benefits. In this regard, a specific analysis is dedicated to the use of new models such as the participatory foundation and to the identification of appropriate legal solutions when an energy community is constituted by the initiative of public entities.