Renewable energy communities (RECs) were introduced by directive no. 2001/2018 of the EU, implemented in Italy by means of legislative decree no. 199/2021. After a brief illustration of their functioning, the paper focuses on the most significant aspects for business law: (i) object, (ii) purpose, (iii) requirements for membership and control, (iv) members' rights. It argues that the ideal model for RECs (a mere label and not a new type of entity) are cooperatives and, secondarily, associations; on the contrary, the use of corporations seems not allowed. To the aim of verifying whether or not such regulatory analysis is consistent with practice, the paper examines the by-laws of the first RECs established in Italy (including a brief analysis of their "ancestors", i.e. the historical electric cooperatives). Finally, answering to the underlying broader question, the paper concludes that RECs represent a potential “laboratory” for business law, in order to address the challenges related to sustainability. For example, in terms of multiple purposes to be balanced (economic, environmental, social) and multi-stakeholders corporate governance
Le comunità energetiche rinnovabili (CER): delle "officine" per il diritto commerciale?
riccardo rao
2024-01-01
Abstract
Renewable energy communities (RECs) were introduced by directive no. 2001/2018 of the EU, implemented in Italy by means of legislative decree no. 199/2021. After a brief illustration of their functioning, the paper focuses on the most significant aspects for business law: (i) object, (ii) purpose, (iii) requirements for membership and control, (iv) members' rights. It argues that the ideal model for RECs (a mere label and not a new type of entity) are cooperatives and, secondarily, associations; on the contrary, the use of corporations seems not allowed. To the aim of verifying whether or not such regulatory analysis is consistent with practice, the paper examines the by-laws of the first RECs established in Italy (including a brief analysis of their "ancestors", i.e. the historical electric cooperatives). Finally, answering to the underlying broader question, the paper concludes that RECs represent a potential “laboratory” for business law, in order to address the challenges related to sustainability. For example, in terms of multiple purposes to be balanced (economic, environmental, social) and multi-stakeholders corporate governanceI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
