Transizione ecologica e certezza del diritto: regolamentare la filiera idrogeno

Ecological transition and legal certainty: regulating the hydrogen chain

Abstract

On one side, legal certainty is a common feature of the Member States’ constitutional traditions and one of the European Union’s general principles. On the other side, technological development is one of the objects of legal research. The paper moves from the consideration that the environmental and energy transition and related new technologies imply a change that clashes with the long-standing ambition to pursue certainty in a legal system. The paper, therefore, intends to analyse the role of the principle of legal certainty in the context of the green transition phenomenon. The hydrogen supply chain is adopted as a case study, given that one of the main obstacles to the development of a hydrogen economy is the absence of a clear and coherent legal framework. Specifically, attention is drawn to some critical issues related to the hydrogen production phase: the difference between renewable and non-renewable hydrogen; authorizations for the installation of electrolysers; environmental administrative procedures. Lastly, some reflections are provided on the dialogue between environmental protection principles and the principle of legal certainty with the aim to better deal with the technology unknown.