Emergenza energetica, principio di solidarietà e comunità energetiche rinnovabili: dalla disciplina euro-unitaria agli ordinamenti italiano e spagnolo

Energy Emergency, the Principle of Solidarity, and Renewable Energy Communities: From EU Law to the Italian and Spanish Legal Systems

Abstract

This paper examines the constitutional relevance of the energy crisis in the European Union, focusing on energy poverty and the emergence of renewable energy communities in Italy and Spain. It argues that access to energy is essential for human dignity and should be recognized as a fundamental right in the context of contemporary digital societies. The principle of solidarity is identified as a key constitutional tool to address energy inequalities, requiring action by both public and private actors. The study explores how recent crises, such as the COVID-19 pandemic and the Russia-Ukraine conflict, have reshaped energy governance, leading the European Union to reinforce energy solidarity as a guiding principle. A landmark judgment by the Court of Justice of the EU is analyzed to illustrate this shift. The final section compares the implementation of renewable energy communities in Italy and Spain, emphasizing their role in promoting democratic participation, local empowerment, and a more just and sustainable energy transition.

Keywords: Energy poverty; Constitutional solidarity; Renewable energy communities; Energy transition