Challenges in the local public initiative of the energy communities

Abstract

The Energy Communities are a very new figure that allows public-private collaboration in energy projects and opens up the possibility of the participation of new actors in the electricity sector. Although Directives (EU) 2018/2001 and 2019/944 identify local authorities, including municipalities, as full partners in the Renewable Energy Communities and the Citizen Energy Communities, this participation generates doubts when it comes to finding a fit in our legal system without an ad hoc regulatory update. The main challenges faced by local administrations in promoting and developing energy communities are the legal empowerment of local administrations to promote energy projects and participate in economic activities, the transfer of municipally owned roofs, land, or facilities to a private third legal entity, and the appropriate legal vehicles that combine citizen and public administration participation. All these challenges cannot become disincentives to explore the new opportunities that energy communities can generate for citizens. Although until there is an ad hoc regulatory framework, local public administrations will have to find ways to develop, together with citizens and other private actors, the impulse and application of CERs, undoubtedly implying a certain regulatory flexibility in their application.