Community Cooperative: A New Legal Form for Enhancing Social Capital for the Development of Renewable Energy Communities in Italy

Abstract

This paper investigates the suitability of the community cooperatives (CC) model for the implementation of renewable energy communities (REC), as prescribed by art. 22 of EU Directive 2018/2001, and temporarily transposed into the Italian law by art. 42-bis of the Law Decree n. 162/2019. The hypothesis explored analyses the potential synergies between RECs and CC, based on their similarities. In particular, the article takes into consideration: the actors involved in both the RECs and the CCs; the geographical scope in which they develop, and the purposes that these two legal forms intended to achieve. Through a literature review and the analysis of EU, national and regional legislations, the paper aims at (1) clarifying the main features of RECs and the CCs in Italy; (2) exploring the main differences between CCs and the other legal forms of cooperative (e.g., mutual cooperative, cooperative benefit, etc.) and assessing the extent to which CCs are more suitable to implement renewable energy communities. As a result of the literature and regulatory review, several similarities between CCs and RECs can be detected, particularly, in reference to the strategic valorization of the cooperation between citizens and the local public entities. These similarities allow the authors to provisionally conclude that, in Italy, CCs may be adopted as a tool to implement RECs.