Large-scale diversions for hydroelectric purposes:

the use of a strategic resource amidst issues of legislative competence and EU protection of the right of establishment and competition

Abstract

The text examines the legal framework governing large water diversions for hydroelectric purposes in Italy. The authors describe the sector’s evolution from the historical importance of hydropower, through nationalization under ENEL, to the liberalization of the energy market and the legal issues surrounding concession renewals. The study emphasizes the tension between state and regional powers, as well as the need to comply with EU principles of freedom of establishment, transparency, non-discrimination, and competition. It concludes by suggesting that a uniform national regulation may be necessary because of the strategic role of hydroelectric energy.