Le novità del D.l. “Semplificazioni” 2020 in materia energetica nel segno della continuità dell’accentramento delle competenze (e dei suoi nodi irrisolti)

Articles 60-bis and 62-ter of Law Decree no. 76/2020 (so-called “Simplifications”), respectively concerning geological storage of carbon dioxide and royalties for hydrocarbon production activities, are part of the more comprehensive legislative framework on energy. The energy sector is characterised by a persistent centralisation of competences and powers in the hands of the State, which has its roots in the “atypical” call for subsidiarity dating back to 2004. The two provisions, although extremely sectorial, confirm the unresolved issues in the sector, in which there is the difficulty of enhancing the value of the Regions and of the other territorial authorities and, in direct connection, of a whole series of constitutionally relevant interests (mostly of strictly local sensitivity), often placed in the background with regard to the needs linked to productivity, which are instead protected at the State level.