With the aim of intensifying the hydrocarbons extraction in national sea to help overcome the energy crisis, the provision contained in Article 16 of Decree Law no. 17/2022 represents a privileged observation point to understand what terms and assumptions are characterising the return of the State to the economy during the emergency. Among the different options offered by the Constitution, particularly in Articles 41 and 43, the State seemed to suffer from structural limitations that prevented its complete freedom of choice. The provision, which can also produce effects beyond the crisis, implies benefits to energy companies at the expense of other constitutional interests: a condition that, at this juncture, appears paradoxically (and problematically) inevitable, in line with the reduced public capacity to impact on productive and social dealings.
Lo Stato, interventista ma non troppo, di fronte all’emergenza energetica e alle opportunità offerte dagli artt. 41 e 43 Cost.: il caso degli idrocarburi
G. Cataldo
2022-01-01
Abstract
With the aim of intensifying the hydrocarbons extraction in national sea to help overcome the energy crisis, the provision contained in Article 16 of Decree Law no. 17/2022 represents a privileged observation point to understand what terms and assumptions are characterising the return of the State to the economy during the emergency. Among the different options offered by the Constitution, particularly in Articles 41 and 43, the State seemed to suffer from structural limitations that prevented its complete freedom of choice. The provision, which can also produce effects beyond the crisis, implies benefits to energy companies at the expense of other constitutional interests: a condition that, at this juncture, appears paradoxically (and problematically) inevitable, in line with the reduced public capacity to impact on productive and social dealings.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
