LE PROCEDURE DI RIASSEGNAZIONE DELLE CONCESSIONI DI GRANDE DERIVAZIONE D¿ACQUA AD USO IDROELETTRICO FRA TUTELA DELL¿AMBIENTE, PROMOZIONE DELLA CONCORRENZA ED ESIGENZE DI SICUREZZA ENERGETICA.

This paper aims to investigate the legal issues underlying the large hydroelectric derivation concession, specifically focusing on the procedures for their reallocation. The ultimate goal is to identify de jure condendo perspectives that could propose alternative methods for the reallocation of these concessions, aside from public tender procedures, which would allow for a balance between the various interests surrounding hydroelectric energy production. This includes enhancing the centrality of this energy form within the national energy policy framework and, more broadly, its role in achieving environmental, economic, and social sustainability objectives. Following a reconstruction of the concept of water resources and the features of water concessions, particularly those related to large hydroelectric derivation concessions, this paper seeks to outline the legal evolution concerning the assignment and reallocation of hydroelectric concessions, highlighting the acceptability of their renewals or extensions. The paper continues by analyzing the current national and regional legal framework regarding the reallocation of large hydroelectric derivation concessions, while situating it within the context of relevant European and constitutional principles, particularly concerning competition protection, environmental safeguarding, and energy production. Finally, after gathering all necessary elements for a thorough understanding of the specificities of the relevant legal framework, the paper delves into the issues surrounding the reallocation of large hydroelectric concessions. The aim is to identify the critical challenges inherent in reallocating hydroelectric concessions through public tender procedures and, consequently, to propose alternative reallocation methods that, while respecting national and european principles, can balance the different interests involved in hydroelectric concessions and, more generally, in hydroelectric energy production. This is particularly important in light of the central role of this energy form in achieving national energy policy objectives, given its nature as renewable, programmable, and local energy.