IDEAS home Printed from https://ideas.repec.org/a/bpj/lawdev/v19y2026i2p473-512n1001.html

Balancing Renewable Energy Deployment and Environmental Safeguards: A Legal Perspective from the EU and Italian Contexts

Author

Listed:
  • Coinu Giovanni

    (Department of Law, University of Cagliari, Cagliari, Italy)

Abstract

This essay addresses the political and legal question of how to implement European renewable energy policies in a constitutionally oriented manner without compromising the protection of the environment, the landscape, and fundamental rights in the name of the urgency of the “energy efficiency first” principle. It argues that the transition to renewable energy, despite a clear strategic choice by the European Union’s legislative policy in this direction, still requires “responsible acceleration.” The essay: in the Introduction, defines the subject and research question; in the first two paragraphs, proposes a reconstruction of the European regulatory framework in light of the principle of environmental and climate integration and the “energy efficiency first” principle; then proposes a comparison with the US experience in terms of competition between climate objectives and procedural guarantees highlighting the profoundly different approaches taken on the two continents; the analysis of the so-called proceduralization of energy and climate law will follow with reference to the problematic issue of landscape protection through an in-depth study of Italian implementation and the case of Sardinia, as an institutional and socio-economic stress test. Based on the argumentative path, the conclusion offers some summary reflections on a responsible acceleration of the climate-energy transition.

Suggested Citation

  • Coinu Giovanni, 2026. "Balancing Renewable Energy Deployment and Environmental Safeguards: A Legal Perspective from the EU and Italian Contexts," The Law and Development Review, De Gruyter, vol. 19(2), pages 473-512.
  • Handle: RePEc:bpj:lawdev:v:19:y:2026:i:2:p:473-512:n:1001
    DOI: 10.1515/ldr-2025-0088
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/ldr-2025-0088
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    File URL: https://libkey.io/10.1515/ldr-2025-0088?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:lawdev:v:19:y:2026:i:2:p:473-512:n:1001. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyterbrill.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.