The principle of sustainable development serves as the foundation for self-consumption arrangements that might yield social, economic, and environmental benefits. Sustainable development is not a definitive condition of harmony but a process of change that brings future needs into dialogue with current ones. Energy communities are part of this ambitious path. Models of energy cooperation, Citizen Energy Communities and Renewable Energy Communities involve the synergistic collaboration of citizens, private companies and Public Administrations in sharing energy in an exchange between peers. The audit techniques make it also possible to verify the sustainability of each Community and its consistency with the energy transition goals.
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This paper focuses on the topic of environmental remediation in the case of bankruptcy or judicial liquidation of an entrepreneur, in light of the most recent legislation and case law. After going over the jurisprudential debate that has developed on the issue, the Italian Council of State, with its judgment (Plenary) no. 3/2021, stated that the presence of waste on an industrial site and the position of the keeper of the site (a position which the bankruptcy trustee would acquire at the time of the declaration of bankruptcy or following judicial liquidation), would root the “legitimatio ad causam” of the trustee. In light of Constitutional Law Feb. 11, 2022, No. 1, constitutional dignity was granted to the environment, further developing the law in this area, especially in the context of the provisions laid down in the Bankruptcy Law.
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