This paper is based on the analysis of the sustainable development principle as an instrument to balance environmental protection with the market imperatives. In this context, the energy performance contract (EPC) represents the example of a new regulatory private law, which leads the market regulation not only to ensure competition but also to meet social needs, as the environmental ones. This model fits within the idea of a highly competitive social market economy, according to article 3.3 of TEU. Moreover, it complies with the institutional relationships between legislative and judicial power in the field of contract law. As a result, the legislative action could design a legal framework in which the contract could achieve public interest goals, as the promotion of energy efficiency, without stretching its function.
Contratto e principio dello sviluppo sostenibile. Il caso degli Energy Performance Contracts
Viola Cappelli
2019-01-01
Abstract
This paper is based on the analysis of the sustainable development principle as an instrument to balance environmental protection with the market imperatives. In this context, the energy performance contract (EPC) represents the example of a new regulatory private law, which leads the market regulation not only to ensure competition but also to meet social needs, as the environmental ones. This model fits within the idea of a highly competitive social market economy, according to article 3.3 of TEU. Moreover, it complies with the institutional relationships between legislative and judicial power in the field of contract law. As a result, the legislative action could design a legal framework in which the contract could achieve public interest goals, as the promotion of energy efficiency, without stretching its function.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
