Public law and climate emergency. Adequacy of proposals and opportunities for change, with particular reference to state aids in the perspective of the Green Deal

At a time when, more than ever, a decisive action to fight climate change is urgent, public law plays a fundamental role.

Indeed, the awareness of the existence of a climate emergency and of the need for joint action to overcome it is now shared by almost the entire international community and has found expression in important international agreements that have followed one another with increasing frequency over the past fifty years. In this direction, the European Green Deal proposes revisions to the current regulatory framework on environmental and energy protection.

The paper aims to analyse, within this framework, the proposal to extend the derogation regime to the prohibition of state aid, in order to highlight the importance of a pro-competitive approach to sustainability and the need for the European Union to adopt measures of more intense regulation of the market, even though these involve undoubtedly difficult political choices.