La intervención de las Comunidades Autónomas y de las Regiones Italianas en la Transposición de las Directivas Europeas. El caso de la Certificación Energética de los Edificios.

In the last few decades, energy efficiency has been one of the main global challenges. Recently, European institutions have specifically regulated energy efficiency in buildings, based on the relevance of residential and tertiary sectors in the areas of energy consumption and environmental impact. The study of the implementation of Directives 2002/91/CE and 2010/31/UE “Energy Performance Building” in EU Member States is interesting from many points of view. The study relates to a multi-level transposition of European politics (especially by national legislators), as well as to political devolution. Furthermore, it has a private-law interest, due to its relevance to tenants’ and purchasers’ rights to access information regarding the energy features of buildings. This comparative study of Spanish and Italian mechanisms about the implementation of the above-mentioned directives deals with a complex national legal situation due to the great number of subjects that handle the transposition of directives related to areas (such as energy efficiency in buildings) in the competence of both the State and the regions. Accordingly, this essay analyses not only the role of national and regional legislators, but also the activities of other subjects (especially administrative and technical), that implement the directives and elaborate and apply technical regimes, such as classification and evaluation tools. In summation, this essay aims at analyzing the intervention by both the Italian regions and the Spanish Comunidades Autónomas in regards to the energy efficiency of buildings, stressing the consequences and implications from the lack of 2 coordination between the different national public entities, as well as the best practices produced at a regional level.