Andrea Pinto

Il pubblico servizio di distribuzione del gas tra riordino e disordine

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This paper investigates the liberalization' process of the gas sector, put forward by the Legislative Decree n. 164/2000, with a specific emphasis on the retail distribution mechanisms. In particular, after a proper assessment of the legal and juridical aspects related to the "transitory period", the lack of some rules is analysed in order to suggest the need for a more coherent legislative framework. This seems to be particularly true for the service' contract, which is used to discipline the relationships between local institutions and gas management companies: the contract still appears too scanty to form a reassuring guide for all parties involved in the sector. In the same vein, also the bidding processes have critical aspects that need to be seriously addressed, mainly because economic efficiency is not properly taken into account and this may turn to stifle the security' level of the service, so damaging final users. Lastly, employment problems receive an in depth scrutiny aimed at demonstrating the need for the drafting of efficient legal rules and for a transitory solution to solve all the issues at stake. Against this backdrop, the cooperation between the regulatory authority and the Parliament is strongly recommended as a viable solution to boost a more binding effect for authority' guidelines and reports.

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