Legal Commoning: Legally Mobilizing Resilient Energy Commons

This article explores the potential of legal commoning as a transformative approach to overcoming barriers in the establishment and upscaling of renewable energy communities. By synthesizing Resilient Property Theory and the concept of mobile power, it proposes a novel framework for reimagining energy governance and property relations. The paper argues that current legal regimes, both private and public, often inhibit the growth of renewable energy communities while inadequately protecting or promoting commons-based approaches to energy production and consumption. Through an analysis of European Union policies and diverse national implementations, the study reveals the complexities and contradictions in existing regulatory landscapes. The proposed framework advocates for adaptive, context-sensitive legal structures that can accommodate the dynamic nature of energy commons while fostering their resilience and scalability. By reconceptualizing energy as a commons resource, the article suggests pathways for developing more democratic, sustainable, and just energy systems. It concludes that legal commoning can serve as a powerful tool for upskilling communities, fostering innovation, and addressing broader societal challenges related to energy transition and climate change. This approach offers valuable insights for policymakers, activists, and scholars seeking to cultivate more participatory and equitable energy futures in the face of ecological crisis.