ABSTRACT – Following the judgment of 23 May 2023, No. 1231, of the Lombardy Regional Administrative Court, the work aims to analyse how the primacy of EU law marks the border between politics and the powers of Regulatory authorities, such as ARERA (Italian Regulatory Authority for Energy, Networks and Environment), which, according to Directive 2009/73/CE, enjoys full autonomy and independence from any political body. In particular, the judgment is significant because it reaffirms the public administration’s duty to disapply national rules that are contrary to EU law (a duty recently challenged by other regional administrative courts).
