The Italian Senate has issued an opinion concluding that the proposed Regulation on guidelines for trans-European energy infrastructure does not comply with the principles of subsidiarity and proportionality. The opinion, sent to the President of the Council of the European Union on 2 July 2026, concerns the Commission's proposal (document 16772/25 + ADD 1 - COM(2025)1006) which would amend several existing regulations and repeal Regulation (EU) 2022/869.
The Italian Senate's objection marks the first formal subsidiarity challenge to the proposal since its publication. Under the EU's early warning system, national parliaments have eight weeks to issue reasoned opinions if they believe a legislative proposal violates subsidiarity. The threshold for triggering a review is one-third of all national parliaments' votes. The Italian Senate's opinion will be forwarded to the European Commission, which must consider whether to maintain, amend, or withdraw the proposal.
The proposed regulation aims to update the framework for selecting Projects of Common Interest (PCIs) and Projects of Mutual Interest (PMIs) in the energy sector, streamlining permitting and financing for cross-border infrastructure. The Italian Senate's concerns focus on the extent of EU-level intervention, arguing that energy infrastructure planning should remain primarily a national competence. The opinion also questions the proportionality of certain provisions, such as mandatory cost-benefit analysis methodologies and accelerated permitting procedures, which the Senate views as encroaching on member state prerogatives.
This development adds to the ongoing debate over the balance between EU-wide energy security goals and national sovereignty. The Commission has argued that harmonised rules are necessary to achieve the European Green Deal targets and reduce energy dependence, while some member states and parliaments have pushed back against what they see as over-centralisation. The Italian Senate's opinion may encourage other national parliaments to issue similar objections, potentially forcing the Commission to revise the proposal.
The next step is for the Commission to respond to the Italian Senate's reasoned opinion within the framework of the subsidiarity control mechanism. If the threshold of one-third of national parliaments is reached, the Commission must formally review the proposal and provide a reasoned justification if it chooses to maintain it. The outcome could influence the final shape of the regulation, which is expected to be debated in the European Parliament and Council later this year.