Energy Communities and Collective Public Participation:Legal Frameworks for an Inclusive Hydrogen Decision-Making Chain in the EU, Spain and The Netherlands

Energy communities (ECs) are increasingly recognised as collective structures supporting the three overarching goals of the EU energy transition towards greener resources: decarbonisation, decentralisation, and democratisation. While the role that energy communities may have in the decentralisation and decarbonisation of energy systems been extensively researched, their role in bringing the energy decision-making chain closer to the citizens is to date underexplored. This chapter takes the development of a green hydrogen economy as a case study. As green hydrogen is promoted for the decarbonisation of hard-to-electrify sectors, the question emerges whether ECs can contribute to more inclusive and participatory decision-making in this area. This chapter conducts a comparative legal analysis of EU, Spanish, and Dutch legal frameworks to explore the extent to which ECs are positioned to support democratic governance in hydrogen infrastructure planning. The findings point to both opportunities and legal uncertainties that influence the capacity of ECs to participate meaningfully in the hydrogen transition.