Dalla Golden share al golden power: il cambio di paradigma europeo nell’intervento dello Stato sull’economia

The Author illustrates and comments on the new Italian law on golden power granting the Government special powers in listed sectors (defence and national security on one side, energy, transports and communications on the other side) and critical activities. Special powers can be wielded trough an opposition ex post. Veto power is a last resort measure only applicable when positive or negative conditions are not adequate. A fast track procedure provides for reasoned decisions subject to judicial review. The A. posits that the new Italian Law is a benchmark for the golden share dispute between member States and the Commission, as well as a model for national laws fostering foreign investments.