Foreign Direct Investments Screening Measures in the EU and Duty To Give Reasons

Recent reforms in terms of screening measures for foreign direct investments address national security and other risks of public interest. However, they may also conceal other concerns, such as the fear of predatory acquisition of significant local businesses by foreign countries. As a con- sequence, the above-mentioned measures may be used to create commercial barriers in spite of the many international treaties that guarantee freedom of trade. Further analysis of the ability of national EU governments to make investments in other countries is therefore needed. The present study explores recent cases of the so-called “golden power” in Italy, which have sought to oppose foreign government- driven acquisitions.