I poteri speciali dopo il decreto-legge “liquidità”: un’analisi e alcune note in prospettiva

The economic crisis caused by the COVID-19 pandemic has led the Italian Legislator to adopt measures aimed at ensuring the protection of public interests threatened by foreign investments in critical industries. Decree-law no. 23/2020 has strengthened the powers the Government can exercise in strategic economic sectors (so-called golden powers) by extending the scope of the State’s prerogatives. These provisions have been introduced after the European Commission, in March 2020, called upon Member States to make full use of the screening mechanisms of third countries investments to mitigate the impact of the economic crisis on critical capacity of the EU industry. The national framework, as recently amended, entrusts the Government with special powers in a wide range of sectors (also including banking and insurance) and it is therefore of paramount importance to strike the right balance between openness to foreign investment and protection of essential public interests.