L'ESERCIZIO DEI GOLDEN POWERS: CRITICITÀ ATTUALI E PROSPETTIVE FUTURE

Throughout the international scenario recently marked by the pandemic and war crisis, there has been a growing expansion of the golden powers. The concrete exercise of golden powers has become critical, due to the use of concepts changing in time and space, such as the concept of “national interest”, and the separation between the investigation and the decision- making phases. This is confirmed in court by a certain “shyness” of the administrative judge. The impression is that we are going in the direction of a strong dynamism of the concept and that we must definitively think about the atypical nature of the strategic sectors. In order to avoid the transformation in a tool of arbitrary decisions, the concrete exercise of golden powers must take into account the strategic nature of the operation, not evaluated itself but also giving prominence to the supply chain connected to it.