Abstract
Roma, 11 november 2022
In the article published in the law Review “Rivista del Diritto della Navigazione 2021 (No.2)”, Avv. Francesco Maria di Majo first analyses the initiatives regarding the foreign direct investments that the European Union has promoted and adopted, with specific reference to EU Regulation No. 452/2019.
The latter aims at ensuring coordination and cooperation among Member States in connection with foreign investments that can affect security and public order, including "critical infrastructure" in the transport sector and therefore also ports. The cooperation in this matter has become increasingly important to the extent that multiple approaches among member States exist in the control/screening of such foreign investments and in the application of their respective national regulations on the so-called golden power. In the article of Avv. di Majo, the transactions in the port sector, that are likely to fall under the application of the Italian golden power legislation, are identified. Subsequently, the competences that fall to the Italian Port System Authorities in the application of this legislation are examined, with reference to the assignment of maritime state concessions, from the assessment of the ultimate investor to the control regarding the exercise of the concession.
