National Security and the Protection of Companies Carrying Out Activities of Strategic Importance in the Framework of the European Regulation 2019/452

The concept of national security is complex and multifaceted. Its evolution has been shaped by globalization, a supranational phenomenon that has introduced new and diverse threats to security. Currently, the responsibility for these threats does not only fall on the states but also on third parties, individuals, and environmental conditions. This chapter will explore the complex scope of the definition of “national security”, emphasizing that it extends beyond the military domain to also encompass the economic, social, cyber, energy, and environmental spheres. It is necessary to recognize the existence of a directly proportional relationship between the economy and national security. This involves both the protection of industrial secrets and the fight against illegal economies and practices. Regulation (EU) 2019/452 (on the framework for the screening of foreign direct investments in the European Union) has expanded the strategic economic sectors to be monitored for risks to national security, also including them in activities subject to notification requirements for the exercise of special powers by Member States (Golden Power). The European Commission has urged the Member States to make the widest possible use of foreign investment screening mechanisms, envisaging a dialogue between the national authorities and the European Commission. Within this framework, the discipline of special powers in the Italian legal system will also be analysed in relation to the aforementioned European Regulation and the safeguarding of national security (which has led to the introduction of additional criteria for assessing the strategic nature of assets and the relevance of companies).