Infrastrutture e golden power

The contribution focuses on the exercise of the so-called special powers with respect to infrastructure-related operations. After examining the relevant legislation in the light of European Union law and the most recent case law, the contribution underlines how, where operations relating to infrastructure are concerned, the conditions for the exercise of special powers are not always identified with sufficient certainty, despite a clear identification of the purpose related to their exercise. If the clear identification of the purpose could hypothetically mitigate the deficit of substantial legality detectable in the regulation on the conditions, it is necessary to consider some recent case law which sometimes seems to prefigure purposes that do not perfectly coincide with those enshrined in the current legislation, thus making a recomposition of the critical issue less obvious.