Abstract
The Italian Golden Power doctrine — codified in Decree-Law 21/2012 and
substantially amended through 2022 — is among the most consequential
instruments of state strategic control in the European regulatory landscape.
Its remit has expanded from the traditional sectors of defence, energy, and
telecommunications to encompass cloud infrastructure, semiconductor
manufacturing, biotechnology, and the high-risk AI systems addressed by
Regulation (EU) 2024/1689.
Hybrid Sovereignty argues that the operational doctrine of the
Golden Power has not kept pace with the architectures it is now asked to
govern. The instrument was designed for transactional control — the
veto, the prescription, the divestiture — over assets located within
national borders. The infrastructures it must now address are
extraterritorial by construction: sovereign-cloud arrangements, open-weights
foundation models, supply chains that cross multiple jurisdictions
simultaneously, and computational substrate whose effective seat may move
with a single configuration change.
The thesis develops a framework for what it calls hybrid sovereignty:
a doctrine of strategic control that operates simultaneously through
traditional instruments (notification regimes, special powers, audit rights)
and through architectural intervention (data-residency requirements,
cryptographic key custody, mandatory transparency of model weights and
training data, and the institutional design of regulated transparency).
The work is comparative in scope — drawing on the United States
Committee on Foreign Investment regime (CFIUS), the United Kingdom National
Security and Investment Act (NSIA), the German Außenwirtschaftsverordnung
(AWV), and the French «Investissements Étrangers en France»
regime — but Italian in its primary subject. Its purpose is not
advocacy but operational: to provide a usable framework for institutional
counsel and policy designers operating at the edge of the contemporary
regulatory landscape.