Right to be heard and expertise of public offices in the screening of foreign direct investments

The screening of FDI is a growing phenomenon, born to ensure the protection of national security. However, the administrative procedures designed to perform the control of foreign investments are still more a draft than a precise instrument. These procedures should ensure a good balance of the involved interests: public ones, like national security and the attraction of resources from abroad, and private ones, first of all the completion of the investment, which is the main aim of the investor and of the invested enterprise. It should be useful to analyze the organization of public offices and procedures in this field, to underline that the administrations suffer a general lack of expertise, which may lead to a bad use of technical discretion and, therefore, to an inefficient balance of private and public interests.