Monica Cocconi

Associate Professor of Administrative Law and Director of the “Osservatorio Permanente Legalità", University of Parma

The analysis begins with the evolution of the EU’s institutional framework in the area of industrial policy, then focuses on the specific case of IPCEIs. Specifically, it examines the legal and procedural characteristics of IPCEIs, the methods of implementation at the national level, and finally, the implications in terms of administrative discretion, the activation of multilevel industrial governance, and the Commission’s oversight of compliance with State aid rules. The objective is to assess the extent to which administrative action – in its procedural, institutional, and organisational components – is capable of effectively accompanying and regulating selective industrial policies in a context where the promotion of technological innovation, ecological transition, and the protection of market competition appear increasingly intertwined. The logic underlying administrative intervention appears to extend beyond a mere derogation from the traditional State aid model, becoming a true laboratory for a transformative and proactive public administration, responsive to market needs.

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The phenomenon of “agromafias” – the infiltration of organized crime into the agri-food supply chain – represents one of the most insidious threats to economic legality and environmental protection. In this context, administrative law emerges as a key instrument not only in repressing illegality but, above all, in preventing it. This analysis highlights how the Italian administrative apparatus – spanning both central and local levels – is currently facing a dual challenge: effectively coordinating the actors involved in managing, monitoring, and planning the agri-food sector, while simultaneously ensuring transparency, legality, and sustainability in public policy. Tools such as anti-mafia interdiction orders, collaborative prevention measures, whitelists, legality protocols, and Minimum Environmental Criteria (MEC) applied to public food procurement demonstrate the anticipatory and strategic role that administrative law plays in combating agromafias. Preventive action is not limited to excluding colluding economic operators but extends to promoting sustainable practices, overseeing the use of EU funds (CAP), and integrating environmental regulations, food safety, and labor protection. The fight against agromafias requires multi-level, integrated governance based on the principles of subsidiarity, coordination, and precaution, with public administration playing a crucial role in shaping effective and resilient policies. Ultimately, administrative law – far from being a mere regulatory framework – acts as a dynamic tool for building legality and safeguarding the public interest in a sector vital to the country’s sustainable development.

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