Space needs a solid and up-to-date legal framework

With regard to the former, the new Plan does not seem to be harmonised as well as possible with a series of other policy documents that already exist in the sector; and the Fund (whose duration and size is not well specified) is also not well coordinated with the other existing financial instruments (such as equity funds or Cdp financing for innovation). Greater clarity could also serve as an incentive for the involvement of private capital.

In order to attract private investment, more focus could be placed on the public procurement market. The draft law devotes little attention to special regulations for public contracts in the space sector. Instead, it would be desirable to introduce ad hoc regulation for this type of contract, favouring flexible and collaborative procedures, capable of stimulating the co-design of innovative solutions.

Regarding the second part, one of the stated objectives of the bill is to provide legal certainty for private operators, again stimulating investment.

The text before Parliament, however, provides for a complex authorisation procedure for space activities, built on two sub-procedures: one aimed at verifying the technical requirements of the economic operator, managed by the Italian Space Agency (Asi); the other aimed at assessing the strategic and national security aspects, the responsibility of Comint (the interministerial committee for the sector) and the Presidency of the Council of Ministers.

While it is right to provide for administrative controls before and after the start-up of space activities, given the high-risk nature of the sector (and the responsibilities assumed by the state for authorised activities), there is also a need not to make the bureaucratic burden too heavy for economic operators, because this would risk both curbing the attractiveness of our country for foreign investors and weakening the competitiveness of Italian companies in the international context. A fundamental issue is in fact that of reciprocity conditions, for Italian companies, with respect to the authorisation mechanisms of other countries: an asymmetrical discipline could weaken the national industry in this sector.

It must also be considered that the entrusting of the first part of the procedure to Asi can only be adequately fulfilled in the presence of a significant functional and structural transformation of the body, which is currently not used to handling adjudication functions.

Two further remarks in conclusion.

It seems necessary to better harmonise the draft law with already existing regulations in economic sectors, such as those on golden power, antitrust and regulation of electronic communications, to prevent state intervention in the economy from having distorting effects on innovation and competitiveness.

Mechanisms should be foreseen to strengthen international cooperation, through reciprocity clauses and bilateral and multilateral agreements, useful to attract foreign investors and better position Italy in the global market.

The approval of the national law on Space represents a crucial opportunity for Italy. The text goes in the right direction, but could be improved to ensure a significant impact.

(Law & Governance Research Centre, LUISS Guido Carli)