Thesis title: PIANO NAZIONALE INDUSTRIA 4.0 UN’ANALISI GIUSPUBBLICISTICA
This research paper aims to reflect on the logic and elements of continuity/discontinuity in Italian industrial policy over the last decade by analysing the legal characteristics of the National Industry Plan 4.0. The analysis of the Plan has proved fruitful in this regard, as the measures contained therein have been re-proposed and/or reworked since 2016 (the year in which it was launched by the then Minister of Economic Development Calenda) to the present day, when they have been layered onto the PNRR measures together with three other versions of the Plan (Impresa 4.0, Transizione 4.0 and Transizione 5.0). It is important to note that during the phase in which the new versions of the Plan were being presented and approved, there were five governments of different political stripes. The work presents fundamental and original insights in that the analyses developed on the Plan to date have all focused on the results obtained in terms of technological innovation and improvements in productivity of the companies involved, while there has been scarce analysis of the public law implications and accordance of the plan with the provisions of Article 41 of the Constitution. The main critical issue of the research is the lack of material on the Plan in the sphere of legal doctrine, other than works on market regulation. In order to obtain the correct legal framework coordinates, it was necessary to make use of concepts developed in the past by legal scholars (Guarino, Predieri, Giannini, Luciani, Cassese, Bognetti) on Article 41 of the Constitution, on the concept of economic constitution and on programming/planning. The study revealed that, in the author's opinion, the Plan (including subsequent versions, i.e. those drawn up by different governments) cannot be included in any of the definitions of programming/planning (not even indicative planning) and remain in accordance with the Constitution. The Plan is not considered to be in accordance in terms of its objectives and implementation methods (automatic measures without a clear political centre of coordination and control). This element confirms the origins of the Plan which, according to the author of the research, can be identified primarily in three contingent factors: requests from the industrial sector; the need to comply with European requirements; the failure of the previous Plan (Industry 2015). The conclusions attempt to outline some possible future paths for industrial policy programmes, which tend to be linked to two guidelines: defence industrial policy plans and digital and ecological transition programmes, if and how they are directed by the European institutions.