Il territorio tra diritto nazionale e comunitario. Contesto istituzionale e politiche di sviluppo regionale

The thesis analyses the juridical meaning of the territory in the European constitutional framework. The territory is strictly linked to groups of localized interests, but their demands of development frequently go over the institutional bounderies. Therefore the institutional levels have to enact a strong cooperation to represent and evaluate these interests. The investigation work considers the Italian context after the reform of the Title V of the Constitution and the EC level, focusing on the mechanisms of representation and the legal instruments anacted to evaluate the localized interests. In particular, the thesis analyses the Italian system of Conferences to notice the requirement to reduce the distance between the institutions and the interests; a specific reference is to the German, Austrian and Spanish experiences, qualified by a strong territorial pluralism and the elaboration of peculiar mechanisms of representation. Furthermore, the investigation work considers the mechanisms of representation in use at the regional level to consent a much more pliable approach to the evaluation of the localized resources. The last part of the thesis is dedicated to the legal instruments of evaluation in the Italian and EC framework. The negotiation forms, as the so called territorial pacts or the programme agreements, are typical of the sub-regional level, while the sovraregional areas are qualified by the interregional ageements provided by the reformed art. 117, co. 8 of the Constitution. At EC level, the 2001 White Book on the Governance forsees the tripartite contracts and agreements to realizes common territorial cooperation objectives and to consent the development of mechanisms of evaluation. The analysis consent to assume these instruments as structural and operative, to better reduce the distance between the institutional level and the territorial interests and resources in the European constitutional framework.