L'incerto percorso della legislazione in favore della montagna in Italia e nuove prospettive di attenzione al "territorio"

Abstract

Mountain areas have been the object of national legislator attention since the beginning of the 20th century and with the approval of the art. 44 of the Constitution they are the subject of specific constitutional commitment. In the immediate post-war period, the need to maintain in these areas socio-economic vitality despite the difficult environmental conditions was such as to make the situation of territories feel like a national political issue. Three specific laws, passed twenty years later from each other, tried to respond, with different visions and tools, to the needs of those territories without however achieving the expected results. After that, it possible to note progressive loss of in mountains by the national institutions and the end of national policy in their favour. From the analysis of some recent national measures that also involve areas, the A. notes the recent trend not so much to the lack of interest in territories, but rather to the loss of specificity of them; the mountain is no longer specific object worthy of attention by the juridical order. The end of specific policy could provide an opportunity to overcome the limitations of the past and think of instruments that are able to capture the high level of internal differentiation in areas, taking into account diversities rather than common features.