Regione Salento e Principato di Salerno. Quali le “popolazioni interessate” al referendum di cui all’art. 132, co. 1, della Costituzione?

Nonostante nella storia della Repubblica la disciplina dei referendum per le variazioni territoriali non abbia destato particolare interesse nell’ambito degli studi di diritto regionale (come osserva T.F. Giupponi, Le “popolazioni interessate” e i referendum per le variazioni territoriali, ex artt. 132 e 133 Cost.: territorio che vai, interesse che trovi, in Le Regioni, n. 2/2005), recentemente il dibattito relativo al procedimento per la creazione di nuove Regioni si è riaperto a seguito delle istanze autonomistiche avanzate presso l’Ufficio Centrale per il referendum dai Comitati per la costituzione della Regione Salento e del Principato di Salerno.

Nel caso del referendum per l’istituzione della Regione Salento (che sarebbe comprensiva dei territori delle Province di Lecce, Brindisi e Taranto e sorgerebbe mediante distacco dalla Regione Puglia), l’Ufficio Centrale ha rigettato la richiesta perché in alcune delibere comunali non sarebbe stata espressa in modo chiaro la volontà dei rispettivi Consigli comunali di istituire la nuova Regione e, allo stesso tempo, di indire referendum (ma a breve il Comitato promotore ripresenterà la richiesta di referendum con tutte le formalità richieste). Per quanto riguarda invece il Principato di Salerno, come è già stato osservato in questa sede (si rinvia a R. Cassano, La proposta di creazione del “Principato di Salerno” e i dubbi di costituzionalità dell’Ufficio centrale per il referendum), la recente ordinanza del 2 febbraio 2011 ha rinviato alla Corte costituzionale la richiesta dei Comuni della Provincia di Salerno di istituire una nuova Regione mediante distacco dalla Regione Campania, sollevando questione di legittimità costituzionale con riferimento all’art. 42, co. 2 della legge n. 352 del 1970.

Tale norma, in palese contrasto con l’art. 132, co. 1 della Costituzione, operato una vera e propria falsificazione del testo costituzionale (così anche M. Pedrazza Gorlero, Commento all’art. 132, in Commentario alla Costituzione, a cura di G. Branca, Bologna-Roma, 1990), conferendo il potere d’iniziativa referendaria anche ai Consigli provinciali (previsione non contemplata dalla Costituzione) e, tra l’altro, attribuendolo tanto ai Consigli delle Province (e dei Comuni) che intendono formare una nuova Regione, quanto a quelli che subiscono la decurtazione territoriale. Con la conseguenza di allargare “il concetto di popolazioni interessate ai fini dell’iniziativa alle popolazioni indirettamente interessate o controinterressate, introducendo una categoria di titolari che non ha riscontro nell’articolo in esame” (op. cit., 151).

Secondo l’Ufficio Centrale, “è logicamente proponibile l’interpretazione secondo cui la volontà del costituente sia stata quella di riconoscere il coinvolgimento nell’iniziativa del distacco di alcuni comuni da una regione per la creazione di un’altra solo alle popolazioni degli enti territoriali direttamente interessati al distacco da una regione e alla creazione di un’altra…”.

In effetti, leggendo gli atti dell’Assemblea Costituente (consultabili anche sul sito http://www.camera.it), pare proprio che le cose stiano nei suddetti termini.

Sin dall’inizio – come emerge dalle parole pronunciate da Gaspare Ambrosini il 13 novembre 1946 – la questione relativa al numero delle Regioni da istituire appariva spinosa e “contrastatissima”. Come osservava il costituzionalista siciliano, il Comitato per le autonomie locali, non disponendo di validi elementi per poter decidere su quante e quali dovessero essere le Regioni italiane, sceglieva di “attenersi al criterio della tradizionale ripartizione geografica dell’Italia, non precludendo tuttavia, per un’esigenza di giustizia, la possibilità alle popolazioni interessate di chiedere, mediante deliberazione della maggioranza dei rispettivi Consigli comunali, il distacco da una Regione e l’aggregazione ad un’altra o la costituzione di una nuova Regione”.

In particolare, così disponeva nella sua prima versione quella norma che sarebbe poi confluita nell’art. 132, co. 1 della Costituzione (si fa riferimento all’art. 23, co. 2 del Progetto predisposto dal Comitato per le autonomie locali): “è consentita inoltre la richiesta dell’erezione di una nuova Regione, quando provenga dai Consigli comunali rappresentanti una popolazione di almeno 500.000 abitanti”.

La principale preoccupazione di Ambrosini e degli altri membri dell’Assemblea Costituente risiedeva proprio nella necessità di individuare un quoziente minimo perché fossero sufficientemente garantite le “popolazioni interessate”. A tal fine, nel corso della discussione, Costantino Mortati da un lato chiedeva di elevare a un milione e mezzo il numero di abitanti che i Consigli comunali avrebbero dovuto rappresentare per la creazione di una nuova Regione; dall’altro, proponeva di sottoporre la richiesta dei Consigli comunali (rappresentanti almeno un terzo delle “popolazioni interessate”) a un referendum che avrebbe dovuto riguardare il solo corpo elettorale della costituenda Regione.

Anche Ambrosini, peraltro, confermava che il referendum avrebbe dovuto riferirsi alle “popolazioni interessate” ad unirsi in Regioni nuove, mentre le posizioni delle popolazioni “controinteressate” sarebbero adeguatamente venute in rilievo attraverso il “previo parere” delle relative assemblee regionali (ex art. 23, co. 3, del Progetto cit.).

La norma in commento subiva diverse modifiche prima di essere trasfusa nell’art. 125 del Progetto di Costituzione (discusso, emendato e approvato il 4 dicembre 1947), in base al quale “si può con legge costituzionale, sentiti i Consigli regionali interessati, disporre la fusione di Regioni esistenti e la creazione di nuove Regioni con un minimo di 500.000 abitanti, quando ne facciano richiesta tanti Consigli comunali che rappresentino almeno un terzo delle popolazioni interessate, e la proposta sia approvata per referendum dalla maggioranza delle popolazioni stesse”.

L’unica novità apportata dall’Assemblea costituente avrebbe riguardato, evidentemente, la popolazione minima necessaria per istituire una nuova Regione, elevata a un milione di abitanti.

Alla luce di quanto sinora affermato, nonché volendo utilizzare le parole di V. Falzone, F. Palermo e F. Cosentino (La Costituzione della Repubblica italiana, Milano, 1976), per costituire una nuova Regione “è sufficiente che la richiesta sia fatta da un terzo dei Consigli comunali delle popolazioni che vogliono riunirsi in Regione autonoma” (op. cit., 411). Né, del resto, “sembra possibile una diversa interpretazione, poiché questa soluzione è stata data per ciò che concerne il referendum e perché, in entrambi i casi, della richiesta e del referendum, la preoccupazione è la stessa: avere riguardo alla volontà delle popolazioni interessate” (ibid., 412).

In conclusione (e in attesa che la Corte costituzionale si pronunci sulla questione di legittimità costituzionale sollevata dall’Ufficio Centrale per il referendum), pare ragionevole sostenere che l’art. 132, co. 1, Cost. – tanto ai fini della richiesta, quanto dello svolgimento del referendum – considera “popolazioni interessate” esclusivamente quelle appartenenti ai territori della costituenda Regione.

Alessandro Candido

(Università Cattolica di Milano)

Foto | Flickr.it

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