Enzo Balboni, Prefazione al volume di Alessandro Candido, Confini mobili. Il principio autonomista nei modelli teorici e nelle prassi del regionalismo italiano

Candido, Confini mobili

Per gentile concessione dell’Autore e di A. Giuffrè Editore pubblichiamo, in anteprima, la prefazione del prof. Enzo Balboni al volume di Alessandro Candido, Confini mobili. Il principio autonomista nei modelli teorici e nelle prassi del regionalismo italiano.

Le annotazioni qui poste in premessa del lavoro di ricerca e di ricostruzione teorica e pratica bene svolto da Alessandro Candido, potrebbero apparire eccessive per pessimismo, perché troppo segnate dalla contingenza immediata che vede, in queste settimane dell’autunno 2012, l’istituzione “regione” pressoché sepolta da un mare di fango e sporcizia sgorgato in maniera inattesa e violenta, purtroppo dall’interno stesso di alcune Regioni. E in tal modo rischia di essere travolta l’idea stessa dell’autonomia regionale e locale.

È quasi irreparabile lo sfregio che le squallide gesta di non pochi “servitori” dell’istituzione hanno inferto all’immagine e alla sostanza di quella che fu l’idea di Sturzo e di Ambrosini, dei Costituenti, di una non piccola parte della dottrina autonomistica: Carlo Esposito, Temistocle Martines, Livio Paladin, Feliciano Benvenuti, Giorgio Berti, Umberto Pototschnig, Giorgio Pastori e Umberto Allegretti – per fare i primi nomi che vengono alla memoria e alla penna.

Per misurare la distanza dell’oggi opaco rispetto ad un ieri luminoso – quantomeno sul piano ideale – basterà ricordare la solenne disposizione normativa e ideologica, perché costitutiva di un certo tipo di legame sociale, relativa al “riconoscimento” dell’autonomia locale. Non per caso né per accidente essa venne trasposta, consapevolmente e per espressa volontà politica, in posizione eminente, all’art. 5 della Costituzione, così inserendola tra i principi fondamentali dell’ordinamento repubblicano, essendosi ritenuto non solo che fosse più consona, ma addirittura necessaria una sua collocazione accanto ai principi costituzionali che potremmo definire supremi: democratico, personalista-comunitario, di eguaglianza e di favor per il lavoro e la piena occupazione.

Tuttavia, non solo le male gesta di non pochi eletti nei consigli regionali – in ciò coadiuvati da una burocrazia senza meriti – ma anche lo stesso Governo dello Stato (e si capirà fra poco perché lo battezzo così) si è dato da fare, in questo lasso di tempo e, paradossalmente, con lo scopo di troncare gli eccessi di discrezionalità irresponsabile conseguenti all’autonomia regionale, ha confezionato non solo svariati decreti legge, ma addirittura un disegno di legge costituzionale (Atto Senato n. 3520, XVI Legislatura, presentato il 15 ottobre 2012) che si segnala per la vistosa virata in senso centralistico, tutta all’insegna del concetto: non possiamo fidarci di queste Regioni.

C’è una spia lessicale e grafica che illustra, meglio di un trattato, questo stato d’animo accentratore e statalista: la relazione governativa al disegno di legge costituzionale, quando evoca lo Stato e il Governo, utilizza sempre la lettera maiuscola; invece, quando deve parlare delle Regioni, preferisce la minuscola.

Proprio in questi giorni di fine ottobre 2012 è scoppiato il bubbone della partecipazione della Corte dei Conti al controllo sulla gestione finanziaria degli enti ai quali lo Stato contribuisce in via ordinaria (art. 100 Cost.). In realtà, come è scritto apertis litteris nel decreto legge sui tagli ai costi della politica delle Regioni e degli enti locali (in via di approvazione alla Camera: decreto legge n. 174 del 2012; Atto Camera n. 5520, XVI Legislatura), il controllo della Corte dei conti dovrebbe prendere la forma di un capillare controllo preventivo di legittimità su tutti gli atti normativi e di programma delle Regioni, soprattutto per la spesa sanitaria. Ma in tal modo si contraddice un postulato fondamentale dell’autonomismo costituzionalmente riconosciuto che sarebbe invece da promuovere, ex art. 5 Cost.: a tanto si è arrivati per la nequizia di una classe politica inadeguata.

Così facendo, si dà ragione dell’idea di fondo che è leggibile nella tesi di Alessandro Candido. Egli certo non parte da posizioni anti-autonomistiche: semmai da posizioni sensibili al valore dell’autonomia, vista la “scuola” presente da più di mezzo secolo nell’Università Cattolica del S. Cuore, dove Candido ha compiuto i propri studi e discusso la tesi di dottorato che, insignita del Premio Cuocolo 2011, costituisce la base di questo libro. Eppure Candido – attraverso una rigorosa ricapitolazione storica, teorica e dogmatica, cui peraltro non mancano elementi di sostegno tratti dalla prassi applicativa ed istituzionale – perviene alla conclusione che l’idea di regionalismo autonomista non ha mai messo solide radici in Italia. Le fronde, la propaganda, specialmente la predicazione di un federalismo parolaio, sempre al limite della rivolta secessionista, sono state folte e piene di vento; ma i frutti di un vero e sano regionalismo non li abbiamo, purtroppo, mai visti. O meglio, quel tanto di buono che le Regioni sono riuscite ad apportare sul piano di una buona e corretta amministrazione, più vicina ai suoi cittadini (nulla di smagliante o di eccezionale, tuttavia), è venuto, ci sembra, per merito della buona volontà di singoli, di gruppi sparuti, di casi particolari, piuttosto che essere il frutto di un disegno consapevole, convinto e deciso.

Malinconicamente, dunque, si dovrà ancora una volta dar ragione a uno studioso e fautore delle autonomie bene intese, Giorgio Pastori, che già nel 1981 aveva parlato di “Regioni senza regionalismo”. In tal modo l’istituzione regionale che, insieme alla Corte costituzionale, costituiva la novità forte della Costituzione repubblicana, si è palesata non all’altezza delle speranze che vi erano state riposte.

Milano, 29 ottobre 2012

Enzo Balboni

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