La Gestione del servizio culturale tra pubblico, privato e terzo settore: profili organizzativi e funzionali

The study aims to reconstruct the notion of cultural public service as a mean to ensure the effectiveness of the legal positions acknowledged by the Legislation to every citizen related to cultural heritage. That notion outlines a precise mission that has to be fulfilled by public powers in order to ensure that the cultural heritage is enjoyed by all the population. The study tries to define the means by which this service can be provided. The attention is then focused on the so called third sector with its recently renewed regulations. So the organizational aspects of the third sector entities, and of the foundations particularly, have been studied in deep, since they convey a functional bond on the goods in them conferred that is similar to the functional bond that imposes the common use of cultural heritage. A regulatory structure emerges that takes interest on these legal entities because they can take part in the management of cultural public interests especially if their shareholder is a public administration. The main goal that has to be fulfilled in the provision of cultural public service, in fact, is to coordinate the players involved in a service that appears to be reticular. The instrument detected to do so is the network contract, conveyed by a program agreement among entities that are public administrations in their essence. The solution proposed in these terms is considered to be an innovative way to pursue the complex management of the cultural public service.