Fondazioni di partecipazione e gestione di beni e servizi culturali: problemi giuridici

The so called “participatory cultural foundation” (P.F.) is an innovative legal entity which can be used in the management of cultural Arts and public services. It is considered as a no-profit private Institution. In order to examine the characteristics of P.F., in the first part of the dissertation I will analyze the fundamentals of the constitutional division of competences in the cultural field, the theoretical notion of “cultural Arts”, the functions of "protection" and "enhancement" and the role of private individuals in this specific sector. The second part of the dissertation focuses on the "management models” of cultural Arts and services, within the framework of the subsidiarity principle and the Public-Private Partnership (P.P.P.), with a special emphasis on the EU Law.The last part of the thesis deepens the doctrinal elaboration of the P.F., with special regard to its peculiarities in the cultural field. Special attention is paid to the recent legal provisions which apparently restrict the uses of the institution, having been adopted as part of the public spending review.