Local development: they reach the GECT
The new community programming has brought varied  novelty . Â
Between these, certainly interest for his novelty , there ¨ the creation of a new tool, the European Group of Territorial Cooperation (GECT), which HAS an own institutive rule (scaricabile in bottom to the page) and specific tasks in the promotion of the local development through the structural so called financial resources coming from the community budgets.
Through this new tool the local companies and then  also the municipalities, constituting a GECT together with other local companies of other countries, will be able to manage directly interventions financed by the European Community,
The community legislator recognises, besides, that the already existing tools, which the European Group of Economic Interest (GEIE) [3], they proved to be, in the programming period in course, not much fit to manage supplemented cooperation projects within the bounds of the Structural funds and which, when there had increased the allocations relative to the same bottoms for the near period, the creation of provided subjects turns out to be necessary of
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autonomous juridical personality on whom they could operate uniformly in the whole UE for the management of interventions of local development (supported or I lead community resources) when the different protagonists of the territory were catalyzing.
Such subjects are the GECT that, rule, must have the faculty of carrying programs of territorial cooperation out with or without financial intervention of the Community , they must be provided with own statutes and rules of functioning in homage to the current normativeness, must have an autonomy of budget and, consequently, an own financial responsibility for the led actions.
In considering of the rule, it is specified later on that the territorial cooperation is realised in way conformable to the beginnings of assistance and proportionality cosଠlike propositions art. 5 of the institutive Treaty on the European Community [4] and concludes when there were not excluding the possibility of making participating in a GECT territorial entities of third Countries, aspect of not secondary importance valuing the huge extension of the terrestrial and marine borders of the Europe to 25 and the number and the interest of the Countries not members circumvicini to guide development projects in synergy with European local companies.
Passing, then, to the text of the device of the rule we see that to art. 1 it itself plans that the GECT can be constituted on the territory of the Community with the objective of facilitating and promoting the territorial, transnational and / or interregional cooperation with the exclusive purpose of reinforcing the economic and social cohesion.
It is established also that the GECT é provided with juridical personality and, in each Member state, must enjoy the widest ability recognised to the juridical persons: there is then a general ability conferment from the community right and a postponement to the single national orderings to widen such a more possible ability .
Twice, instead, it specifies art. 1 which is the applicable right to the new subject establishing an exact hierarchy that sees to the first place the dispositions of the rule that we are examining, to follow the conventions and the statutes adopted by the GECT, for the matters did not re-include the right of the Member state in which the GECT has the own seat. The ius loci will discipline also the regularity of the acts of the Group.
To art. 2 they themselves plan instead of the typology of subjects that, within the limits of the own competences in accordance with the national legislation, they can constitute a GECT and, in the specific thing, it looks after itself of:
Member states,
regional companies,
local companies,
Organisms of public right,
associations already existed between subjects as above indicated.
Besides, to underline later on the character of the transnazionalità and the superior community interest, it is arranged that the GECT should be composed at members' of at least two states belonging to the UE's.
When art. 3 were proceeding to, the procedures are shown for the institution of a GECT and it is established what the decision é adopted on initiative of the members who notify of the own Member state the intention to participate in a GECT and there send to him in copy the constitutive acts (conventions and statutes); at this point, the Member state approves such a participation or, if of the case, there [5] is opposed.
With art. 3 twice is established that the statutes of the GECT should be recorded and / or published according to the current dispositions in the state in which they have the social seat and the obtaining of the juridical personality will be before two dates. Besides, within ten days with the record and / or national publication, it will be necessary to proceed to the request of publication of a notice of happened constitution on the Official Newspaper of the European Union.
Ter it foresees art. 3 completely that the controls over the management of the public bottoms from the GECT should be organised by the competent authorities of the state in which the seat of the Group is, in case foreseeing the formalities of participation in the supervision of the homologous authorities of other states. It dictates controls they will be whichever made in accordance with to the rules of internationally recognised audit and to the current community right.
As far as it concerns to the tasks of the GECT, it establishes art. 4 that these should be conformable to the rule and established in the convention approved by his members, and cofinanziati with the European Community limit themselves to the accomplishment of programs or projects of territorial cooperation by way of the Structural funds or, without financing, within the limits of all that arranged to art. 1.
Art. 5 it enunciates the contents of the convention that, it specifies, must be adopted to the unanimity of his members. They must be indicated:
- Â Â Â Â Â Â Â Â Â denomination and social seat;
- Â Â Â Â Â Â Â Â Â territory in which he can behave;
- Â Â Â Â Â Â Â Â Â objectives, tasks, duration and manner of dissolution;
- Â Â Â Â Â Â Â Â Â list of the members;
- Â Â Â Â Â Â Â Â Â applicable right;
- Â Â Â Â Â Â Â Â Â manner of reciprocal recognition (and of financial control);
- Â Â Â Â Â Â Â Â Â procedures of modification of the convention.
Following it arranges art. 6, instead, which are the contents of the statute (also this adopted child to the unanimity ):
- Â Â Â Â Â Â Â Â Â social organs (composition and functioning);
- Â Â Â Â Â Â Â Â Â decision-making procedures;
- Â Â Â Â Â Â Â Â Â work languages;
- Â Â Â Â Â Â Â Â Â work relations;
- Â Â Â Â Â Â Â Â Â financial participation of the members;
- Â Â Â Â Â Â Â Â Â responsibility of the members;
- Â Â Â Â Â Â Â Â Â audit I express;
- Â Â Â Â Â Â Â Â Â procedures of modification of the statute.
If the enunciation pp. 5 and 6 remain on the vague one about the typology of organs of which to provide the Group, when the choice was leaving to the national juridical traditions, art. 7 makes clear that must to you be "almenoâ" a meeting constituted by all the representatives of the members (democratic organ to between) and a director who behaves in name and for account of the GECT (representative organ to extra).
As far as it regards the budget autonomy, it arranges art. 8 that the GECT draughts an annual balance sheet adopted by the meeting and containing, particularly, a component relative at the costs of functioning and, if necessary, an operative component. The law regulated the drawing up of the budget é that one of the Country of the social seat.
Following art. 8 twice there foresees the formalities of liquidation, insolvency, suspension of the payments and responsibility for the GECT and for his members, indicating the law of the state of the seat applicable which in the cases of kind and arranging, in any case, a solidarity pro-share between the members if the GECT was turning out to be unable to do front to the contracted obligations. Some members can, in view of their juridical nature, stick the GECT in the shape of the limited responsibility: in these cases, also the GECT assumes, in his denomination, the formula “to responsibility limitataâ” for protection third persons.
The contrariety to the public order, to the public certainty, to the health or public moralities, or to the public interest of a Member state they can lead to forbid the activities of the GECT on the territory of the same thing (ex-art. 9), even if such a decision must form resort object in front of an independent judicial authority of the Member state (ex-art. 10 twice).
Lart.10 foresees the formalities of dissolution of the Group in consequence of compulsory liquidation arranged by the competent authorities of the state of the seat.
To pp. 11, 11 twice and 11 ter, the last, foresee the obligations to themselves in head to the Member states to give accomplishment to how much expected with the rule and in head to the community institutions to verify in itinere the efficaciousness of the new tool.
At this point, it remains alone to us of wishing to the GECT a success greater of that had by his greatest brother (the GEIE), and it is required a little, and to the present operators on the territory (public bodies, local companies, managers, in Italy and outside) to be able to pick all the timeliness that at the Europe are put at their disposal to support the economic and social development.
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