La galassia degli enti del Terzo settore: una tipologia incerta = The galaxy of Third Sector Entities : an uncertain typology

The Third Sector Code (Legislative Decree 117/2017) created a new category of legal entities, setting out their classification and dictating references to sectional primary sources and the Civil Code. The galaxy of third-sector entities has, therefore, overlapped with the figures provided for in Boo...

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Bibliographic Details
Subtitles:The galaxy of Third Sector Entities
Main Author: Del Prato, Francesco (Author)
Format: Electronic Article
Language:Italian
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Published: Serra 2023
In: Il diritto ecclesiastico
Year: 2023, Volume: 134, Issue: 1/2, Pages: 193-211
Standardized Subjects / Keyword chains:B Nonprofit sector / Interns / Jurisdiction / Italy / Europäischer Gerichtshof
IxTheo Classification:XA Law
Online Access: Volltext (lizenzpflichtig)
Description
Summary:The Third Sector Code (Legislative Decree 117/2017) created a new category of legal entities, setting out their classification and dictating references to sectional primary sources and the Civil Code. The galaxy of third-sector entities has, therefore, overlapped with the figures provided for in Book I of the Civil Code, establishing a link with the regulations on corporations. The text analyses two fundamental judgments on the subject: the Constitutional Court’s judgment no. 72 of 15 march 2022 and the EU Court of Justice’s judgment of 7th july 2022 in joined cases C-213/21 and C-214/21. The former concerns the question of the constitutionality of Article 76 cts, while the latter concerns the conformity of Article 57 cts with Directive 2014/24/eu. Both rules provide for a favourable regime for voluntary organisations, which was considered lawful in relation to both provisions, although doubts remain as to their application criteria.
ISSN:2035-3545
Contains:Enthalten in: Il diritto ecclesiastico
Persistent identifiers:DOI: 10.19272/202330802012