NON PROFIT LAW

Giuseppe D'ANGELO NON PROFIT LAW

0112100029
DEPARTMENT OF LAW
EQF6
BUSINESS AND NEW TECHNOLOGIES LAWYER
2024/2025

YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2020
SPRING SEMESTER
CFUHOURSACTIVITY
636LESSONS
Objectives
GENERAL OBJECTIVE:
THE TEACHING AIMS TO EQUIP THE STUDENT WITH THE CRITICAL AND TECHNICAL-APPLICATION KNOWLEDGE AND UNDERSTANDING SKILLS RELATED TO THE LAW OF NON-PROFIT ORGANIZATIONS AND THE LAW OF THE THIRD SECTOR. THIS IS A PARTICULAR AREA OF LEGAL REGULATION, LEGALLY LIMITED, INTENDED TO REGULATE AND SUPPORT THE AUTONOMOUS INITIATIVE OF CITIZENS, INDIVIDUALS OR ASSOCIATES, WHO CARRY OUT ACTIVITIES OF GENERAL INTEREST FOR THE PURSUIT, NON-PROFIT, OF CIVIC AIMS, SOLIDARITY AND SOCIAL UTILITY.
KNOWLEDGE AND ABILITY TO UNDERSTAND:
THE STUDENT WILL BE ABLE TO KNOW AND UNDERSTAND.
- THE PRINCIPLES, RULES AND BASIC INSTITUTIONS OF THE LAW OF NON-PROFIT ORGANIZATIONS AND THE LAW OF THE THIRD SECTOR, IN ITS CURRENT DEFINITION AND LEGAL DELIMITATION;
- THE CONNECTION BETWEEN THE LEGAL PROGRESS OF THE THIRD SECTOR, THE TRANSFORMATION OF THE WELFARE SYSTEM AND THE OVERCOMING OF THE TRADITIONAL CONFLICT BETWEEN THE PUBLIC-STATE AND THE PRIVATE-SOCIAL AREA.
THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING:
THE STUDENT WILL BE ABLE TO APPLY THE KNOWLEDGE AND UNDERSTANDING ACQUIRED TO:
- IDENTIFY AND CORRECTLY AND ADEQUATELY APPLY THE RELEVANT PRINCIPLES, RULES AND INSTITUTIONS IN RELATION TO RELEVANT CASES FOR NON-PROFIT ORGANISATIONS AND THE THIRD SECTOR, TAKING INTO ACCOUNT THE STRUCTURAL AND FINALISTIC PECULIARITIES OF THE PARTIES INVOLVED AND THE SPECIFICITY OF THE RESPECTIVE LEGAL REGIMES;
- ADDRESS ISSUES CONCERNING THE INTERPRETATION AND APPLICATION OF CURRENT LAW OF NON-PROFIT ORGANIZATIONS AND THE LAW OF THE THIRD SECTOR.
JUDGEMENT AUTONOMY:
THE STUDENT WILL BE ABLE TO:
- ASSESS THE SYSTEMATIC IMPACT OF SECTORAL REGULATORY FRAMEWORKS;
- DISCERN THE FORM AND FUNCTION OF THE RULES AND OF THE LEGAL INSTITUTIONS, AS INSTRUMENTS FOR THE COMPOSITION OF LEGALLY RELEVANT INTERESTS;
- DEVELOP A LEGAL MINDSET ADAPTED TO THE CHANGING CULTURAL, SOCIO-ECONOMIC AND INSTITUTIONAL CONTEXT.
COMMUNICATION SKILLS:
THE STUDENT WILL BE ABLE TO:
- REPRESENT AND COMMUNICATE THE PATHS AND RESULTS OF THEIR STUDIES AND RESEARCH;
- BE EXPRESSED IN TECHNICAL LEGAL LANGUAGE.
LEARNING ABILITY:
THE STUDENT WILL BE ABLE TO:
- UNDERSTAND AND INTERPRET COMPLEX LEGAL TEXTS;
- UPDATE THEIR KNOWLEDGE, FINDING AND MAKING APPROPRIATE USE OF LEGAL AND JURISPRUDENTIAL SOURCES AND SCIENTIFIC LITERATURE;
- CARRY OUT RESEARCH AND CRITICAL ANALYSIS, USING TRADITIONAL BIBLIOGRAPHICAL TOOLS AND COMPUTER RESOURCES.
Prerequisites
TEACHING PREREQUISITES ARE NOT REQUIRED. A GOOD KNOWLEDGE OF THE ITALIAN LANGUAGE IS REQUIRED.
Contents
MAIN TOPICS:
• CONCEPT AND HISTORICAL-EVOLUTIONARY PROFILES. THE THIRD SECTOR AND THE STATE EVENT (4 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE RELIGIOUS-CONFESSIONAL MATRIX OF THE THIRD SECTOR. LAITY, FREEDOM AND ETHICAL-RELIGIOUS PLURALISM AS INTERPRETATIVE PARAMETERS OF THE LEGAL DISCIPLINE OF THE THIRD SECTOR (2 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE CONSTITUTIONAL PRINCIPLES. GENERAL FRAMEWORK (4 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE IMPLEMENTATION OF THE CONSTITUTIONAL RULES. FROM THE PUBLIC MONOPOLY TO THE CONSTITUENT PHASE OF NON-PROFIT. THE ROLE OF RELIGIOUS INSTITUTIONS (6 HOURS OF LESSON,ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE REFORM OF THE THIRD SECTOR AND THE DELEGATION LAW N. 106/2016 (4 HOURS OF LESSON,ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE CODE OF THE THIRD SECTOR AND THE RELATED REGULATIONS. GENERAL FRAMEWORK (4 HOURS OF LESSON,ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE INSTITUTIONS OF THE THIRD SECTOR. GENERAL ASPECTS AND COMMON DISCIPLINE (6 HOURS OF LESSON)


THE "RUNTS" (4 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• SPECIAL FIGURES. VOLUNTARY ORGANIZATIONS (2 HOURS OF LESSON)

• SOCIAL PROMOTION ASSOCIATIONS (2 HOURS OF LESSON)

• FOUNDATIONS (2 HOURS OF LESSON)

• ECCLESIASTICAL AND RELIGIOUS BODIES (6 HOURS OF LESSON)

• SOCIAL ENTERPRISE AND SOCIAL COOPERATIVES (6 HOURS OF LESSON)

• BENEFIT SOCIETY (2HOURS OF LESSON)

• RELATIONSHIPS WITH THE PA (4 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• MEASURES OF SUPPORT, PROMOTION AND FINANCING (6 HOURS OF LESSON, ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• CONTROLS (2 HOURS OF LESSON,ONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW)

• THE FUTURE OF THE THIRD SECTOR (2 HOURS OF LESSONONLY FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW).
Teaching Methods
THE COURSE OF THIRD SECTOR LAW IS PERFORMED IN THE SECOND SEMESTER AND IS COMPOSED OF LECTURES (72 HOURS/8CFU - 36 HOURS/6CFU FOR THE TEACHING OF "NO PROFIT LAW"), IN ITALIAN LANGUAGE. ADDITIONAL FORMS OF TEACHING ARE ADDED (THEMATIC INSIGHTS, SEMINARS AND PRACTICAL EXERCISES EVEN WITH LAW OPERATORS AND TEACHERS OF OTHER UNIVERSITIES), IN ITALIAN LANGUAGE. FREQUENCY TO THE COURSE AND THESE EDUCATIONAL ACTIVITIES IS NOT OBLIGATORY. HOWEVER IT IS EVIDENT THAT, AS NORMALLY, THE REAL FREQUENCY TO THE COURSE MAY MAKE THE PREPARATION OF THE EXAMINATION EASIER FOR THE STUDENT, CONSIDERING THAT IT ALLOWS TO ENRICH THE CONTENTS OF THE PREPARATION, TO INTERACT ACTIVELY WITH THE PROFESSOR AND TO CHECK, STEP BY STEP, THE PROGRESS OF THE LEARNING METHOD.
Verification of learning
LEARNING IS VERIFIED THROUGH A SINGLE ORAL EXAMINATION, WHICH CONSISTS IN AN INTERVIEW, IN ITALIAN LANGUAGE, HAVING THE CONTENT OF THE PROGRAM.
THE EXAM IS INTENDED TO ESTABLISH THE ACHIEVEMENT OF THE EXPECTED LEARNINGS (KNOWLEDGE AND UNDERSTANDING AS WELL AS APPLYING KNOWLEDGE AND UNDERSTANDING) AS DESCRIBED ABOVE, IN THE SECTION “OBJECTIVES”. FOR ATTENDING STUDENTS, IT TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE COURSE. SO THE EXAMINATION CONSISTS OF QUESTIONS ABOUT GENERAL AND THEORICAL ISSUES AND OF QUESTIONS ABOUT PRACTICAL LEGAL ISSUES AND, FOR ATTENDING STUDENTS, ABOUT THE ADDITIONAL THEMATIC AND PROBLEMATIC PROFILES PROCESSED DURING THE LESSONS.
EVALUATION CRITERIA ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS. THE EVALUATION OF THE EXAMINATION IS EXPRESSED IN THIRTIETHS AND THE EXAM IS EXCEEDED IF THE STUDENT OBTAINS A SCORE INCLUDED BETWEEN 18/30 AND 30/30.
THE MINIMUM EVALUATION OF 18/30 IS OBTAINED WHEN THE STUDENT SHOWS AN ELEMENTARY DEGREE OF KNOWLEDGE AND UNDERSTANDING OF THE ESSENTIAL CONTENTS OF THE STUDY PROGRAM AND A LIMITED UNDERSTANDING ABILITY OF ITS PRACTICAL AND APPLICATIVE IMPLICATIONS.
THE MAXIMUM EVALUATION OF 30/30 IS OBTAINED WHEN THE STUDENT SHOWS AN EXTENDED AND DETAILED KNOWLEDGE AND A COMPLETE UNDERSTANDING OF THE PROGRAM ARGUMENTS, COMBINED WITH FULL CRITICAL ABILITY AND THE SKILLS TO SET AND SOLVE THE RELATED LEGAL QUESTIONS WITH CORRECT ARGUMENTATIVE AND LEGAL LANGUAGE TOOLS. THE LODE IS ASSIGNED WHEN THE STUDENT SHOWS OTHERWISE WIDER ABILITY OF SYSTEMATIC AND CRITICAL ASSESSMENT, EVEN BEYOND THE PARTICULAR STUDY CONTEXT.
THE ACHIEVEMENT OF AN INTERMEDIATE SCORE (FROM 19/30 TO 29/30) DEPENDS ON THE DEGREE OF AMPLITUDE AND DEPTH OF THE KNOWLEDGE OF THE CONTENTS OF THE PROGRAM, AS WELL AS THE GRADE OF ABILITY IN APPLYING THE ACQUIRED KNOWLEDGE, THE CRITICAL UNDERSTANDING AND THE SKILL TO ARTICULATE A LEGAL REASONING IN A LINEAR WAY AND TO EXPRESS IT WITH CLARITY AND WITH APPROPRIATE LEGAL LANGUAGE.
Texts
ONE OF THE FOLLOWING:

1) A. FICI – E. ROSSI – G. SEPIO – P. VENTURI, DALLA PARTE DEL TERZO SETTORE. LA RIFORMA LETTA DAI SUOI PROTAGONISTI, EDITORI LATERZA, ROMA-BARI, 2019:
FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW, PAGG. FROM 3 TO 451; FOR THE TEACHINGS OF "NO PROFIT LAW", THREE-YEAR DEGREE IN BUSINESS AND NEW TECHNOLOGIES LEGAL SPECIALIST, PAGG. FROM175 TO 453.
OR
2) M. GORGONI (A CURA DI), IL CODICE DEL TERZO SETTORE. COMMENTO AL D.LGS. 3 LUGLIO 2017, N. 117, PACINI EDITORE, PISA, 2021:
FOR THE TEACHING OF “THIRD SECTOR LAW”, STUDENTS OF THE MASTER DEGREE COURSE IN LAW, PAGG. FROM 1 TO 136, FROM 169 TO 434 AND FROM 473 TO 539;
FOR THE TEACHINGS OF "NO PROFIT LAW" (THREE-YEAR DEGREE IN BUSINESS AND NEW TECHNOLOGIES LEGAL SPECIALIST), PAGG. FROM 1 TO 136 AND FROM 169 TO 360.


IT IS RECOMMENDED TO ADD TO THE TEXTS INDICATED THE STUDY OF THE LEGAL SOURCES, FIRSTLY THE THIRD SECTOR CODE AND THE RELATED REGULATIONS. INFORMATIONS ABOUT ANY PUBLICATION OF NEW TEXTS WILL BE COMMUNICATED PROMPTLY, BEFORE THE BEGINNING OF THE COURSE, ON THE PROFESSORS' WEB PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE).
IN EVERY CASE, IT IS WORTH REMEMBERING THAT THE ABOVE MENTIONED TEXT IS SIMPLY RECOMMENDED. EVERY STUDENT CAN CHOOSE THE TEXTS HE/SHE CONSIDER MOST USEFUL TO PREPARE HIS/HER EXAMINATION. OF COURSE, THESE TEXTS MUST BE SCIENTIFICALLY AND DIDACTICALLY APPROPRIATE, AND THEY ABSOLUTELY HAVE TO COVER THE ENTIRE PROGRAM. IN NO CASE, THEREFORE, THE CHOICE OF TEXTS CAN DETERMINE A REDUCTION IN THE QUANTITY AND THE QUALITY OF THE STUDY REQUESTED TO PASS THE EXAM.
IT IS THEREFORE RECOMMENDED TO SUBMIT TO THE APPROVAL OF THE PROFESSORS, BEFORE STARTING THE STUDY, ANY TEXTS CHOSEN IN ORDER TO REPLACE THOSE INDICATED.
More Information
IT MAY BE USEFUL TO CONFIRM THAT, NATURALLY, INFORMATION AND CONTENTS OF THIS TAB APPLY TO ALL STUDENTS AND THEREFORE ALSO TO ERASMUS STUDENTS. IN ANY CASE, FURTHER DIDACTIC AND ORGANIZATIONAL INFORMATIONS (E.G. ABOUT THE CONTENTS OF THE COURSE, THE EXAMINATION, THE DIDACTIC MATERIALS) CAN BE TAKEN ONLY BY CONTACTING THE PROFESSORS (G.DANGELO@UNISA.IT OR CELEFANTE@UNISA.IT) AND BY CONSULTING THEIR WEBSITE PAGES: (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE). REQUESTS FOR CLARIFICATION OF EXAMINATIONS SHOULD BE MADE WELL IN ADVANCE OF THE EXAMINATION DATE. THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.
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