LAW OF THE THIRD SECTOR

Carmela ELEFANTE LAW OF THE THIRD SECTOR

0160100401
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2019/2020

YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
872LESSONS
Objectives
THE TEACHING AIMS TO PROVIDE THE STUDENT WITH THE KNOWLEDGE AND CRITICAL AND TECHNICAL-APPLICATIVE KNOWLEDGE AND SKILLS RELATED TO THE PARTICULAR LEGAL AREA, NAMED THIRD SECTOR, THAT REGULATE AND SUPPORT THE AUTONOMOUS INITIATIVE OF CITIZENS, SINGLE AND ASSOCIATED, FOR THE GOAL, WITHOUT PROFIT, OF CIVIC, OF SOLIDARITY AND SOCIAL UTILITY PURPOSES, BY CARRYING OUT ONE OR MORE ACTIVITIES OF GENERAL INTEREST, IMPLEMENTING THE CONSTITUTIONAL PRINCIPLES OF PERSONALISM AND SOLIDARITY, HORIZONTAL SUBSIDIARITY AND SOCIAL, ETHICAL AND RELIGIOUS PLURALISM.

THEREFORE, EXPECTED LEARNING OUTCOMES ARE:
1) KNOWLEDGE AND UNDERSTANDING.
THE STUDENT WILL BE ABLE TO:
A) KNOW AND UNDERSTAND THE FUNDAMENTAL PRINCIPLES, RULES AND INSTITUTES OF THE THIRD SECTOR DISCIPLINE, TO GRASP THE DISTINCTIVE TECHNICAL-JURIDICAL CHARACTERISTICS THAT PROPOSE IT AS A NORMATIVE SUBSYSTEM TOWARDS WHICH A PLURALITY OF SUBJECTIVE TYPOLOGIES AND SPECIAL LEGAL REGIMES CONVERGE;
B) TO KNOW AND UNDERSTAND THE DYNAMICS OF GENERAL AND SYSTEMATIC ORDER UNDERLYING A LEGAL AREA THAT PROPOSES ITSELF AS THE "THIRD" BETWEEN THE STATE AND THE MARKET AND TO GRASP ITS MEANING AS A PRIVILEGED EXPRESSION OF THE CONSTITUTIONAL PRINCIPLES OF PERSONALISM AND SOLIDARITY, OF THE SOCIAL, ETHICAL AND RELIGIOUS PLURALISM AND HORIZONTAL SUBSIDIARITY;
C) TO KNOW AND UNDERSTAND THE CONNECTION BETWEEN THE JURIDICAL ENHANCEMENT OF THE THIRD SECTOR, TRANSFORMATIONS OF THE WELFARE SYSTEM AND CONTEXTUAL OVERCOMING OF THE TRADITIONAL CONTRAST BETWEEN THE PUBLIC-STATE AREA AND THE PRIVATE-SOCIAL AND SOCIAL-RELIGIOUS AREA;

2) KNOWLEDGE AND APPLIED UNDERSTANDING.
THE STUDENT WILL BE ABLE TO APPLY KNOWLEDGE AND SKILLS ACQUIRED FOR:
A) CORRECTLY IDENTIFY AND APPLY THE RELEVANT PRINCIPLES, RULES AND INSTITUTES IN RELATION TO THE SPECIFIC CASES UNDER STUDY AND RELATED TO THEM WITH TECHNICAL-LEGAL AND ARGUMENTATIVE PROPERTY;
B) RESOLVE QUESTIONS OF INTERPRETATION AND APPLICATION OF THE CURRENT LEGISLATION, TAKING INTO ACCOUNT THE STRUCTURAL AND FINALISTIC PECULIARITY OF THE SUBJECTS INVOLVED AND THE SPECIALTY OF THE RESPECTIVE LEGAL REGIMES;
C) MAKE USE OF IT ALSO IN SUBSEQUENT STUDY CONTEXTS.
Prerequisites
PREREQUISITES ARE NOT REQUIRED. A CONSOLIDATED KNOWLEDGE OF THE ITALIAN LANGUAGE IS REQUIRED, BOTH IN WRITTEN AND ORAL FORM
Contents
MAIN TOPICS:
• CONCEPT AND HISTORICAL-EVOLUTIONARY PROFILES. THE THIRD SECTOR AND THE STATE EVENT (4 HOURS)
• 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)
• THE CONSTITUTIONAL PRINCIPLES. GENERAL FRAMEWORK (2 HOURS OF LESSON)
• THE PERSONALIST PRINCIPLE (2 HOURS OF LESSON)
• THE SOLIDARIST PRINCIPLE (2 HOURS OF LESSON)
• SOCIAL AND ETHICAL-RELIGIOUS PLURALISM (2 HOURS OF LESSON)
• THE PRINCIPLE OF SUBSIDIARITY AND ITS DECLINATIONS (4 HOURS OF LESSON)
• 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)
• THE REFORM OF THE THIRD SECTOR AND THE DELEGATION LAW N. 106/2016 (6 HOURS OF LESSON)
• THE CODE OF THE THIRD SECTOR AND THE RELATED REGULATIONS. GENERAL FRAMEWORK (6 HOURS OF LESSON)
• THE INSTITUTIONS OF THE THIRD SECTOR. GENERAL ASPECTS AND COMMON DISCIPLINE (4 HOURS OF LESSON)
• SPECIAL FIGURES. VOLUNTARY ORGANIZATIONS AND SOCIAL COOPERATIVES (2 HOURS OF LESSON)
• SOCIAL PROMOTION ASSOCIATIONS (2 HOURS OF LESSON)
• ECCLESIASTICAL AND RELIGIOUS BODIES (8 HOURS OF LESSON)
• SOCIAL ENTERPRISE AND BENEFIT SOCIETY (6 HOURS OF LESSON)
• RELATIONSHIPS WITH THE PA (4 HOURS OF LESSON)
• MEASURES OF SUPPORT, PROMOTION AND FINANCING (6 HOURS OF LESSON)
• CONTROLS (2 HOURS OF LESSON)
• THE FUTURE OF THE THIRD SECTOR (2 HOURS OF LESSON)
Teaching Methods
THE COURSE IS PERFORMED IN THE SECOND SEMESTER AND IS COMPOSED OF LECTURES (72 HOURS/8CFU), IN ITALIAN LANGUAGE (8 CFU), 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. IN ANY CASE, ALL STUDENTS CAN TAKE ADVANTAGE OF TUTORIAL ACTIVITIES AND ACCESS TO TEACHING MATERIALS MADE TO THEIR PROVISIONS THROUGH THE TEACHER PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME, FOR PROF. GIUSEPPE D'ANGELO, AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR PROF.SSA CARMELA ELEFANTE) AND THROUGH THE FURTHER CHANNELS INDICATED. THE CALENDAR OF ALL THE TEACHING AND TUTORIAL ACTIVITIES IS REPORTED, FROM TIME TO TIME, WITH SPECIFIC NOTICES PUBLISHED ON THE PROFESSOR PAGES AND ON THE DEPARTMENT WEBSITE.
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 CAPACITY OF UNDERSTANDING OF ITS PRACTICAL AND APPLICATION REVOLUTIONS.
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 CAPACITY AND TO SET AND RESOLVE THE RELATED LEGAL QUESTIONS WITH JUSTIFICATION, RELEVANT JUSTICE TOPICS AND PROPERTIES OF LEGAL LANGUAGE. THE LODE IS ASSIGNED WHEN THE STUDENT SHOWS OTHERWISE WIDER CAPACITY 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 TO APPLY THE ACQUIRED KNOWLEDGE, CRITICAL CAPACITY AND ARTICULATION OF A LEGAL REASONING IN A LINEAR WAY AND TO EXPRESS ITSELF WITH CLARITY AND WITH APPROPRIATE LEGAL LANGUAGE.
Texts
TEXTS:
THE FOLLOWING THREE:
1) M. C. FOLLIERO, ENTI RELIGIOSI E NON PROFIT TRA WELFARE STATE E WELFARE COMMUNITY. LA TRANSIZIONE, GIAPPICHELLI, TORINO, 2010, FROM PAG. 101 TO PAGE 247 (PARTS II AND III)
E
2) L. GORI, IL SISTEMA DELLE FONTI NEL DIRITTO DEL TERZO SETTORE, IN OSSERVATORIOSULLEFONTI.IT, N.1/2018
E
3) A. GIANFREDA, M. ABU SALEM (A CURA DI), ENTI RELIGIOSI E RIFORMA DEL TERZO SETTORE, LIBELLULA EDIZIONI, TRICASE, 2018, FROM PAGE 11 TO PAGE 176.

OR, ALTERNATIVELY:

1) G. D'ANGELO, APPUNTI DI DIRITTO DEL TERZO SETTORE, IN CORSO DI PUBBLICAZIONE.

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
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). THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.
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