Luca Gori

The Italian Third Sector Reform and the Regional Governments' degree of autonomy

  • Abstract

Informations and abstract

Keywords: Third Sector Organizations; Third Sector Legislation; Regional Government; Private-Public Sector Relationship; Subsidiarity.

The 2017-2018 Third Sector Reform provides a new national legal framework defining «Third Sector Organizations» (TSO) and «general interest» activities, in line with the subsidiarity principle established in article 118 of the Italian Constitution. The essay aims at exploring how Regional Governments enforced the Reform, and whether they were able to pursue their own policies with respect to general interest activities and TSOs. A new regional third sector legislation is in fact developing as a result of the dialogue among the State, the Regions and the judicial power - particularly the Constitutional Court, and the Administrative judges. Even though implementation delays have introduced a quite problematic level of uncertainty, some Regional governments are experimenting with new approaches to the Third Sector. The article provides an overview of these recent trends, and sheds light on a number of key elements that can help place into perspective and appreciate forthcoming legislative, administrative and judicial decisions.

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