The article aims to explore the system of Third sector law sources, after the 2016 global reform. The resulting system has to be considered in a constitutional perspective, especially the issue of the relationship between the autonomy of Third sector organizations (ETS) and the role and powers of public powers. The 2016 reform does not discipline exhaustively the whole matter (despite the name Third Sector Code): sub-legislative sources of law define essential characteristic of ETS. There is also a problematic role of regional law about very relevant aspects concerning the inscription to the new Single national Register of the Third Sector because of the risk of territorial fragmentation. The role of the local legal sources is highlighted: in fact, local sources have brought some innovative contributions to the development of Third Sector Law. There are discrete points of legal tension with the European Union law (especially in the field of fiscal and competition law). It has relevant effects on the entry into force of the Third Sector Code. Finally, it seems to be significantly reduced the space to the sources of private autonomy after 2016 the reform.
Il sistema delle fonti del diritto nel terzo settore
luca gori
2018-01-01
Abstract
The article aims to explore the system of Third sector law sources, after the 2016 global reform. The resulting system has to be considered in a constitutional perspective, especially the issue of the relationship between the autonomy of Third sector organizations (ETS) and the role and powers of public powers. The 2016 reform does not discipline exhaustively the whole matter (despite the name Third Sector Code): sub-legislative sources of law define essential characteristic of ETS. There is also a problematic role of regional law about very relevant aspects concerning the inscription to the new Single national Register of the Third Sector because of the risk of territorial fragmentation. The role of the local legal sources is highlighted: in fact, local sources have brought some innovative contributions to the development of Third Sector Law. There are discrete points of legal tension with the European Union law (especially in the field of fiscal and competition law). It has relevant effects on the entry into force of the Third Sector Code. Finally, it seems to be significantly reduced the space to the sources of private autonomy after 2016 the reform.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
