Unit
- Course
- Social policies, welfare systems and non profit sector
- Study-unit Code
- A005459
- Curriculum
- In all curricula
- Teacher
- Lyda Favali
- Teachers
-
- Lyda Favali
- Hours
- 60 ore - Lyda Favali
- CFU
- 8
- Course Regulation
- Coorte 2025
- Offered
- 2025/26
- Learning activities
- Caratterizzante
- Area
- Formazione giuridica
- Sector
- IUS/01
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course aims to introduce students to the fundamental principles of private law applied to Third Sector entities, using clear and accessible language. It is designed for those training in social, political, and welfare fields, such as future social workers, operators in the public and private social sectors, or experts in planning interventions and services in collective and social contexts. The Third Sector includes a wide range of non-profit organizations operating for civic, solidarity, and social utility purposes. These include associations, foundations, volunteer organizations, social enterprises, social cooperatives, and other entities recognized by the Third Sector Code (Legislative Decree 117/2017), the reference legislation regulating the non-profit sector in Italy. The course adopts an interdisciplinary perspective, combining legal, economic, social, and public policy analysis knowledge, aiming to place the Third Sector legislation within the broader framework of welfare, civic participation, and governance of personal services. A core part of the course is the comparative analysis of the main European and international models regulating the Third Sector. These models differ in terms of regulation level, funding strategies, and forms of civil society involvement, providing useful frameworks to understand and critically evaluate the characteristics and specificities of the Italian context. The course is divided into two main modules: • Introductory Module (about 20 hours): Introduction to the Italian Civil Code and its fundamental provisions applied to Third Sector entities, focusing on legal persons, internal structures, asset management, liability, contractual types, and the study of statutes and founding documents. • Specialist Module (about 40 hours): The course delves into the Third Sector Code (Legislative Decree 117/2017), with particular attention to the classification of Third Sector Entities (ETS), governance, transparency, financial instruments, relationships with public administration, activities of general interest, and fundraising methods including crowdfunding. A comparative analysis with European and international legal models (e.g., France, Germany, Spain, and Nordic countries) is included, highlighting different approaches to regulation, funding, and civic participation, thereby offering tools to understand the specificities of the Italian model within the European context.
- Reference texts
- • Marilena Gorgoni, Il codice del terzo settore. Commento al Decreto legislativo 3 luglio 2017, n. 117, Second updated edition with Ministerial Decree of 15 September 2020, Pacini Giuridica, 2021 • Supplementary materials (laws, rulings, case studies) provided by the instructor
- Educational objectives
- The course provides a solid legal foundation on the main private law institutions applied to the Third Sector, with accessible language and a practice-oriented perspective. It is designed to complement the training of professionals active in public and private welfare systems — such as social workers, Third Sector operators, planners, and public officials — offering useful tools to understand and manage the legal-organizational profiles of non-profit entities. The approach is interdisciplinary and comparative: alongside civil law fundamentals, the course analyzes the discipline introduced by the Third Sector reform (Law 106/2016 and Legislative Decree 117/2017), with constant references to the most relevant European models. This allows students to place legal norms within the broader framework of social policies and governance systems of territorial welfare. By the end of the course, students will be able to: • Understand the essential concepts of private law applicable to Third Sector entities. • Know and interpret the main provisions of the Third Sector Code (Legislative Decree 117/2017), focusing on civil, organizational, and management aspects of ETS. • Correctly apply regulations in real operational contexts related to contracts, governance, liabilities, and relations with public administration. • Draft and analyze statutes and founding acts, interpret the responsibilities of social bodies, and understand legal tools for asset management of entities. • Develop a critical and comparative approach to Third Sector law, capable of comparing the Italian model with those of other EU countries. • Acquire legal skills functional to designing and implementing effective and sustainable social interventions.
- Prerequisites
- Successful completion of the Bachelor’s degree exam in Private Law of Persons and Families
- Teaching methods
- A teaching method based on case studies, examination of statutes and real examples, operational simulations, and guided reading of legal texts will be adopted. This approach facilitates linking theory and practice, aiding comprehension of the legal framework and its impact on the daily activities of Third Sector entities. Students will gain useful skills to interact with the non-profit world, understand key legal profiles, and consciously contribute to the design and management of social interventions.
- Other information
- • Erasmus students may agree on a personalized program and take the exam in English. • Continuous support through individual or group tutoring is provided. • The thesis may focus on one of the topics covered in the course.
- Learning verification modality
- The final evaluation is an oral exam consisting of 3-4 questions covering both modules: private law notions applied to the Third Sector and the in-depth study of the Third Sector Code. The exam lasts between 30 and 45 minutes, during which the student must demonstrate solid command of technical-legal language, analytical skills, and critical understanding of the topics. The oral exam usually begins with a free question chosen by the student and aims to evaluate knowledge, understanding, and presentation skills. For attending students, an optional written test is held at the end of the first module, consisting of 15 multiple-choice questions and 2 open-ended questions, lasting about two hours. Passing this test allows exemption from the first module in the final exam, with the corresponding grade contributing one-third to the overall evaluation. This test is optional and not recorded in the SOL register. Working students may request exemption upon presenting appropriate certification. Those who pass the exemption will take the final exam only on the second module but may choose to take the entire exam if desired. The grade of this second test will count for two-thirds of the overall evaluation. If a student wishes to anticipate the exam to a year prior to the scheduled one in the study plan, it is recommended to attend the lessons and take the exam at the first available session after the end of the lessons
- Extended program
- The course aims to provide students with a solid legal foundation on the main private law institutions applied to the Third Sector, using accessible language and a practical perspective. It targets professionals in social, public, and private social sectors (social workers, planners, welfare operators), offering tools to understand and manage the legal aspects of non-profit entities. The approach is interdisciplinary and comparative, integrating civil law fundamentals with the specific regulations introduced by the Third Sector reform (Law 106/2016 and Legislative Decree 117/2017), enriched by an analysis of the main European and international models. Module 1 – Private Law Institutions for the Third Sector (about 20 hours) This first part provides essential legal foundations to understand the nature and functioning of Third Sector entities, through selective study of the fundamental private law institutions. The goal is to offer a critical yet accessible reading key of the main civil law categories reinterpreted in light of the specific needs of the non-profit world. Topics covered: • Sources of law and relations between the Civil Code and the Third Sector Code • Legal persons: recognized and unrecognized • Legal capacity and capacity to act • Contracts: requirements, types, nullity • Obligations and civil liability of entities and their administrators • Assets, real rights, constraints, and succession • Statutes and founding acts: structure, contents, modifications Through a practical and interdisciplinary approach, it is highlighted how many Civil Code provisions, though born in a traditional context, continue to play a crucial role even after the introduction of the Third Sector Code, integrating or sometimes being overridden by the latter. Module 2 – The Third Sector Code and ETS Law (about 40 hours) The second module is the most advanced and in-depth part of the course, dedicated to the detailed study of the Third Sector Code (Legislative Decree 117/2017), which redesigned the legal framework of non-profit entities in Italy, introducing a systematic and innovative structure. Topics covered: • Structure and principles of the Third Sector Code • Classification of ETS (APS, ODV, social enterprises, foundations, cooperatives) • Constitution and registration in the National Third Sector Register (RUNTS) • Internal governance, social bodies, roles, and responsibilities • Activities of general interest and other activities • Economic-financial instruments: fundraising, donations, sponsorships, crowdfunding • Relations with public administration and collaboration tools • Analysis of recent case law and real statutes Comparative Approach: Particular attention is given to comparison with the legal models of France, Germany, Spain, and Nordic countries. The French Social and Solidarity Economy emphasizes participatory governance and access to social finance tools; Germany is based on the fiscal principle of gemeinnützigkeit (public utility), with a decentralized structure and strong controls; Spain legally recognizes the Third Sector and promotes institutional involvement in social policies; Nordic countries adopt a universalistic model where non-profits are integral to the public welfare system. These models differ in regulation degree, funding strategies, and civic participation forms, offering essential comparative perspectives to assess strengths and weaknesses of the Italian model. Expected Outcomes By the end of the course, students will have an integrated view of the rules regulating the Third Sector, be able to navigate between the Civil Code and the Third Sector Code, and have developed practical skills for the legal-administrative management of ETS, with critical awareness of challenges and opportunities, also considering European and international models.
- Obiettivi Agenda 2030 per lo sviluppo sostenibile
- The course contributes to the following SDGs: • 4: Quality Education – Basic legal education • 8: Decent Work – Occupational role of ETS • 10: Reduced Inequalities – Social inclusion • 16: Strong Institutions – Culture of legality • 17: Partnerships for sustainable development