Portale di Ateneo - En.Unibs.it

The course will address first of all from the point of view of chronological evolution the discipline that has affected the legal figures related to the so-called third sector and the field of cooperation. Specifically, it will focus on the social formations that are currently defined as Third Sector Bodies (under the new Code) to examine the constitutional, regulatory, operational and internal organizational procedures. It will then address the peculiarities that qualify the discipline of this category of entities in the pursuit of their typical corporate purpose and in relations with the public administration and employees, and then approach the issue of controls to which they are subject since their registration in the National Register. It will also examine in depth that particular form of company that takes the name of cooperative society, taking into account both cooperatives with a prevalent mutualistic purpose and those without a prevalent mutualistic purpose, in order to analyze the peculiarities of their constitution, ordinance and function also as a consequence of the reform of company law.

The course will address both the third sector and the cooperative sector (mainly mutualistic and not). As for the first, it will start from the evolution undergone by the legal discipline of the third sector with regard to the framework law on voluntary work (l. 266/1991), the law on Onlus (l. 460/1997); to reach the legal qualification of the third sector category introduced for the first time in the framework law on social services (n. 328/2000). Passing through the discipline of social promotion associations (n. 383/2000), the course will then come to examine the reform of the third sector last approved (Code of the third sector: Legislative Decree 117/2017) which introduced the general definition of Third Sector Body (ETS) with reference to a plurality of organizational forms of which, in addition to structural peculiarities, will be taken into account those relating to the corporate purpose and the type of legal relationships both internal (with employees) and external (with public administrations, including registration in the National Single Register). This broad and general training base will be the background to the second main theme of the course aimed at focusing on the specific cooperative sector as modified as a result of the company law reform. In this latter regard, will be analyzed the constitutive, structural and organizational modalities as well as the functional peculiarities in relation to the special regime enjoyed by both prevalent mutual cooperatives (including social cooperatives) and non-prevalent mutual cooperatives. Finally, from a supranational point of view, the issue of the European Cooperative Society will also be addressed (EC Regulation 1435/ 2003).