The third sector and social enterprise in Italy

Abstract

The contribution provides an initial reading of the regulatory provisions of Delegated Law No. 106 of May 2016, by which the areas of competence of the Third Sector were formally unified, and of Legislative Decree No. 117 of July 3, 2017 (socalled Code of the Third Sector) as well as Legislative Decree No. 112 of July 3, 2017, on Revision of the Discipline on Social Enterprise. The reflection focuses mainly around the social, economic and legal consequences arising from the introduction of the Code of the Third Sector, addressed in its most relevant aspects and as far as this is necessary for the correct and exhaustive analysis of the main object of this work, paying attention to the principle of horizontal subsidiarity, by virtue of which a channel of shared administration is established between public entities and Third Sector entities, alternative to that of profit and the market. In addition, this paper contains a special reference to the services of "insertion or reintegration into the labor market of workers and disadvantaged or disabled persons" falling within the new activities of general interest of social enterprise. Lastly, there is reference to the Guidelines for the implementation of regional projects aimed at experimenting with outreach facilities for the implementation of which the involvement of Third Sector entities has been envisaged.