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fici law third sector organizations europe foundations 2023

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Textbook in PDF format The book The Law of Third Sector Organizations in Europe - Foundations, Trends and Prospects, edited by Antonio Fici, presents and discusses the law of third sector organizations in a selected number of European Union countries and in a comparative perspective, with the aim of providing a common basis for further legal analyses or legislative advancements both at the national and supranational level. The book is divided into two parts. Chapters in Part I present the ways in which each national jurisdiction deals with the group of organizations identified by the authors as “third sector organizations”, regardless of the ways in which these organizations are denominated or are commonly known in each country or the place in which their regulation is found. Chapters in Part II share a synthesis and comparative approach and draw the lines for further developments of the research activity culminated in the book. The subject of this volume—the law of the third sector organizations in Europe—is particularly topical and relevant today. In 2022, when the Terzjus Foundation—at the initiative of its scientific director professor Antonio Fici—first conceived the idea of this work, the relevance that an analysis of the legislation on third sector organizations could have with regard to the orientation of the policies of the European Union was not really clear. Up until that point, the Foundation had primarily focused its efforts on the preparation of a report on the situation and evolution of the law of the third sector in Italy, taking the important legislative reform introduced in 2017 as its starting point. That met with and, indeed, continues to meet with the original mission of Terzjus: to be a centre for the study, research, monitoring and proposal of policies regarding the law in the third sector, providing a service to the typical stakeholders (associations, foundations, social enterprises and cooperatives), as well as supporting the positive evolution of the practices of the public administrations, and, finally, contributing to the positive evolution of the relevant legislation. The original structure which led to the creation of the Terzjus Foundation—which is composed of networks of Italian third sector organizations, large philanthropic foundations, public bodies and professional associations, with the support of a highly skilled Scientific Committee—has enabled the Foundation to draw from a wealth of academic, professional and operational knowledge as it carries out its research. The positive response given to the Terzjus report on Italian third sector law has encouraged the Foundation to set its sights on the European level, which is also a perspective that is clearly specified in its own statutes. This gave rise to the idea of devising a study to analyse ten different cases of legislation on third sector organizations at national level and three transversal contributions dedicated to a comparison of the 10 national cases and overview of European legislation; a comparison with the experience in the United States; and, finally, a deep dive into the barriers and incentives for the development of European philanthropy, written by the secretary general of Terzjus Gabriele Sepio. This book deals with third sector organizations from a comparative legal perspective, and as such it is the first of its kind. This is mainly due to the fact that third sector organizations are a relatively new category of organizations. It was first conceptu-alized in the United States in the 1970s but was almost immediately confused with the more generic category of non-profit organizations. This fact has not contributed to the development of the third sector. Non-profit organizations are characterized by a solely negative element, the non-profit purpose or profit non-distribution con-straint. In contrast, third sector organizations are qualified in positive terms by the pursuit of a “social” or “worthy” purpose, which implies the performance of public benefit or general interest activities without a profit aim. This book helps the reader to gain a clear understanding of the difference between simple non-profit organiza-tions and third sector organizations, thereby contributing to the conceptual autonomy of the latter from the former, notably from a legal point of view. Third sector organizations are recognized by law, with this exact denomination, only in one European country, namely in Italy, where a Code of the Third Sector was enacted in 2017. However, the comparative legal analysis conducted in this book shows that organizations equivalent to Italian third sector organizations are provided for and regulated in almost all the EU countries. In particular, the category of public benefit organizations has the largest number of traits in common with that of third sector organizations. The fact that in many European countries public benefit organizations are regulated in tax law has circumscribed the knowledge thereof to small circles of practitioners and scholars. Public benefit organizations have, more-over, been largely ignored in the institutional debate, also at the European Union level, where other sector labels, such as “social economy entities” or “social enter-prises”, have had more success. The situation seems now to be partially different. Just some weeks ago, the European Commission released a proposal for a recom-mendation on developing social economy framework conditions, accompanied by two staff working documents, one of which focuses on the public benefit status in the EU. Contents Part I National Perspectives on the Law of Third Sector Organizations 1 The Third Sector in Belgium...3 Henri Culot and Joanne Defer 2 The Diversity of Third Sector Organisations in Denmark... 37 Karsten Engsig Sørensen 3 French Economie Sociale et Solidaire in the Middle of the Ford... 5 Véronique Magnier 4 Law in Transition: Reforming the Legal Framework of the Third Sector in Germany... 73 Florian Möslein 5 Third Sector Organisations in Ireland: Assembling the Regulatory Jigsaw Pieces of an Evolving, If Fragmented, Sector... 95 Oonagh B. Breen 6 The New Italian Code of the Third Sector. Essence and Principles of a Historic Legislative Reform... 115 Antonio Fici 7 The Legal Infrastructure of the Third Sector and the Social Economy in the Netherlands... 141 Ger J. H. van der Sangen 8 Third Sector in the Third Republic: An Overview of the Law and Practice in Poland... 163 Arkadiusz Radwan, Marcin Mazgaj, and Przemysław Żak 9 The Legal Regime of the Social Economy Sector in Portugal... 191 Deolinda Meira 10 Social Economy and Third Sector in Spanish Law. Convergences and Divergences... 215 Gemma Fajardo-García Part II European and Comparative Law of Third Sector Organizations 11 Third Sector Organizations in a European and Comparative Legal Perspective... 255 Antonio Fici 12 The Taxation of Social Economy Entities in the Perspective of EU Law... 315 Gabriele Sepio 13 European Law of Third Sector Organizations from the US Standpoint... 339 Dana Brakman Reiser About the Author Antonio Fici is an Associate Professor of Private Law at the Department of History, Cultural Heritage, Education and Society oft he University of Roma Tor Vergata, Italy. With expertise in nonprofit and third sector law, cooperative law, as well as unconventional forms of enterprises like social enterprises and social economy organizations, Antonio Fici is recognized as a lawyer, scholar, and international consultant in these fields. With almost 25 years of experience, his expertise lies in organizational law, particularly in the areas of third sector organizations, nonprofit organizations, public benefit organizations, social economy entities, cooperatives, social enterprises, social cooperatives. He has authored numerous publications, including internationally recognized works, and has curated research reports commissioned by institutions like the European Commission and Parliament. Professor Fici has been a keynote speaker at various conferences in Italy and abroad and has successfully led international research groups. He also served as a consultant to the Italian Ministry of Labour and Social Policies, contributing to the drafting of reform decrees for the third sector. Currently, he holds the position of Scientific Director at Terzjus, an observatory focused on third sector law, philanthropy, and social enterprise

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fici law third sector organizations europe foundations 2023