75429 - Non profit law

Learning outcomes

Students will be provided with a comprehensive understanding of the legal aspects and of the role of non profit organisations as providers of services of general interest and as well as of their relationships with public authorities.

Course contents

THE PROGRAMME

The Course will analyse the legal and organisational aspects of non profit organisations, especially when they co-programme and co-deliver services of general interes in partnership with public authorities. The Course will also be concerned with the role of NGOs engaged in the delivery of health services to migrants.

THE CONTENTS

1. Non profit organisations and social enterprises in the light of the 2017 Third Sector Reform Act.

2. The Non-Governmental Organisations (NGOs)

3. EU law and non profit organisations 

4. The legal relationships between public authorities and non profit organisations

Readings/Bibliography

Mandatory readings:

Alceste SANTUARI, Manuale di diritto dell'economia degli enti non profit, Bononia University Press, Bologna, 2020 (Chapter IV excluded).

Alceste SANTUARI, The provision of health care services to migrants in times of welfare crisis: a new role for Non-Governmental Organisations (NGOs)? The case of the Italian health and legal system, in Rivista del Diritto della Sicurezza Sociale (RDSS), n. 4/2017, pp. 715-738.

Attending students may prepare the final examination on the basis of the notes taken during classes. Should it be needed, they will refer to the textbook and the article in English.

Additional references:

Alceste SANTUARI, I servizi socio-sanitari: regolazione, principio di concorrenza e ruolo delle imprese sociali, Torino, Giappichelli, 2019

Alceste SANTUARI, Work integration social enterprises (WISEs): a legal and innovative form to promote the right to work of people with disabilities, in Italian Labour Law e-Journal, Vol. 13(2), 2020, pp. 145-158

Alceste SANTUARI, Social enterprises in the European Union and the Italian 2017 Social Enterprises Reform Act: A legal framework for other jurisdictions?, in Third Sector Review, Western Australia, Volume 26, Number 1, pp. 161-179

Alceste SANTUARI, Dalla mutualità interna alla mutualità esterna: la visione del giurista, in A. MATACENA, Le cooperative imprese “altere”. Mission, governance e accountability, FrancoAngeli, 2017, pp. 195-226

Teaching methods

The teaching method is traditional. Case-law and some case studies will also be analysed.

The course's tutor is Dr. Luca Neretti (luca.neretti2@unibo.it)

 

Assessment methods

Oral exam. Interviews are aimed both at testing the understanding/knowledge of the various topics and individual's critical analysis. Final grades will be given as follows:

• from 18 through 22 (out of 30): sufficient knowledge and analysis together with a formally correct language;
• from 23 through 26 (out of 30): adequate knowledge, sufficient analysis, though not particularly accurate, expressed with correct language;
• from 27 through 29 (out of 30)in-depth knowledge of the different topics, good capacity of analysis and personal understanding together with a competence of specific terminology;
• from 30 through 30 with honours (our of 30): in-depth and wide knowledge and understanding of all topics, excellent skills, especially expressed in linking the different issues

Please note that the assessment methods may change according to the progress of the pandemic Covid-19.

Teaching tools

Additional teaching material and the power point presentations will be made available to students on the course's website.

Office hours

See the website of Alceste Santuari