Reform of the Third Sector, still delays
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The so-called Growth Decree - in addition to providing a series of concessions for Italian companies, also in favor of SMEs e startup innovative - spoke on the reform of the Third Sector. By making some changes to the legislative decrees 3.7.17 n. 112 (social enterprises) and n. 117 (so-called Third Sector Code), specifically dedicated to Third Sector Entities (ETS).
'They are third sector entities voluntary organizations, social promotion associations, philanthropic bodies, social enterprises, including social cooperatives, association networks, mutual aid societies, associations, recognized or unrecognized, foundations and other entities of a private individuals other than companies established for the pursuit, non-profit, of civic, solidarity and social utility purposes by carrying out, exclusively or principally, one or more activities of general interest in the form of voluntary action or free disbursement of money, goods or services, or mutual aid or production or exchange of goods or services, and registered in the single national register of the Third sector'. (1)
The Third Sector Code however, it conditions access to the rules envisaged for the ETS - in terms of operations and benefits (including tax concessions -) upon registration in the Single National Register of the Third Sector (RUNTS). (2) And the Growth Decree, in granting a further extension (to 30.6.20) of the deadline offered to ETS and social enterprises to update their statutes, contributes to the delay in starting the reform. (3) However, without there being any need, given that this last extension has occurred , without notice, close to the deadline of August 3.8.19, XNUMX. Therefore, most of the entities had already taken steps to adapt their respective statutes.
Paralyzed Third Sector Reform
The delays of the two governments that have followed have in fact paralyzed the reform of the Third Sector, so extensive and complex as to require 41 application measures (!), including decrees of the Presidency of the Council of Ministers, ministerial and inter-ministerial decrees, guidelines. The registration procedures for the RUNTS, entrusted to the implementation decree of the Ministry of Labor, had to be defined by 3.8.18. (4) And yet there is no news of it to this day. Beyond the promise of the Third Sector General Manager at the Ministry of Labor, Alessandro Lombardi, on 18.7.19, to take action by next autumn.
The actual operation of the Register it therefore remains without a certain horizon. Considering that the issuing of the aforementioned decree must be followed, in the following 180 days, by the regional provisions and by the autonomous provinces. The IT structure will then have to be set up, which in turn should be operational within the following 6 months. The years fly by and the Third Sector remains tied to the stake, unable to express its extraordinary capacities for social innovation. But those responsible for this unacceptable delay, as usual, do not pay a pledge.
Dario Dongo and Selena Travaglio
Note
(1) For the definition of Third Sector Entities (ETS), see Legislative Decree 117/17, article 4, paragraph 1. More information on https://csvpadova.org/wp-content/uploads/2018/05 /IB_1_Who_are_the_ETS.pdf
(2) See Legislative Decree 117/17, art. 4, paragraph 1
(3) See law 58/19, article 43, paragraph 4-bis
(4) Legislative Decree 117/17, art. 101, paragraph 12
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Lawyer, specializing in intellectual property rights. LL.M. in agri-food law.
