Third Sector Organizations in a European and Comparative Legal Perspective

This chapter aims to analyze third sector law in a comparative perspec- tive, on the basis of the existing legal framework in ten European countries, taking as a point of reference the Italian Code of 2017. Italy is the only country with a specific legislation on the “third sector”. However, in the other European national legal systems, organizations equivalent to third sector organizations, or at least to a part of them, are recognized and regulated. The comparison between the Italian law of the third sector and the law of public benefit organizations and social enterprises, in force in other countries, shows the presence of many similarities. A common core of European third sector law can therefore be identified. On the other hand, as the chapter aims to demonstrate, the third sector is distinct from the social and solidarity economy sector as defined by national laws providing for it. The chapter also discusses EU law and policies on the organizations concerned and underlines the importance of EU legal intervention in this field.