This article examines the legal regulation of the Third Sector (or, better said, non-profit organisations) in the German legal order. To do so, it moves from the absence of a comprehensive notion of Third Sector in the legal conversation and the ensuing attempts to track down a unitary regulation of non-profit entities. In this respect, tax law plays a primary role. Afterwards, the article focuses on the constitutional foundations of the non-profit sector in Germany and the elusive implications of the principle of subsidiarity. Finally, the reform proposals of the Scholz and Merz governments are addressed.
La disciplina del Terzo settore in Germania
Giacomo Delledonne
2026-01-01
Abstract
This article examines the legal regulation of the Third Sector (or, better said, non-profit organisations) in the German legal order. To do so, it moves from the absence of a comprehensive notion of Third Sector in the legal conversation and the ensuing attempts to track down a unitary regulation of non-profit entities. In this respect, tax law plays a primary role. Afterwards, the article focuses on the constitutional foundations of the non-profit sector in Germany and the elusive implications of the principle of subsidiarity. Finally, the reform proposals of the Scholz and Merz governments are addressed.File in questo prodotto:
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