Il modello partecipativo del Codice del Terzo settore e la dimensione ecclesiasticistica del principio di collaborazione. Prime note

Legislative Decree n. 117/2017 (Third Sector Code) provides that legal bodies which have obtained the qualification as “Third Sector Bodies” are allowed to co-programming and cooperate with the public institutions in carrying out the general interest activities as requested by the constitutional principle of subsidiarity. This form of cooperation is obliged for the public institutions itself and constitutes one of the most important character of the legal reform of the Third Sector. This paper deals with the significance of these provisions even in the field of the ecclesiastical law of the State. The A. shows that, on the one hand, they could reinforce and implement the principle of collaboration between the Church and the State as well as between religion and the legal system, and, on the other hand, that they could contribute to give the ecclesiastical collaboration a more correct place into the constitutional framework.