On 30 January 2026, at 2:30 p.m., in the Sala Lauree of the Department of Law, University of Milano-Bicocca, a conference will be held entitled “Unrecognised Associations: A Successful Model in the Non-Profit Landscape”.

 

The event aims to offer a shared moment of reflection on the legal framework governing unrecognised associations. In the mind of the  legislator of 1942’s Civil Code, this legal form was expected to remain at the margins of the Italian system; accordingly, the Civil Code dedicates to it only a few articles. Nevertheless, contrary to those expectations, this configuration has over time been adopted by a large number of entities (primarily trade unions and political parties), thanks to the absence of stringent constraints on their activities.

 

Given the scarcity of statutory provisions, the legal regime of unrecognised associations is marked by numerous gaps that doctrine and case law have sought to fill over the years.

 

The meeting will be introduced and chaired by Prof. Gregorio Gitti (University of Milan) and will also serve as an opportunity to present the new volume by Prof. Raffaele Di Raimo (Roma Tre University), Le associazioni non riconosciute e i comitati (Unrecognised Associations and Committees), published within the renowned Trattato di diritto civile e commerciale edited by Cicu and Messineo. The work, part of one of the most authoritative series in Italian legal scholarship, constitutes a key reference for understanding the contemporary role of unrecognised associations – both in theory and in practice – considering the most recent transformations in private law and in the regulation of the Third Sector.

 

The event will open with a speech by Prof. Fabrizio Piraino (University of Palermo), entitled “The Specific Nature of Unrecognised Associations Between Individual and Meta-Individual Interests”. The presentation will explore the dual essence of these entities: on the one hand, the freedom of self-organization by individuals pursuing shared purposes; on the other, their orientation towards collective or diffuse interests that transcend the horizon of the single member.

 

Next, Prof. Giovanni Iorio (University of Milano-Bicocca) will address “The Associative Dimension of Italian Think Tanks”. Through an analysis of representative examples, the presentation will highlight the growing role of these organizations as laboratories of political and cultural elaboration, often structured as unrecognised associations due to their flexibility and their capacity to adopt governance models free from legislative formalities. The discussion will offer insights into the relationship between the legal regime of unrecognised associations, their public mission, and their ability to influence social and political debate.

 

Prof. Mario Renna (University of Siena) will then speak on “Public Benefit Organisations: National Models and Uniform Trends.” The talk will show how Italian Third Sector law possesses distinctive features within the European context, while several Member States have enacted laws recognizing and promoting organisations that pursue, on a non-profit basis, activities of general interest for socially valuable purposes. Genuine public benefit organisations are thus emerging, within which unrecognised associations play a significant role. The presentation will also take into account, while respecting national specificities, the proposal for a directive on European Cross-Border Associations (ECBA).

 

Subsequently, Prof. Emanuele Tuccari (University of Pavia) will focus on “The (Open or Closed) Structure of Unrecognised Associations: Private Autonomy and Assets”. Building on a passage from Professor Di Raimo’s volume, the lecture will address the admission of new members to unrecognised associations – a “classic” issue in legal scholarship, which has gained renewed relevance following the reform of the Third Sector (introducing the principle of the so-called “open door”). However, the general Civil Code provisions on unrecognised associations do not appear to exclude alternative solutions.

 

The session will close with a presentation by Dr. Martina D’Onofrio (University of Milano-Bicocca), entitled “Issues Concerning the Limitation Period and Liability of Directors of Unrecognised Associations”. The contribution will deal with a problematic issue emerging in recent case law: the limitation of directors’ liability towards the association, focusing particularly on the starting point and suspension of prescription for such actions.

 

Overall, the conference seeks to provide a comprehensive understanding of a legal model that has proven over time to be both remarkably contemporary and highly adaptable to the needs of modern society. Unrecognised associations represent an agile, inclusive, and dynamic instrument for the pursuit of collective aims, and today they constitute a keystone of the Third Sector. The meeting on 30 January will thus offer an occasion to discuss both the potential and the critical aspects of a model that continues to evolve and to raise fundamental questions in the general theory of private law.

 

(Focus by Martina D’Onofrio)