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THE NEW ITALIAN CO-OPERATIVE LAW AND CO-OPERATIVE PRINCIPLES Antonio Fici

THE NEW ITALIAN CO-OPERATIVE LAW AND CO-OPERATIVE PRINCIPLES Antonio Fici. Paper presented at the symposium “ Co-operatives, legislation and public policy ” (Sobey School of Business, Saint Mary’s University, Halifax, Canada, 19-21 June 2009).

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THE NEW ITALIAN CO-OPERATIVE LAW AND CO-OPERATIVE PRINCIPLES Antonio Fici

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  1. THE NEW ITALIAN CO-OPERATIVE LAW AND CO-OPERATIVE PRINCIPLESAntonio Fici Paper presented at the symposium “Co-operatives, legislation and public policy” (Sobey School of Business, Saint Mary’s University, Halifax, Canada, 19-21 June 2009)

  2. Tab. 1. Co-operative enterprises in the ISTAT census of 2001 2001 * excluding public institutions Source: Zamagni-Zamagni, La cooperazione, Bologna, 2008, 85 Tab. 2. Co-operative enterprises in 2005 2005 Source: Unioncamere, Secondo rapporto sulle imprese cooperative, 2006

  3. Tab. 3. The Italian co-operative movement in 2005 Source: Zamagni-Zamagni, cit., 89

  4. Tab. 4. The co-operative register (at 15 January 2006) Source: Unioncamere, Secondo rapporto sulle imprese cooperative, cit. Tab. 5. Co-operatives in Europe 2008 Source: Co-operatives Europe, October, 2008, in www.coopseurope.coop

  5. The context. Italian Constitution on co-operatives «Private economic initiative is free … it cannot be carried out against social utility or in a way that hinders security, freedom and human dignity» (art. 41)but«The Republic recognises the social function of co-operation with mutual character and without private speculation purposes. The law promotes and favours its growth with the most appropriate means, and ensures, with appropriate controls, its character and purposes» (art. 45)

  6. The context. European Commission on co-ops «Cooperatives are an excellent example of a company type which can simultaneously address entrepreneurial and social objectives in a mutually reinforcing way» (communication COM(2004) 18, of 23 February 2004, on the promotion of cooperative societies in Europe)«[they are] … vehicles for the implementation of many Community objectives in fields like employment policy, social integration, regional and local development, agriculture, etc.» (ibidem)

  7. Tab. 6. “Mainly mutual” and “other” co-operatives

  8. Tab. 7. Voting rights. Exceptions to the “one member, one vote” rule

  9. Fig. 1. Systems of administration and control Three-tier/default system ASSEMBLY BODY OF DIRECTORS BODY OF SUPERVISORS ACCOUNTS AUDITOR

  10. ACCOUNTS AUDITOR One-tier system ASSEMBLY BODY OF DIRECTORS AUDIT COMMITTEE

  11. Two-tier system ASSEMBLY ACCOUNTS AUDITOR SURVEILLANCE BOARD MANAGEMENT BOARD

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