Marta Tigano

State grants to private schools and awarding criteria: the variety (or the «dynamicity») of the (new) legal entity

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Abstract

The present essay takes as basis some recent rulings of the administrative judge concerning private schools. According to these decisions, state contributions to this class of schools are granted giving preference to private schools which actually offer courses without receiving any profit. The Author reports that special and dynamic forms of legal personality (connected with their activities rather than their status) prevail on general and static ones. According to the Author, this factor raises subtle problems of balancing when their legal treatment (which is connected with their juridical regime rather than with their activities) comes from a special and bilateral set of rules, as it happens for ecclesiastical entities.

Keywords

  • Private Schools
  • State Grants
  • Legal Entity

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