Delegated responsibility: The figure of amministratore di sostegno between legal changes and the flexibility of law
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Angela Genova
Publishing Year 2020 Issue 2020/2
Language Italian Pages 20 P. 143-162 File size 339 KB
DOI 10.3280/SD2020-002007
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In the context of the legal changes that have affected the Italian society over the last two dec-ades, this article investigates the figure of amministratore di sostegno, introduced by law in 2004, as care responsible for people in condition of fragility. At the macro level, the analysis delves into the evolution and characteristics of such legal change. At the micro-level, it focuses on the case study of the Marche region, in relation to people with disabilities in the case of ab-sence of parents or family members. The data relating to the transformation of the law into liv-ing practice show several critical aspects: in fact, the analysis highlights that the flexibility, characterizing Law n. 6 of 2004, provides wide space for delegating to social services and civil society the responsibility for caring of fragile people. Such result seems to confirm the process of de-juridification of society. This trend poses the risk of increasing inequalities at local level, within the Italian residual and familistic welfare system, characterized by already severe re-gional differences.
Keywords: Administrator - responsibility - delegation legal change - social services
Angela Genova, Responsabilità delegata: l’amministratore di sostegno tra mutamento giuridico e flessibilità del diritto in "SOCIOLOGIA DEL DIRITTO " 2/2020, pp 143-162, DOI: 10.3280/SD2020-002007