Building a European Community: social service provision between inclusion and economic interests

Abstract

Inclusion and the associated provision of social services is a central fundamental right in the European Union. Social services of general interest are based on the principles of an inclusive welfare state enshrined in EU primary law. However, the European Commission tends to interpret these social services rather economically. This paper shows that the way in which these services are provided in the Member States is decisive for the categorization of an economic or non-economic activity by the European Commission. Whether social services are to be classified as being related to economic activities and, therefore, subject to the competition and internal market rules depends on their organization and structure.