The Development of Legislation on the Social Economy in Continental Western Europe

Antonio José Macías Ruano,José Ramos Pires Manso

doi:10.3390/resources8030154

Antonio José Macías Ruano, José Ramos Pires Manso

Open Access

https://doi.org/10.3390/resources8030154

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Abstract

One of the main instruments for local development is the regulatory legal framework of the so-called Social Economy, a term and concept that is yet to be fully defined. The society’s approach to the generation of wealth encompasses different concepts, movements, approaches, and ways of acting, all of which pose a challenge to the determination of a precise definition. Within the European Union (E.U.), a common legislative base has been developed, although the specific legislation developed by each Member State has been uneven. The legislation may have started from the same common principles, but each country has adopted different legal forms. This work aims to outline the diverse ways of legislating on a concept that is still under construction and within similar legal frameworks, illustrating the lack of harmony between European states that, despite the sharing of borders and having common legislative foundations, distance themselves in the final legislation, a situation that does not benefit the economic unity of entrepreneurs with social principles.

Highlights

S.E.—Concepts and ContentWe must, from the beginning, point out the variety and diverse nature of the terms used in different countries to describe the concept of S.E. as a way of generating wealth in the economy.As highlighted by Alfonso Sánchez (2010), “the debate about the various names given to S.E. . . .includes the solidarity-based economy and/or the third sector
In order to carry out the analysis and draw relevant conclusions, this paper has studied the three most western continental European countries -Portugal, Spain, and France, given that these countries have common legal traditions, the Latin Continental Law system which contrasts with other legal systems such as the Anglo-Saxon Common Law system, or those closer to the Central European law systems
In the United Kingdom, Malta and Slovenia, concepts such as the Volunteer Sector, Non-governmental Organizations (NGOs) which are similar to Non-profit organizations, are widely accepted in both scientific and political circles

Summary

Justification of This Research

Territorial development, either local or rural, and the social economy (S.E.), are concepts that undoubtedly have common ground. The methodology used in this work is based on the historical institutional and legal analysis, and the comparative system, starting from the doctrinal, institutional and political backgrounds, which are common to all the states of the E.U., and focusing, later, on the singular development of these three countries. It concludes with the similarities and differences in the legal treatment, and the possible effects of such differences as an instrument of territorial development

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