Social Services Of General Interest Research Articles

Social services of general interest in European regions: a look at "territorial cohesion" in the economic crisis context

Social services of general interest in European regions: a look at "territorial cohesion" in the economic crisis context

REGULATION OF PUBLIC SERVICES IN THE ADMINISTRATIVE CODE OF ROMANIA: CHALLENGES AND LIMITATIONS

Background: In 2019, in Romania, a legislative event of special importance took place – the adoption of the Administrative Code. The scientific problem addressed in this article refers to the way in which the recently adopted Code realises the general regulation of public services respecting the best practices in order to create a good administration that is flexible and adaptable to the constantly changing needs of citizens today. Methods: This article investigates how the general regulation of public services in the Administrative Code is realised, taking into account the trends manifested in the field at the EU level and in comparative law. The categories of public services with which the EU operates (services of general economic interest, non-economic services, and social services of general interest) and the concept of universal service are highlighted. Then, the principles of organisation and functioning of public services in France, Germany, Italy, Spain, and the UK are investigated. In a separate section, the challenges and limitations in the regulation of local public services are analysed critically against the Administrative Code of Romania, starting from the regulation of the EU and the good practices observed in comparative law. Results and Conclusions: At the end of the article, I proposed we use the observations resulting from research on the Administrative Code to increase the degree of administrative convergence with the other member states of the EU.

Special Tax Zones and State Aid Rules: New Perspectives for EU Cohesion Policy

State aid rules do not usually offer sufficient space for territorial tax measures to address the social issues of the most disadvantaged areas of the EU. The aim of this article is to find out the coordinates of a new model of special tax zones that can overcome these limitations on the basis of the concept of social tax incentives through an investigation on the possibilities left by the Altmark criteria and Article 106(2) Treaty on the Functioning of the European Union (TFEU). The literature and other legal sources on the topic are analysed, including the main experiences of the Member States and the key aspects related to the ‘social services of general interest’. The article concludes with the presentation of the so-called ‘social cohesion zone’ as a new instrument for the EU cohesion policy based on social tax incentives, in accordance with the fundamental values of the treaties and the constitutional traditions of Member States. The final recommendation consequently addresses the adoption of a soft law instrument that can give evidence of the social cohesion zone within the field of EU tax law. Special tax zones, State aid rules, Social cohesion policy, EU tax law, Territorial tax incentives, Regional fiscal aid, Social tax incentives, Social services of general interest, Altmark criteria, Social cohesion zone

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

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.

Social services of general interest: coordinating european, national and local actions for social inclusion. The EKKA network as a case-study

<p>This paper contributes to the development of a broader framework for the identification of the key features of a functional system of social services and benefits. This should allow for the elaboration of a social services’ network ruled by common general principles and values. Related to this subject is the aim to determine –based on international experience and practices– the best way to deal with both local and national needs and vice versa. After introducing the framework of analysis used to interpret the experiences of social services providers across the European Union, we present the EKKA (National Centre for Social Solidarity) Network as an example of a coordination pole connecting the<br />European, the national as well as the local level. We conclude this paper by highlighting the civic added value of the activities of social services, and<br />voluntary social services in particular, with regard to the European Union and in the light of criteria such as their non-profit character, the special legal mandate given to them as civic actors, their mission within society, working with volunteers in particular, and their quality management system used to maintain adequate quality standards.</p>

Researching Social Services of General Interest: An Analytical Framework Derived from Underlying Policy Systems

This paper discusses Social Services of General Interest, a political term of the European Union, which lies at the heart of the European Model of Society and Cohesion concepts. How and why is the organization and provision of services across Europe rooted in, and shaped by, the prevailing national constitutional components of social welfare and spatial planning systems? A high degree of interrelation between these two systems is confirmed and Social Services of General Interest are detected and conceptualized as a substantiation of components of both systems. In a concluding step, an analytical framework is introduced which enables us to research Social Services of General Interest from different angles for the purpose of deploying promising policy solutions.

The business of childcare in Europe

This article is based on work undertaken for the European Commission (EC) as part of a wider project on what is termed ‘social services of general interest’. The EC is currently engaged in considering what kind of legislative and quality assurance mechanisms might be promoted for those social services, which have been opened up to competition. The EC work reported here mapped the extent to which early education and childcare (ECEC) is provided by private organizations in the member states of the European Union, and what regulatory frameworks exist for such services. This article foregrounds the situation in the UK, and England in particular. England is exceptional in Europe in the degree to which it has conceptualized and promoted childcare as a business or for-profit enterprise; and it has developed a regulatory framework with a narrow scope which excludes or limits such issues as financial regulation, access, pay and conditions of work for staff, and accountability measures.

The provision of Services of General Interest in Europe: regional indices and types explained by socio-economic and territorial conditions

This paper analyses the provision of services of general interest (SGI) in European regions. The EU policy goals connected to SGI address fair access and support for social and territorial cohesion. A comprehensive view of SGI and, specifically, the different domains of Services of General Economic Interest and Social Services of General Interest enable us to discuss regional dependencies in respect of SGI provision in relation to various territorial, social and economic contexts. Significant patterns of SGI provision on two regional levels - European and sub-national - are detected, and socio-economic conditions are identified as the prime drivers.

The Organisation of Social Services in the European Welfare Market

The aim of this paper is to give a brief overview of the organisation and functions of entities involved in the provision of social services in the welfare market. Public and private not for profit bodies are involved in planning and collaborating on the provision of the welfare system. In the particular field of social services of general interest, the constant evolution of European law is perceived as a source of uncertainty, given that the focus is on the concept of “economic activity”. The European Court of Justice has stated that for a given service to qualify as an economic activity under internal market rules the essential characteristic is that it must be provided for remuneration. The economic nature of a service depends not on the legal status of the service provider (such as a non-profit making body) nor on the nature of the service, but rather on the way a given activity is actually provided, organised and financed. Under EU law, this means that social services can be considered as economic activities to which internal market rules apply, with no regard for the legal status of the provider, which can be a local authority or a ‘for-profit’ or ‘not-for-profit’ organisation whereas only a truly charitable organisation would avoid being bound by European law.

The Commission strategy for supporting the quality of social services of general interest across the European Union

Introduction: The announcement of the Commission strategy for supporting the quality of social services of general interest (SSGI) across the European Union in the Communication on “services of general interest, including social services of general interest: a new European commitment”. The reasons for a quality framework: First, when dealing with a variety of providers, public authorities need to clearly define the services they are delegating and thus the quality they expect. Second, societal challenges and changing needs have a direct impact on the demand for SSGI, which has increased and has become more sophisticated. Enhancing SSGI quality and efficiency is essential in order to address this increasingly more sophisticated and evolving demand for SSGI and to foster the ability of users to make informed choices. Third, a consistent part of SSGI addresses the (multiple) needs of vulnerable users. A EU Quality framework will enhance their ability to make informed choices, thereby strengthening equitable access to SSGI. Fourth, the expanding and more complex demand for SSGI raises the need for sufficient and well-trained human resources. Finally, in the EU context, the debate on SSGI quality and efficiency acquires a special value also because of the cross-border dimension of SSGI provision. The Commission strategy—three complementary actions: (1) Financing via the PROGRESS programme bottom-up initiatives aimed at developing mechanisms for the definition, measurement, assessment and improvement of SSGI quality. These initiatives, which have started at the end of 2008, cover a variety of SSGI, such as long-term care services to elderly people, services for the integration of migrants, services to people with disabilities, services to homeless people and childcare services. (2) Financing public authorities training programs, which will notably focus on how to guarantee the delivery of quality services when applying public procurement rules and state aid rules for the selection and the financing of SSGI providers. (3) Supporting the development, within the Social Protection Committee, of a voluntary quality framework for SSGI. This will provide a tool that public authorities and other relevant stakeholders can refer to in order to define, measure and assess SSGI quality and therefore to promote high-quality SSGI.