The reconfiguration of the concerted action reserved to the non-profit initiative based on the regulation of solidarity services of general interest

被引:1
|
作者
Coma, Marti Rius [1 ]
机构
[1] Univ Deusto, Bilbao, Spain
关键词
social economy; social initiative; concerted action; social ser-vices; public-private collaboration;
D O I
10.18543/baidc.2533
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Traditionally, social economy organisations have played a lead-ing role in the provision of social services to citizens. The configuration of the welfare state as a manifestation of the social state led to the incorporation of numerous publicly-owned welfare services provided in collaboration with third-sector social action entities through various public-private partnership instru-ments.However, third sector entities, due to their own intrinsic characteristics, cannot compete on equal terms with for-profit entities in the awarding of contracts for the provision of social services. In this context, concerted action emerged as a means of indirect management of a non-contractual nature for the provision of services to individuals; a model based on respect for the princi-ples of Community law and which, on many occasions, was reserved for non -profit entities. It is precisely this reservation to not-for-profit entities that has been putting the concerted action model at risk. Specifically, its main threat derives from the challenge before the High Court of Justice of the Valencian Community, by the State Association of Home Care Services Entities (ASADE), of the regional regulations governing concerted action, on the grounds that they are unlawful because they exclude for-profit entities.Given the risk that the courts may conclude that the concerted action re-served for non-profit organisations may be contrary to the principles of equal treatment and non-discrimination, as has already occurred with the reserva-tion of public contracts for special social initiative employment centres, it will be necessary for social economy organisations to work on a new approach to concerted action that ensures the current model based on the absence of economic profit in the provision of services to people and the prioritisation of quality care.Thus, this paper sets out the areas on which a reconfiguration of the re-gime of concerted action reserved for non-profit organisations should be based, taking into consideration the differentiation of social services of general economic interest from those of non-economic interest, as services that meet the needs of the most vulnerable citizens based on the principles of equality, universality, solidarity, efficiency and adequacy, not subject to competition law, so that there is a distinction and a specific development for services of general interest of solidarity.
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页码:19 / 50
页数:33
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