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Recognition and legal Forms of Social Enterprises in Europe: A Critical Analysis from a Comparative Law Perspective

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  • Antonio Fici

Abstract

Social enterprise lawmaking is a growth industry. In the United States alone, over the last few years, there has been a proliferation of state laws establishing specific legal forms for social enterprises. The situation is not different in Europe, where the process began much earlier than in the United States and today at least fifteen European Union member states have specific laws for social enterprise. This article will describe the current state of the legislation on social enterprise in Europe, inquiring into its fundamental role in the development of the social economy and its particular logics as distinct from those of the for-profit capitalistic economy. It will explore the models of social enterprise regulation that seem more consistent with the economic growth inspired by the paradigms of the social economy. It will finally explain why, in regulating and shaping social enterprise, the model of the social enterprise in the cooperative form is to be preferred to that of the social enterprise in the company form.

Suggested Citation

  • Antonio Fici, 2015. "Recognition and legal Forms of Social Enterprises in Europe: A Critical Analysis from a Comparative Law Perspective," Euricse Working Papers 1582, Euricse (European Research Institute on Cooperative and Social Enterprises).
  • Handle: RePEc:trn:utwpeu:1582
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    File URL: http://www.euricse.eu/publications/wp-8215-recognition-and-legal-forms-of-social-enterprise-in-europe-a-critical-analysis-from-a-comparative-law-perspective/
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    Cited by:

    1. Dedeurwaerdere, Tom & De Schutter, Olivier & Hudon, Marek & Mathijs, Erik & Annaert, Bernd & Avermaete, Tessa & Bleeckx, Thomas & de Callataÿ, Charlotte & De Snijder, Pepijn & Fernández-Wulff, Paula &, 2017. "The Governance Features of Social Enterprise and Social Network Activities of Collective Food Buying Groups," Ecological Economics, Elsevier, vol. 140(C), pages 123-135.

    More about this item

    Keywords

    Social enterprise; Social economy; Cooperatives; Comparative law; Non-profit corporate governance;

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • L31 - Industrial Organization - - Nonprofit Organizations and Public Enterprise - - - Nonprofit Institutions; NGOs; Social Entrepreneurship

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