Revisiting the Fundamentals of Internal Market Law: Civil Society as a Third Sector between the State and the Market
(2011) European Business Law Review — Vol. 22, n° 6, p. 725 (Décembre) (2011)
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- Abstract
- At a time when Europe is looking for a third way between neo-liberalism and social democracy, this paper proposes to revisit the State/Market divide by examining the impact of the 'right of establishment' and the 'freedom to provide services' on policies that favour the provision of welfare services by organised civil society defined as a third sector between the State and the Market. To this end, an analytical distinction will be drawn between social solidarity, which refers to the redistributive policies of the welfare state, and civil solidarity, which manifests a political community's preference for civil society organisations in welfare delivery. The thrust of this paper is to argue that, in both Smits and Peerbooms, pursuant to which delivering welfare is an economic activity, and Watts, according to which the way welfare is delivered in the home state does not matter, the European Court of Justice has cast doubt on the hands-off approach initially adopted in Sodemare and Humbel, wherein social solidarity was clearly positioned in the non-economic sphere so that services financed essentially by the State and the civil solidarity structure through which those services are delivered would escape the reach of Community law.
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Busschaert, G. (2011). Revisiting the Fundamentals of Internal Market Law: Civil Society as a Third Sector between the State and the Market. European Business Law Review, 22(6), 725 (Décembre). https://hdl.handle.net/2078.5/33073 (Original work published 2011)