Designing Legal Frameworks for Social Enterprises
Practical Guidance for Policy Makers
Increasingly, countries are recognising the contribution social enterprises make to economic and inclusive growth and sustainable development. While some form of legislation on social enterprises exists in 16 EU countries, and explicit policies or strategies to boost their development exist in the other 11 EU countries, policy makers recognise that legislation can help address current shortcomings and facilitate future social enterprise development. Based on consultations with more than 80 experts, policy makers and stakeholders from 10 European countries, this manual explains the rationale behind legal frameworks for social enterprises, identifies the critical factors for legal framework design and recommends actions to ensure legislation fully meets the needs of social enterprises. It lays out the fundamental steps related to the life cycle of legal frameworks and provides options that policy makers can use in the design and implementation process.
Case study – The Brussels 2018 Ordinance on social enterprises (Belgium): An inclusive policy-making process to co-construct a legal framework for social enterprises
Based on the EMES International Research Network approach of the social enterprise, the 2018 Ordinance establishes a set of criteria organised in three dimensions – social, economic and governance – and defines ‘social enterprise’ as private or public legal entities that implement an economic project, pursue a social purpose, and exercise democratic governance. In addition, the legal framework sets out the public support schemes that social enterprises can leverage, including financial and non-financial assistance.
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