University of Vaasa - Vaasan yliopisto

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The present paper aims to review the state of the art in relation to social enterprises,
analysing different legal frameworks and different definitions proposed. Based on
such review, the paper seeks to identify the dimensions relevant to characterize social
enterprises against other types of organizations and to perform a comparative
analysis among European countries. Finally the paper formulates the research
questions that will be developed during the PhD programme. The paper is articulated
as follows: section 2 presents the legal forms of social enterprise. In European
countries, section 3 discusses the social enterprise definition, section 4 try to define
the dimensions of social enterprise and at the last session are proposed the key
research questions.
Legal Form of Social Enteprise in European Countries
In the last 20 years, the debate about social enterprise in Europe increasingly
focused on its specific aims and its role in the welfare systems. This also determined
the emergence of a complex and diversified legislative framework.
At present, no specific legislation exists at the European Community level, though
the directive and legislation on European cooperative societies may represent a
starting point in this direction.
In Europe, there are very different concepts of SE and different legislative
framework regulating its governance, activities, ownership…: even where a clear
legal notion of social enterprises emerges, different legal systems balance
entrepreneurship and social mission, and rank stakeholders’ interests differently
within the governance of the organisation (OECD 1999).
To provide a picture of the state of the art, I analyzed the legislative framework of :
Belgium, Italy; Finland, United Kingdom Community, Portugal, French.
The analysis of the legal forms, lead to the identification of three different models
developed in different legal system:
1. The “co-operative model”, in which social enterprises are regulated by law as
particular co-operative companies characterised by social goals.
2. The “company model”, as derived from the form of a for-profit corporation
though characterised by social outcomes and limited distribution constraints.
3. The “open form model”, as legally defined with respect to social outcomes
without a specific legal form being selected.
Each country examined cannot necessarily be associated with a single model: indeed
in some cases two different laws in the same legal system regulate, respectively, two
types of enterprise (for instance). This paragraph will compare the various models as
outlined above and the laws which shape these models.(Table 2.1 )