The Organisation of Social Services in the European Welfare Market

The article examines the organisation and functions of entities involved in the provision of social services in the particular field of social services of general interest where the constant evolution of European law is perceived as a source of uncertainty, given that the focus is on the concept of “economic activity”. Particular attention is paid to the case-law of the European Court of Justice, that has stated that for a given service to qualify as an economic activity under internal market rules (free movement of services and freedom of establishment), the essential characteristic is that it must be provided for remuneration. The intent is to offer an analysis about the way by which social services can be considered as ‘economic activities’ to which internal market rules apply, with no regard for the legal status of the provider (local authority, ‘for-profit’ or ‘not-for-profit’ organisation).