Legal Mapping

Abstract

Deliverable 2.2 (D 2.2), in line with the objectives of SWINS and its commitment to advancing a modern social policy, seeks to map the various strands of European Union (EU) law relevant to social services within the scope of Work Package (WP) 2. WP2 focuses on developing an advanced theoretical and analytical framework on the relationship between a rights-based social investment approach to social services and the transition towards sustainable well-being. The legal mapping is grounded on desk-based legal research, and aims to assessing the extent to which EU regulatory frameworks, broadly conceived of, either facilitate or hamper the provision of social services at the national level. In this respect, D 2.2 foregrounds a deeper understanding of how EU law supports social investment and the broader shift towards sustainable well-being. The deliverable revolves around three overarching and intertwined research questions: 1. How are social services conceptualised, legally defined and regulated (directly or indirectly) across different strands of EU law? 2. How do EU legal rules delimit the scope of national intervention in social services? 3. To what extent do relevant EU legal frameworks create normative tensions or ambiguities that affect national social investment? In answering these questions, D 2.2 identifies three main ways through which EU law impacts on social investment and social services: first, EU law frames and orientates social services through EU policies; secondly, it shapes, but also constrains, the provision and delivery of social services through funding mechanisms and regulatory frameworks such as State aid rules, public procurement legislation and other mechanisms. Finally, it enables and transforms social services and investment within the Union through free movement law. D 2.2 attempts to provide an original contribution by mapping and undertaking a doctrinal analysis of the fragmented strands of EU law that frame and orientate, shape and constrain, whilst also enabling and transforming social services, which are often examined in isolation. It further advances the state of the art by identifying inconsistencies and interpretative ambiguities that may hinder the development of social investment, whilst highlighting opportunities for national governments to strengthen social service provision. It also demonstrates how Member States can leverage EU law to deliver more effective and responsive services for diverse populations. To best exemplify the mapping of social investments across the EU, D 2.2 places a particular emphasis on Vocational Education and Training (VET) and social housing via case studies in Section 6. Healthcare, long-term care and other social services are addressed throughout the report, given the plurality of regulatory frameworks applicable to their provision. The focus on VET and Social Housing reflects key priorities in current EU law. First, the Draghi Report identifies VET as a vital pillar for addressing EU skills gap, reducing persistent labour shortages, and driving sustainable economic competitiveness. It also positions social housing as foundational economic infrastructure, in that that the housing crisis dampens labour mobility and productivity. The European Parliament (EP) has formally pushed to address the housing crisis as a social priority and the European Commission has launched the first ever European Affordable Housing Plan. Thus, Social Housing is currently at the forefront of the EU social action. Taken together, VET and social housing illustrate how EU law operationalises the broader shift towards social investment: VET enhances human capital and labour market participation, while social housing ensures basic social stability and inclusion. D 2.2 adopts a broad definition of social services that centres on services in kind, rather than direct cash transfers. In that regard, D 2.2 addresses both publicly provided social services and social services provided by the ‘social economy’. As discussed in this deliverable, EU law and policy impact on the deployment and provision of social services in Member States through a combination of soft-law instruments, funding mechanisms, regulatory frameworks, and free movement rules. While not all EU instruments are legally binding, they nevertheless influence national priorities, policy design, and implementation choices. The policy landscape that frames and orientates social services policies revolves around the European Pillar of Social Rights (EPSR) which provides an important framework to orientate Member State action. The EPSR is notable in that it links the provision of social services to social rights, as well as to broader objectives such as social protection, labour market inclusion, and equal access. Other EU policies express general social priorities and interact with more concrete legal and financial instruments. EU law shapes the provision of social services through funding mechanisms. In fact, EU funding tools play a significant role in supporting and steering national social services. The EU budget operates through the Multiannual Financial Framework (MFF) and annual budgets, which set spending priorities and limits. Although the EU budget must remain balanced and cannot operate through deficit spending, it has significant policy influence. By allocating funds to areas such as employment, health, education, infrastructure, digital transformation, climate action, and social inclusion, the EU can direct Member State attention toward specific social and economic objectives and determine which forms of social investment are prioritised, and what types of projects are supported. An array of EU regulatory instruments shape and constrain the provision of social services. State aid rules are particularly important in this respect, as they shape the conditions under which Member States may financially support social services. Overall, EU law does not prohibit public funding of social services as such, but it does structure and constrain how their funding mechanisms must be designed and implemented. Public procurement law is another important framework covered in this deliverable that regulates how public authorities spend public funding. Finally, D 2.2 highlights how free movement law has a significant and transformative impact on social services. EU citizenship and the free movement of persons allow access to social services in other Member states. Furthermore, the free movement of services, and freedom of establishment allow cross-border provision. These rules transform social services from purely national arrangements into areas affected by internal market law. Overall, D 2.2 demonstrates that EU law plays a dual role in the development of social investment across the European Union. While it provides financial, policy and legal mechanisms that facilitate social inclusion and support the delivery of social services, it also establishes regulatory constraints that influence how Member States design, finance and administer those services.