5.2 General conclusions

This doctoral thesis provides an answer to the main research question by examining how the element of participatory governance in tailor-made legal forms, which is a key characteristic for social enterprises in domestic European jurisdictions, works in practice.

Initially, Chapter 2 demonstrates that scholarly attempts focus on the pursuit of a common definition for the social enterprise concept. However, in this doctoral thesis, the Commission’s definition for the social enterprise is used as the basis of examining stakeholder participation in the governance of social enterprises. The Commission’s definition outlines key characteristics of social enterprises in the EU, which are identified in the VSO, Koinsep, and the CIC legal forms, also including the key characteristic examined in this doctoral thesis, i.e. the participatory governance.

In Chapter 2, this doctoral thesis demonstrates that on the basis of the different understandings of the social enterprise, the majority of EU countries have developed national laws which are tailor-made to social enterprises. Due to varying understandings of social enterprises, the national laws are rather varied. Still, in essence, they provide for legal frameworks, i.e. tailor-made legal forms for social enterprises, that can be classified into three categories. These include: (i) the legal label/legal status; (ii) the cooperative legal form; and (iii) the company legal form.

Based on the above classification, Chapter 2 examines and compares three tailor-made legal forms for social enterprises which are examples of each one of the aforementioned categories, i.e. the legal forms of the VSO in Belgium, the Koinsep in Greece, and the CIC in the UK. In this way, Chapter 2 contributes to the scholarship which examines the introduction of the social enterprise concept into law.1

The comparison in Chapter 2 indicates similarities and differences between the rules provided in the tailor-made legal forms. Similarities and differences are identified concerning the key characteristics of tailor-made legal forms. One of those is – amongst others – stakeholder participation in the governance of social enterprises prescribed, which is empirically examined in this doctoral thesis. In this way, Chapter 2 also contributes to comparative studies of tailor-made legal forms for social enterprises in the EU.2