2.8 Conclusions

This article examined and analysed legal forms and structures that have been tailor-made specifically for use by social enterprises. In particular, the article examined three national legal frameworks, namely the legal frameworks in Belgium, Greece and the UK. These countries have regulated the concept of social enterprises in their national laws. They have thereby introduced special tailor-made legal forms that social enterprises may adopt. The content of legal rules for social enterprises was systemically analysed within the research scope of specific legal factors that have been extracted from the Commission’s definition concerning social enterprises, namely: (i) social purpose; (ii) participatory governance; (iii) accountability and responsibility; and (iv) financial structure.

Subsequently, the article identified the differences and similarities in the content of the legal rules as regards their function and concluded that there were identifiable similarities and differences in the three examined legal frameworks and analogous legal forms. The similarities in the examined tailor-made legal frameworks for social enterprises highlight the existence of a similar substantive core in the legal characteristics of the compared legal forms for enterprises with social objectives. These similarities indicate that a harmonised tailor-made legal framework for social enterprises in the EU could be developed and could be based on a similar core. The aforementioned similarities may prove useful in refining and making more concrete the operational definition and the standards that currently apply to social enterprises at the EU level. Conversely, perceived differences can be viewed as confirming the existence of a substantive periphery in the legal characteristics of the compared legal forms that can vary according to the context of the various legal systems considered. The similarities and differences can be further examined according to legal cultures and legal traditions.