N e w s l e t ­t e r 2/2009 Observatory for the Development of Social­ Services in Europe

The cross-border activities of the Liebenau spaces for young and old” as well E d i ­t o ­r i ­a l Foundation as assisted living apartments and a children's daycare centre. After Dear reader, assuming the patronage of a Swiss For the last ten years, the Stiftung Liebenau – a Christian- “We work for people in Europe”: foundation for elderly care and “Observatory for the Development motivated foundation with its this is Stiftung Liebenau’s corpo- acquiring a majority holding in the of Social Services in Europe” has main office in the southern Ger- rate strategy. The Foundation’s “Dorfplatz in Oberhelfenschwil” been monitoring social and man town of Meckenbeuren – is international involvement began cooperative, the Foundation will health issues at European level an independent organisation eleven years ago with the estab- now direct its attention towards with the aim of keeping you informed on the evolution of the operating on the basis of Catholic lishment and provision of support South Tyrol, where cooperation professional debate in this area. principles and offering a broad services – a children’s house, a structures are being prepared in range of social, health and educa- welfare centre, a soup kitchen – as the area of care for the elderly and The Observatory project will be drawing to a close in December tion services. well as the introduction of vari- the disabled. Meanwhile, 12 % of 2009. We are taking advantage ous educational and qualification Stiftung Liebenau's overall business of this last newsletter to look It runs some 200 social facilities projects in Bulgaria and the foun- takes place outside Germany. back on the project years since for the disabled and the elderly dation of the Bulgarian-German 1999 and to summarise the essen- as well as educational and health welfare association in cooperation The pan-European involvement tial aspects of our work (on facilities and in-patient, out- with the Bulgarian Orthodox arch- of Stiftung Liebenau is an impor- this topic, cf. the contribution of Observatory staff members patient and community-based diocese of Varna and Veliki Preslav tant factor in forging closer ties Annette Angermann and Kathrin programmes and services in some and Stiftung St. Franziskus Heili- between the nations of Europe. Linz on pages 7 and 8). 90 cities and municipalities in genbronn. Enough to eat, regular The Foundation's networks extend In the Guest Column, former Germany, Austria, Switzerland and school attendance, medical care across national borders, and its Observatory staff member Mathias Bulgaria. Overall, more than 5,500 and nursing assistance in illness operations foster exchanges of Maucher examines the evolution employees work for the Founda- and old age are concepts that still knowledge and experience and of social services in Europe in tion, which provides support, care cannot be taken for granted in Bul- encourage shared learning and the last few years. In his analy- or treatment for more than 15,000 garia, the country with the lowest development processes. The Foun- sis, social services are in a field people every year. There are also economic power in the EU. For this dation’s Helios nursing home on of tension between competition and public-interest orientation. more than 1,000 volunteers work- reason, the Foundation’s objective the shores of Lake Constance in His former colleague Cornelia ing for the organisation. in Bulgaria is to offer help towards Switzerland, for instance, specifi- Markowski looks at the reform self-help and pro- cally caters to the needs of senior of European state aid law and the vide support and citizens from migrant families by effects of these changes on social assistance on a tem- offering care within residential services in Germany. porary basis. groups with native-speaker person- In the Main Report, current nel. It is a project that also opens Observatory staffers Birgit 1998 was also the up interesting new approaches for Sittermann and Sabrina Stula year when Stiftung geriatric care professionals in Ger- look back at EU policies of the last few years and their effects Liebenau launched many and Austria. on social services. a subsidiary organi- sation for elderly The European idea was also the In contrast, the editorial arti- cle deals with the present: care services in Aus- driving force behind a project it presents the cross-border tria. This organisa- called the Brussels Circle, a col- work of Stiftung Liebenau. This tion now has some laboration of the major Protestant Foundation represents the point 530 employees and and Catholic social enterprises in of view of service providers with 170 volunteers who Germany, which has included Stif- regard to European regulations provide care in elev- tung Liebenau since the year 2000. on social services. en nursing homes. We will keep you informed about The Austrian branch The advantages for all stakeholders our future work. of the Foundation of Stiftung Liebenau’s European also operates hous- orientation are quite clear. Through Enjoy your reading! ing projects – its multiple cross-border activities, The editorial team special residential the Foundation has a large pool of

© European Communities, 1995–2009 Communities, © European forms such as “life knowledge and experience in the 2 I Newsletter Observatory for the Development of Social Services in Europe

field of social work. This means and economic systems in individ- cial and health workers and more Until 2005 or thereabouts, efforts that all of the Foundation’s serv- ual countries constitute a hurdle transferability of social services. In had focused on classifying social ices and facilities are well-placed that will need to be overcome. It is this context, the EU should assume services of general interest (SSGIs) to find out whether knowledge therefore important to have broad a kind of monitoring function as being either of “economic” or gained in one particular region and up-to-date information about and, as well as guaranteeing basic “non-economic” nature. In this is transferable to another. Specifi- the local cultural circumstances of equal treatment for all providers, regard, the Communication on cally, experience gathered in the other regions. Partnerships with it should also ensure that profes- SSGIs published in April 2006 field of elderly care in Austria and local operators are very helpful in sional qualifications are formally made the very clear statement Switzerland has clearly shown that fostering this type of exchange of recognised and training contents that nearly all services in the an international perspective can knowledge. adjusted to meet pertinent stand- field of social welfare constitute be a huge benefit for similar serv- ards. For this reason, Stiftung an economic activity within the ices in all other regions. Stiftung Liebenau believes that tak- Liebenau supports the objective meaning of Articles 43 and 49 of ing health and social services into of the European Commission to the Treaty (freedom of establish- Operating in a variety of European consideration in the competition develop special and separate regu- ment/freedom to provide services). countries can also be an advantage for services in the internal market latory structures for health and The question of whether the from the point of view of business is essential for all EU Member social services, and it is committed, requirements of Community law management. An organisation States in order to give new impetus within the scope of its member- are compatible with the modali- that is active in a number of differ- to the health and social sector. ship in the Brussels Circle, to con- ties of organisation, regulation, ent welfare systems has a greater However, national and regional tribute its expertise and formulate delivery and financing of social degree of independence and secu- conditions should not be ignored. its demands within the scope of services stipulated by governments rity. Besides, understanding other Creating transparent competitive political dialogue at EU level. and public authorities at national, welfare systems and cost structures structures can improve the quality regional or local level thus runs also benefits the public debate on and efficiency of services, e.g. by As a result of its activity in other like a consistent thread through future developments in one’s own facilitating their cross-border com- countries of the EU and in Swit- all discussions, policy debates country. parability, increasing the degree zerland, Stiftung Liebenau has to and judicial decisions. One ques- of their specialisation and differ- cope with the challenges of vary- tion that has not been settled in A more unified Europe offers not entiation, and also focusing more ing framework conditions in the a definitive manner is whether only the opportunity for common on the objective requirements and individual EU Member States on a the functions of social services, social standards or even a specific needs of customers by individualis- day-to-day basis. The permanent their organisational characteristics “European welfare model”: it also ing the services on offer. Lowering presence of a European perspec- and the distinctive features of brings new challenges to providers the obstacles that face cross-border tive must be the objective. This their users should have a merely of social services. Under the EU services in a competitive environ- goal can be reached only by coop- descriptive character or whether Treaty and the envisaged EU con- ment means that new services can eration between the EU and the these special factors can be used stitution, social services are subject be created in new environments national states. Interest in cross- directly, for instance to justify and to national regulation, and Mem- and that the quality, degree of border experience is visibly grow- embody into law derogations or ber States structure their social sys- specialisation and customer-ori- ing, as is the awareness that the adjustments, above all in the area tems themselves. However, the EU entation of these services can be EU is an indispensable prerequisite of Community state aid or public plays an indirect role in this proc- improved in a manner beneficial and a guarantor for a prosperous procurement legislation. ess, as the effects of the European to the welfare systems of all EU Europe able to serve the welfare of internal market meanwhile extend Member States. For this to be pos- its people. Policy development at European to the area of social services. The sible the structuring modalities of level is significantly affected by internal market is a geographic the services cannot be restricted Dr. Berthold Broll impulses and influences that have space without internal borders any more than they are at present Chairman of Stiftung Liebenau a lot to do with the main objec- that allows unrestricted traffic and providers’ options to establish tive of the EU – the realisation of a of goods, persons, services and and offer services must be ex- Anja Mattes common market – but little or less capital. According to the Services panded. Cross-border competition Assistant to the Board of Management with the content or the organisa- Directive, services being offered in the social area should not serve tion of social policy. This explains within the EU are no different to facilitate maximum profits but For further information: why Community law and decisions from goods. Examples of this prin- to improve the quality of the serv- www.stiftung-liebenau.de of the European Court of Justice ciple can be seen in the tendering ices and ensure that costs remain www.bruesseler-kreis.de play such a decisive role in the process for social services or in the reasonable. areas of “competition”, “state aid” concept of EU-wide patient mobil- and “public procurement”. For a ity. In the EU, cross-border health As with financial and transport G u e s t C o l u m n long time, this orientation did not care will constitute one of the services, the Services Directive also correspond to the priorities set by more important challenges of the does not cover health and social players in the political arena or to coming years. The trend towards services. As a result, the possibility Social services in the the challenges and requirements increasing freedom for the provi- of gaining competitive advantages field of tension between as seen from the point of view of sion of health care and medical in a more competitive and flex- competition and ­ institutions providing social serv- services in EU countries other than ible environment and of passing ices and actual users of the services a patient's own is counteracted by these advantages on to clients in public-interest orienta- out in the field. The former, for numerous barriers created by com- the form of increased specialisa- tion – some thoughts ­ instance, want competition to be plicated regulations and complex tion and higher service quality has on policy development structured on the basis of quality administrative procedures. Oppor- been lost. 1 rather than primarily (or only) on tunities created by the Services Di- at EU level the basis of prices, while for the rective such as market chances or The aim should not be to protect latter the elements of primary growth and employment potential Europe’s Social Economy from Priorities have shifted over the last importance are rights and possibili- in the social and health market competition for the best possible five years. Since 2007, policy proc- ties of participation. The quality will be offset by risks like the prob- services for people and to remove esses have been evolving along debate should create a connection lem of declining quality standards it from the regulatory framework the twin lines of “Community between discussions and processes in the course of implementation of of a Services Directive. Above all, law” (which is binding) and “qual- that until now have been quite a genuine internal market for serv- what the Social Economy needs is ity framework” (the voluntary distinct. ices. Furthermore, the highly var- more freedom of establishment, component) on the basis of com- ied structures of the political, legal more freedom of movement for so- mon principles to be developed. Newsletter Observatory for the Development of Social Services in Europe I 3

2 Even though the Treaty of Lisbon – should it Looking back, we can identify the • Particularly before the back- have been ratified by all 27 EU Member States whether social services are super- following main points, which also drop of growing demand and by the end of the year – may not change the ordinate to the internal market basic distribution of responsibilities, it neverthe- give us an idea of open issues and increasing cross-border mobility less explicitly underscores the shared respon- and have a special role to play challenges: and undocumented migration sibility of Member States and the European in fostering social cohesion, the Union for the functioning and the financing of • The European Commission ap- (especially women from Central services of general interest and gives increased social integration of disadvan- proaches the issue from the and Eastern Europe in the area value to policy management by governments taged persons and activation of and state authorities in the Member States. point of view of the provision of nursing and geriatric care), civic engagement in our commu- of services, favouring a model issues of qualification and work- nity. Instead, focus shifted increas- that involves the re-regulation of ing conditions for people work- ingly on issues of detailed legal social markets in a manner that ing in the social area are taking Was that all? – A look interpretation. One reason for would be compatible with the on a pan-European dimension. back at the reform of this was surely that the European objective of establishing an inter- The Commission has therefore European state aid ­ Commission, with its initiatives, nal market for services. recently been looking more intended for this kind of debate • This approach is basically closely at the challenges associ- legislation from the to develop. Another reason for “blind” to any forms, models ated with these conditions; for point of view of social this development was the fad- or solutions that might exist governments and providers of services in Germany ing political support at European beyond the scope of state or social services, this opens up a level for the creation of a special market, as they are being put new area for the exchange of In 2005, the European Commission position for the social sector. Any forward by organisations of the good practices and cooperation published two papers – both of exploration of the leeway avail- social economy – for instance and/or policy coordination. major significance for the social able for the organisation, funding proposals that link economic • The question of an appropriate sector – on the reform of state and provision of social services in activity with the realisation of legal framework for SSGIs has aid rules, which regulate the Germany under these conditions social policy objectives. been postponed until the issue permissibility of state subsidies to invariably had to lead to a legal • At best, the Commission’s of ratification of the Lisbon enterprises and organisations. The debate of individual problems, approach inadequately attempts Treaty2 has been clarified. The “State Aid Action Plan” described a discussion which for the most to fill the social policy functions following options still exist: Brussels’ policy timetable for part has not been concluded to of SSGIs in terms of integration 1) a framework directive for all reducing state subsidies and gener- this day. and social cohesion, and it is sectors of services of general ally improving the efficiency of poorly equipped to do justice to interest including network-based their application over the coming The debate focused on practical the role of non-profit organisa- services; 2) in addition and/or years. The so-called “Monti pack- issues, e.g. how specifically the tions. It is equally unable to deal independently of this option: age” defined in more concrete amount of a state subsidy must with civic commitment, which a sector-based directive for terms the prerequisites under be described in advance and the Commission interprets first SSGIs; 3) the further develop- which non-profit enterprises and how costs for the involvement and foremost as an element ment of existing provisions and organisations could receive state of volunteers or for pastoral or liable to distort competition. their application in the social funding in derogation of the gen- human support can be calculated • In the face of the variety of area, (if necessary) with certain eral ban on state aid and without in assessing the cost of service existing welfare-state models, it adjustments. being subject to the otherwise delivery. How can the obligation views mechanisms of financial necessary elaborate application of earmarking and re-investing solidarity and the acceptance of Mathias Maucher process. profits quickly (an obligation to reduced efficiency (for instance Social Policy Coordinator, SOLIDAR, which every non-profit institu- in workshops for people with Rue du Commerce 22, B-1000 Brussels For German stakeholders, these tion is subject) be taken into disabilities) as being permissible, E-Mail: [email protected] initiatives were seen as being part consideration as being a restric- but such structures must then of the ongoing debate on social tion of normal corporate freedom be justified by evidence that SOLIDAR is a European network of services in the field of tension of decision? What constitutes they serve the common good. 53 NGOs active in over 90 countries work- between competition and public- inadmissible overcompensation This is “putting the cart before ing to advance social justice in Europe interest orientation (cf. also the by state subsidies, and, more gen- the horse”, so to speak, as SSGIs, and worldwide. SOLIDAR lobbies the EU contribution by Mathias Maucher erally, what forms of state aid, integrated as they are in local and international institutions in three in this issue of the newsletter). for instance tax advantages for structures and welfare cultures, primary areas: social affairs (more social And, here too, the debate soon non-profit organisations, must be constitute a core element of Europe), international cooperation (devel- moved away from the question of taken into account in the calcula- social protection systems. opment cooperation) and education (life- • The transnational initiative to long learning for all). For more info please define common principles for visit the website: www.solidar.org. the delivery of high-quality 1 A few publications exploring this issue in social services can be to the greater depth: 1) Schulz-Nieswandt, Frank: advantage of regulatory bodies Daseinsvorsorge in der Europäischen Union. In: Linzbach, Christoph et al. (eds.) (2005): and providers but also of ordi- Die Zukunft der sozialen Dienste vor der nary citizens if these principles europäischen Herausforderung. Baden-Baden: Nomos, p. 397–423; 2) Institute for Social Work are developed in such a man- and Social Education (ISS) (ed.) (2006): Commu- ner as to take into account as nication on social services of general interest in the European Union [COM(2006) 177 final]: constitutive factors the financial Expert meeting for the purpose of analysing, resources and performance assessing and discussing related issues and further steps. Frankfurt am Main: ISS; levels that exist in the various http://www.soziale-dienste-in-europa.de/Anlage/ systems, the quality and quan- Et_Mitt_SDAI_2006.pdf; 3) Huber, Manfred/ Maucher, Mathias/Sak, Barbara (2008): Study tity of staffing and the working on the Situation of Social and Health Services conditions of employees. The of General Interest in the European Union. Brussels, 2008; http://ec.europa.eu/employ decisive question is: are we pri- ment_social/spsi/ssgi_en.htm; 4) Maucher, marily talking about defining Mathias: Social services of general interest at the crossroads of competition on social markets minimum standards for market- across Europe and the guarantee and realisa- able services, or is the public- tion of the common good. In: Potůček, Martin et al. (eds.) (2009): Social Rights, Active Citizen- interest orientation of SSGIs the ship and Governance in the EU. Baden-Baden: main reference point of policy Nomos (forthcoming)]

development? 2009 Communities, © European 4 I Newsletter Observatory for the Development of Social Services in Europe

tion of overcompensation? What M a i n R e p o r t s scope of action is there for ex post facto adjustment or increase of state allocation if significantly Social services and ­ more social services than initially the EU – Spotlight on ­ estimated had to be provided

in a particular allocation period a complex debate 2009 Communities, © European in order to guarantee adequate coverage? This debate has led to The debate on the effects of EU the elaboration of a number of policy on social services has been guidelines to facilitate the practi- an ongoing component of the Ob- cal application of the rules1. servatory’s work. In keeping with this focus, the following article will The debate on state aid has now review some of the central aspects settled somewhat, though this is of the extensive discussion on this surely unjustified in view of the subject. After looking at the evolu- continuing uncertainty surround- tion of social services in general, ing the allocation practice of the article will describe the situa- public authorities. In late 2009, tion in health services and in long- the European Commission will be term care. In its conclusion, it will looking back at the consequences then point to the current quality of the Monti package in the EU debate in social services. Member States. It will be interest- ing to see how the new European One of the basic issues of the de- Parliament reacts and whether bate has been and continues to be: anyone in Brussels will want to should social services be subject to reignite the global debate on the the EU internal market and com- role of social services mentioned petition rules? Before answering at the beginning of this article. this question, we should begin by In spite of these developments, In July 2008, the European Com- Again and again, stakeholders in clarifying the terms themselves. both the providers of social services mission (as part of the so-called the field of social services have Social services of general interest and state authorities still have un- Social Package10) published a di- been calling for an arrangement (SSGIs) are understood as compris- certainties regarding the applica- rective proposal on the application that releases non-profit institu- ing two large categories1: statutory tion of Community law – particular- of patients’ rights in cross-border tions – at least partly – from the and complementary social security ly with regard to the more detailed healthcare11 based on a number European ban on state aid and schemes (mutual or occupational features of public procurement of ECJ decisions. The proposal sug- the elaborate application process. organisations which e.g. cover legislation and state aid.7 In 2007, gests framework conditions on the The timing could be favourable, risks such as those linked to health in an effort to clarify these uncer- implementation of a European as the Treaty of Lisbon, which is or ageing), and services provided tainties, the European Commission internal market for health services expected to come into effect in directly to the person (e. g. social published a Communication and which would facilitate the pur- early 2010, offers more concrete housing or services helping people two working papers on frequently chase of health services abroad as options for such arrangements. in times of crisis or fostering social asked questions on state aid and well as the reimbursement of the integration).2 public procurement legislation; in costs incurred (including provi- The adjustment process of state early 2008, it also created an “inter- sions on quality and security, reim- aid regulations must and will be Much like in the case of the more active information service” to han- bursement of costs, and coopera- continued. The task of social serv- extensive category of services dle questions relating to SGIs 8. tion between the health systems). ices in Germany at this point is of general interest (SGIs)3, a dis- Critics of the directive proposal to put off debate over individual tinction needs to be made as to Health services, which are also fear that such a directive might details in favour of a more com- whether SSGIs are of an economic classified as services of general increase inequalities in healthcare. prehensive political initiative and or non-economic nature, as only interest, have been defined as a After long discussion, the directive to seek dialogue with European the former are subject to EU regu- separate category and discussed was accepted by the European legislators to ensure that social lations on competition and the separately since 2006. Parliament in first reading on services are given the value they internal market. Whether the 23 April 2009. The Swedish EU deserve in view of their essen- institution providing the service is In the last few years, the increas- Presidency wants to achieve politi- tial role for community life in public, non-profit or commercial ing mobility of persons, goods and cal agreement by December 2009. Germany. is irrelevant in this case; the only services and ECJ case law (rulings relevant factor is whether the serv- on the assumption of costs for out- As in the area of health services, Cornelia Markowski ice is being performed in a market patient services received abroad) there are also great differences Head of the Department of International and whether a fee is being paid for have, together, blurred the exist- between the Member States in Affairs at the German Association for it. Basing its decision on rulings of ing system boundaries of the the delivery of long-term care Public and Private Welfare the European Court of Justice (ECJ), healthcare system. ECJ case law in services. In the last few years the European Commission stated particular has given the citizens of there has been a broad European 1 German Association for Public and Private clearly in 2007 that (S)SGIs are ba- Europe greater leeway to receive trend towards a market-oriented, Welfare “Arbeits- und Orientierungspapier des Deutschen Vereins zum europäischen Beifhil- sically to be classified as economic medical services in Member States modernised management and ferecht – Fokus soziale Dienste”, 24 November activities.4 other than their own. These many control system; private facilities 2006, NDV 2007, 21 ff.; “Handreichung zum Monti-Paket”, 23 June 2006, AllMBl. 8/2006, individual decisions of the Europe- and market-based principles are p. 302 ff.; European Commission “Commission an Court have created a new and now being given greater weight. Staff Working Document – Frequently asked In order to nevertheless do justice questions in relation with Commission Decision to the special character of SSGIs, extended basis for rights going Another trend has been the cross- of 28 November 2005”, SEC(2007) 1516 final these services, like health services, beyond the rights granted by the border recruiting of care person- of 20 November 2007; Ministry of Econom- ics, SMEs and Energy of the State of North were removed from the scope of regulations coordinating the social nel from new Member States or Rhine-Westphalia “EG-Beihilfenrechtskonforme application of the Services Direc- security systems of the Member from third countries (and the crea- Finanzierung von kommunalen Leistungen der Daseinsvorsorge”, May 2008 tive.5 Subsidies and public service States (one of these the so-called tion of a market in the grey to out- compensation are also permitted migrant worker regulation9). right illegal area of informal and under certain conditions.6 private care). Since 2004, these Newsletter Observatory for the Development of Social Services in Europe I 5 and other topics have been the It will be interesting to follow the S o c i a l S e r v i c e s Social services programmes cover subject of exchanges between the further development of social poli- the needs of specific population Member States within the scope cy at European level. In addition to i n E u r o p e groups. These programmes are of the Open Method of Coordina- the outstanding ratification of the designed in such a manner as to tion (OMC)12. The objective of these Lisbon Treaty, a consultation proc- react to processes and situations of exchanges is to encourage closer ess on the so-called post-Lisbon Social services in Spain social exclusion, to find solutions cooperation between the Member strategy is expected to begin in au- and to foster processes that can States in their efforts to modernise tumn 2009. It can be assumed that Social services in Spain are part of improve the life circumstances of their long-term care systems13. The providers of social services will a social protection system devel- groups of persons who are in need question of quality assurance in participate actively in this process oped at the time of Spain’s return of special support. Social services long-term care is another topic be- in order to guarantee that develop- to democracy in 1977. are divided into two categories: a) ing discussed within the scope of ment reflects not only economic basic services and b) specialised this process. and employment policy objectives Welfare and social action were social services. The former are but also, and especially so, social important components of the forty extensive and aim at fostering The quality debate touches all policy objectives. years of Spain’s dictatorship, but and improving the social circum- areas of social services. At the mo- they did not constitute a system of stances of all citizens. These basic ment, the quality of SSGIs in gener- Birgit Sittermann, ISS e. V. policies based on the recognition services cover the following areas: al is an important topic of discus- Sabrina Stula, DV e. V. of social rights. information and orientation, so- sion. In its 2007 Communication cial cooperation, prevention, social on “Services of general interest, 1 Cf. Commission of the European Communities It was not until democracy was re- integration, domiciliary support including social services of general (2006): Communication from the Commission: established and the country began services. Responsibility for basic so- “Implementing the Community Lisbon pro- interest: a new European commit- gramme. Social services of general interest in moving towards integration into cial services is in the hands of local ment”14 the European Union”. = COM(2006) 177 final. the European Union that a politi- administrative bodies. The second the European Commis- Here section 1.1 sion announced a new strategy to 2 ibid. cal system of social welfare could area, specialised social services, secure the quality of SSGIs. In the 3 SGIs also include, for instance, electricity and be established. is oriented to specific population water supply. Communication, the Commission 4 Commission of the European Communities groups who need special support, announced that a voluntary qual- (2007): Communication from the Commission The 1977 constitution defines so- e.g. people with disabilities, per- “Services of general interest, including social ity framework for SSGIs would be services of general interest: a new European cial services as “the totality of serv- sons or families without income elaborated within the scope of commitment”. = COM(2007) 725 final. Here sec- ices available in the autonomous or with substance-abuse problems, tions 2.1 and 2.2. the work of the Social Protection 5 Cf. Directive 2006/123/EC of the European regions in order to counteract or children, the elderly and migrants. Committee. The Commission itself Parliament and of the Council of 12 Decem- prevent circumstances leading to The autonomous regions are re- ber 2006. Here Article 2.2. For the debate is also interested in this topic. Its that preceded the adoption of the Services social exclusion.” The concept is sponsible for these services. second bi-annual report on SSGIs, Directive, cf. Englaender, A., Drees, S. (2005): formulated very broadly because The Services Directive and its effects on social which is due to be published in services provided by local territorial authori- competence for social welfare is in We can distinguish three broad 2010, will be dedicated to the qual- ties. In: Newsletter of the Observatory for the hands of the autonomous re- stages of evolution in the nearly the Development of Social Services in Europe ity issue.15 2/2005, p. 5f. gions alone; this is why the scope three decades since this social se- 6 Cf. contribution by C. Markowski on page 3 in of activity is the present Newsletter as well as Meding, V. v. Providers of social services have (2008): Gemeinnützigkeit ist keine Beihilfe. In: not explicitly been actively engaged in the de- Sozialwirtschaft aktuell, 20/2008, p. 1f. laid out in the 7 Cf. Gillen, E., Urbé, R., Thiel, A. (2009): Soziale bate outlined in the previous para- Dienstleistungen. Ein Fall für die europäische definition. graphs on the tension between Wettbewerbsordnung?, in: AMOS International 2009 (vol. 1), p. 22ff. the realisation of general interest 8 Cf. http://ec.europa.eu/services_general_interest/ Decentralisa- missions and the application of index_en.htm. (consulted on 25 August 2009). tion of political However, nothing can be said about the success recent Community law. Many pro- of this web portal, as the questions submitted competencies viders would like to see social and for clarification are not published. means that 9 Regulation EEC 1408/71. The objective of this health services excluded from the regulation is to coordinate the social security each autono- scope of application of the Serv- systems of Member States in such a manner mous region that no one making use of his/her freedom ices Directive. With regard to the of movement in the European Union suffers has to pass further development of European unreasonable disadvantages as a result of this its own laws movement. initiatives in the area of health 10 The Commission’s Social Package of 2 July 2008 with regard to and social services, providers of contains 19 initiatives in the areas of employ- social services. ment, social affairs, education, young people, social services basically support health, the information society and the This in turn the European policy objective of economy. means that 11 COM(2007) 332 final. guaranteeing high-quality social 12 In spring 2006 the OMC was streamlined and both content services for all citizens. However, in 2007 it was merged with the OMC on pen- and manner sions and the OMC on social inclusion and is they regularly point out in their now referred to as the OMC on social protection of provision of contributions to the debate that and social inclusion. social services 13 Cf. Peer review on “The future of social services social services have distinct char- of general interest”, Belgium 2007. http://www. can vary be- acteristics. More specifically, they peer-review-social-inclusion.eu/peer-reviews/2007/ tween the re- the-future-of-social-services-of-general-interest?set_ are critical of any consideration language=en. (consulted on 25 August 2009). gions. In spite of social services from an angle 14 COM (2007) 725 final. of this range of 15 An extensive presentation of the discussion on based purely on employment and the quality debate can be found in issue 2/2008 laws and poli- economic policy. The citizens of of this Newsletter. cies, there are 16 Cf. Gillen, E., Urbé, R., Thiel, A. (2009); Stellung- Europe should not, they argue, be nahme des Deutschen Vereins zur Mitteilung der enough com- reduced to their function as con- Kommission „Dienstleistungen von allgemeinem mon elements Interesse unter Einschluss von Sozialdienstleis- sumers and users of services and tungen: Europas neues Engagement“, NDV 2008. for social products. As social services deal services to be with highly personal processes, described as a user participation should remain a system apply- key issue in this area.16 ing to the en- tire country. © European Communities, 2009 Communities, © European The Burgos Cathedral, Spain 6 I Newsletter Observatory for the Development of Social Services in Europe

thorities, the autonomous regions services. It has also significantly and the central government (“plan contributed to the development of concertado”) and (b) the allocation charitable organisations and vol- of 0.52 % of income tax (IRPF) to unteering in the 1990s. social purposes. The second stage As a result of the cooperation be- The 1990s were a time of consoli- tween various administrative levels dation of the mix of public and and authorities, this jointly agreed private non-profit providers of plan had the objective of creating social services. Many non-profit or- an efficient network of social serv- ganisations now offer programmes ices at local level. The ministry pro- and services at the various levels vided funding for specific projects (locally, in the autonomous regions

© European Communities, 2009 Communities, © European that also had to be co-financed at and centrally). Alongside the more Royal Palace in Madrid (Palacio Real) least equally by the autonomous traditional organisations such as regional governments. In practice, the Red Cross, Caritas and the curity system has been introduced. entire population; in other words, this plan meant a return to central Spanish organisation for the blind, The first period lasted from the the system was more of a support- management of competencies that ONCE, hundreds of associations late seventies to the early nineties; ive nature rather than universal. had until then been in the hands and federations have been found- it was primarily a time when pro- And yet the financial efforts made of autonomous communities, a ed, most of them operating with grammes and social services of the by the authorities were enormous: shift which often caused disagree- large numbers of volunteers. These welfare system were set up and funds invested in the system were ments between the various admin- organisations are for the most part institutionalised. In the second raised from EUR 3.22 billion in istrative levels. financed with public funds, the stage, lasting from the nineties to 1970 to EUR 4.36 billion in 1990.1 lion's share of resources coming the early years of the new century, The second policy measure adopt- from the “0.52 % of income tax for focus shifted to consolidating the Although central government au- ed by the Ministry of Social Affairs social purposes” programme and mix of public and private provid- thorities have no direct legislative means that when taxpayers submit the rest – on the basis of agree- ers with the emergence of non- competence (or perhaps indeed for their income tax returns, they can ments, contracts or other arrange- profit service providers – the so- that very reason), mechanisms have decide whether they wish to have ments – from the governments of called third sector. In the current been introduced to coordinate and a 0.52 % share of their income tax the autonomous regions as well as third stage, which began in the distribute social services through- allocated to the Catholic Church from towns and municipalities. first years of the 21st century, leg- out the entire national territory. or to another social institution2. islation in the autonomous regions An example is the introduction of This raises funds to support non- In 2008, the third sector received has begun to treat social services the Ministry of Social Affairs (Min- profit service organisations in approximately 1.35 billion euro as a universal system of social pro- isterio de Asuntos Sociales) in 1988; their implementation of various in funding from the “0.52 % of tection. A law passed in December although this ministry was merged programmes in the area of social income tax for social purposes” 2006 – the “Law to foster Personal with the Ministry of Employment in Autonomy and Care for Persons 1996, there is still a state secretary in Need” (generally referred to as for social affairs within the new “ley de dependencia”, or “depend- ministry, who has the same func- ency law”) – will lead to signifi- tions as the original minister. One cant changes in the area of social of the ministry's initial objectives protection. The changes brought was to ensure stronger controls about by this law are particularly and improve the efficiency of social significant, as it is the first time measures and the coordination that a law embodies the concept between autonomous regions. The of protecting personal social needs Ministry of Social Affairs assumed as a universal social right applying functions that until then had been to the entire population regardless split between various ministries of income, deliberately breaking and institutions involved with social with a tradition which until now services and social work. had stigmatised users of social pro- grammes. Until now, none of the This was the first attempt made to various laws on social services in merge competencies in the area of the autonomous regions had for- social services under the umbrella mulated social rights on an equal of a single authority. However, it footing to rights in the areas of was done at a time when transfer health or education. of competencies to the autono- mous regions was already quite The first stage advanced, and as a result the The development of social security competencies of the central gov- systems during the 1980s came at ernment remained rather limited. a time of general economic crisis One of the most important conse- coinciding with a situation of quences of the establishment of demographic ageing and with a the Ministry of Social Affairs was large state deficit. As a result, and to foster social participation. This in spite of every good intention, was one of the intended objectives, the social security system in place one which has been pursued hand at the time was intended only to in hand with two other political cover the needs of certain social measures since 1988: (a) the plan groups, and no policies could be for the provision of basic social © European Communities, 2009 Communities, © European developed that would apply to the services, jointly agreed by local au- Roman Theatre in Mérida Newsletter Observatory for the Development of Social Services in Europe I 7

programme for the implementa- at national level. The objective of er countries, although the system area. The project is managed by tion of 926 programmes. This this “Law to foster Personal Auton- is not yet “mature”. A mixed-pro- the German Association for Pub- is clearly a sector with a large omy and Care for Persons in Need” vider system has emerged where lic and Private Welfare in Berlin potential for job creation and for (the so-called “dependency law”) public authorities constitute the (Deutscher Verein für öffentliche encouraging volunteer activity is to lay the foundation for the main source of services, but where und private Fürsorge e. V.) and the in the social services. The politi- fourth pillar of the Spanish welfare charitable organisations and in Institute for Social Work and Social cal effects of the programme are system: a social protection system some cases also private for-profit Education in Frankfurt/Main (Insti- also significant, as reflected in the existing alongside the current suppliers are also represented. tut für Sozialarbeit und Sozialpäda- merger of Spanish social NGOs systems of education, health and gogik e. V.), which joined forces un- into a common platform – Plata- pensions and guaranteeing social Teresa Montagut der the sponsorship of the Ministry forma de ONG de Acción Social and nursing care for all persons Professor of sociology, for Family Affairs, Senior Citizens, (http://www.plataformaongs.org), in need of care throughout the University of Barcelona Women and Youth to follow the an organisation representing entire Spanish territory. It is a uni- development of social services in various third-sector bodies. In this versal law that acknowledges the 1 Cf. study by J. Barea El gasto público en servicios the EU Member States. sociales en España. Madrid: Ministerio de Trabajo second stage, a number of pri- existence of a new civil right: the y Asuntos Sociales, 1997. (Public expenditure for vate for-profit providers have also right to care whenever personal social services in Spain. Madrid: Ministry of Em- Europe’s growing involvement in ployment and Social Affairs, 1997). started – but with great restraint autonomy is jeopardised. Although 2 This percentage was recently increased to 0.7 %. social policy and social legislation1 – to implement programmes and the law was passed at national Taxpayers can choose between the two options has made it increasingly important (church or other institutions) or divide their 0.7 % services for a few municipalities. level, implementing it will require equally between both. to monitor ongoing developments No reliable data is available so far cooperation and participation at in this area. The salient issues of about this trend or its effect. all levels of government (national, the work of the Observatory are: autonomous regions, local), as N e w s f r o m t h e What is the effect of pan-European The third stage the Spanish constitution defines trends in social policy on social Much like in other changes tak- this as a decentralised policy area. Observatory work and on its institutions and ing place in Spain, the process of The autonomous regions and the operators, and, conversely, what consolidation of social services has central government share funding are the effects of social work on been characterised by the swift- responsibility equally, and users Ten years on: the European policy? How can these ness and intensity with which it of the services, depending on “Observatory for the developments and trends be inves- has occurred. Socio-demographic their personal income, must pay tigated and understood? How can factors such as demographic age- up to 35 % of the services out of Development of Social organisations providing social serv- ing and changes in both family their own pocket. The state deficit Services in Europe” ices in the Member States have a structures and family dynamics caused by the financial crisis is say in European policy processes? (new family models, low birth now jeopardising the objective In 1999, the German Federal These are the main topics of the rates, integration of women in the of implementing this new law in Ministry for Family Affairs, Senior Observatory's advisory work for the employment market) have drawn stages until 2015, so that a delay is Citizens, Women and Youth [Bun- Ministry for Family Affairs, Senior attention to the social problem of now expected. desministerium für Familien, Seni- Citizens, Women and Youth, for providing care for a large social oren, Frauen und Jugend (BMFSFJ)] ministries at state level as well as group in which all social classes In conclusion, it can be said that launched the “Observatory for the for the federations of non-statutory and structures are represented. in a short number of years Spain Development of Social Services in welfare associations and the cen- This last stage, which began only has taken the path already taken Europe”. The Ministry’s intention tral associations of municipal and recently, is characterised by the by other European countries, save was to create a body whose task district governments. wish to make social protection ac- that here the changes have been would be to observe developments cessible to all. On the one hand, particularly swift. New political at European level from the point In the early days of the project, some of the laws on social services measures were constantly needed of view of national interests. The work focused on research and in the autonomous regions have to react to new social needs in a primary objective of the project country comparisons, while later recently been amended to place situation where social security sys- was to assess European trends in on the Observatory concentrated more stress on the universal char- tems were not yet sufficiently de- social policy and social legislation on monitoring current policy is- acter of social services, and on the veloped. Today, structures in Spain in order to better represent and sues and legislation processes other, a new law has been passed are comparable with those of oth- protect German interests in this in the health and social area at European level while acting as a disseminator of information for these processes at national level. For a long time, the Observatory was advised by a central support and management body: the co- ordination group, a body chaired by the Ministry for Family Affairs, Senior Citizens, Women and Youth and including representatives of the German federations of non- statutory welfare associations and of the municipal authorities as well as members representing the states of the German federation. This body, which was composed of members of the expert commit- tee on “International cooperation and European integration” of the German Association for Public and Private Welfare, has now been Expert Meeting Communication on Services of General Interest in the European Union, 20 November 2006 in Berlin, replaced by the expert committee Germany itself. 8 I Newsletter Observatory for the Development of Social Services in Europe

The Observatory’s mandate is instruments were suitable for find- Women and Youth to be the na- I m p r i n t implemented in individual “sub- ing an appropriate structure for tional contact in Germany for the projects” in the various areas of the future of the European Social web portal of the “European Al- Publisher: interest in the form of working pa- Model, another focused on legal liance for Families”3. (Since 2009, Institute for Social Work and Social pers, expert workshops and confer- and social policy developments in the Observatory has also been Education Observatory for the Development of ences. Events are followed by the the area of “cross-border services involved in the establishment of a Social Services in Europe publication of reports or confer- of general interest”. Another indi- network of European experts on Hans-Georg Weigel (Director) ence proceedings. Over the years, vidual project examined the effects family policy within the scope of Zeilweg 42 D-60439 Frankfurt a. M. the Observatory has published a of internal market law on social the “European Alliance for Fami- number of analyses and expert services as exemplified by the Serv- lies”. Editor: reports. Its work is also supple- ices Directive. Hans-Georg Weigel mented by a biannual newsletter International networking with E-mail: christine.storck-ratnam@ iss-ffm.de published in German and English. Another “sub-project” dealt other institutions sharing simi- In addition, the Observatory pro- with new forms of cooperation, lar aims has always been a very This is a publication of the vides information and consulting networking and competition in important aspect of the Observa- Observatory for the Development of Social Services in Europe. services for external specialists (for certain types of social services in tory’s work. In the course of time, Homepage: instance associations and institu- border regions, and the duties, op- a broad network has developed www.soziale-dienste-in-europa.de tions of higher education). portunities and risks this creates linking research institutions and Agencies responsible for the for users and provider institutions. social interest groups in many Observatory are: First subsidy period: ­ Within the scope of the Observato- Member States of the European Institute for Social Work and Social 1999–2004 ry project, a summary of pertinent Union. More intensive networking Education Frankfurt Project Team The first phase of the project dealt ECJ judgements on cross-border allows information to be gathered Zeilweg 42 with topics such as fundamental use of health services was drawn and processed quickly and shared D-60439 Frankfurt a. M. social rights in general, national up and published on the Observa- with participating institutions and Tel.: 0 69/9 57 89-0 tory website. with external specialists. Over the Fax: 0 69/9 57 89-190 and supranational approaches to E-Mail: [email protected] the provision of welfare, and the years, the Observatory has made Internet: www.iss-ffm.de Open Method of Coordination The Observatory was also responsi- an important contribution towards (OMC). The tension between social ble for assessing the answers of the generating a greater interest in German Association of Public and Private Welfare services and the market, services of 25 EU governments to a Social Pro- the European dimension of social Berlin Project Team general interest, and, in this con- tection Committee questionnaire policy among experts in the fields Michaelkirchstr. 17/18 text, the issue of quality were some in preparation for the Communica- of its involvement. D-10179 Berlin Tel.: 0 30/62 98-0 of the other topics at the centre of tion on “Social and health services Fax: 0 30/6 29 80-140 the Observatory's interest. Observa- of general interest (SSGIs)”, and it Information on the Observatory E-Mail: [email protected] tory researchers compared forms participated in several internation- and its publications can be Internet: www.deutscher-verein.de of social service provision and al experts' meetings that followed found on the project website at The Federal Ministry for Family provider structures in the various this consultation process. http://www.soziale-dienste-in- Affairs, Senior Citizens, Women and countries. They also examined the europa.de/, and of course it can Youth, 11018 Berlin, provides fund- ing for the project “Observatory for role of charitable associations, civil Because of the Observatory staff's also be requested directly from the Development of Social Services dialogue, and the question of a expertise in this area, the Ob- Observatory staff. in Europe”. European civil society. servatory was also involved in the Translation: Nicole Gentz, Berlin “Study on the situation of social Annette Angermann DV e. V. Another important field of inves- and health services in the Euro- Kathrin Linz ISS e. V. Design: www.avitamin.de tigation was the importance of so- pean Union”2 commissioned by the cial services as a means of achiev- Directorate-General for employ- Print: DruckVogt GmbH, Berlin ing greater social justice and thus 1 Above all as a consequence of the Treaty of ment, social affairs and gender Amsterdam and the expanded competence of Circulation: as an instrument to integrate equality. the EU in the social policy area. German: 1,400 marginalised members of society. 2 Cf. Huber, Manfred/Maucher, Mathias/Sak, English: 600 Barbara (2008): Study on Social and Health Particularly within the context of Third subsidy period: ­ Services of General Interest in the European ISSN 1616-7589 EU expansion, social services in Union: Final Synthesis Report. 2008–2009 http://ec.europa.eu/employment_social/spsi/docs/ Date of publication: October 2009 Central and Eastern Europe were In the third project term, the focal social_protection/2008/study_social_health_ of special interest. point of the Observatory’s work services_en.pdf. 3 http://ec.europa.eu/employment_social/emplweb/ Ordering address: see publisher and shifted to developments at Euro- families/index.cfm editor The project hosted several interna- pean level in the face of demo- This newsletter is published within tional conferences in Brussels and graphic change. Profound changes the scope of the public relations Berlin and built up a close network in our population structure are activities of the government of the of people and institutions inter- creating severe challenges for both Federal Republic of Germany. It is ested in discussing the develop- governments and social services on provided free of charge and is not destined for sale. This publication ment of non-profit social services how to guarantee social protection does not necessarily reflect the opin­ in Europe. and inclusion in a field of tension ion of the government of the Federal between cultures, generations, Republic of Germany. Responsibility shall remain with the publisher and/ Second subsidy period: ­ genders and life situations. or the respective author. 2005–2007 In the second phase of the project, On the topics of volunteering, the The content and the structure of the Observatory’s Newsletter are copy- the Observatory’s work concen- economic strength of senior citi- righted. We are pleased to allow our trated increasingly on monitor- zens and family-friendly policies articles to be used, but we ask you to ing legal and economic issues in in Europe, the Observatory stud- inform us in advance and to state the author’s name and the Observatory connection with personal social ied EU impulses and developments as the source of the material. services or with the modernisation in the individual Member States. of social protection, for instance Because of its competence in the the development of family support field of family policy, the Observa- services. In one project the Observ- tory was chosen by the Ministry atory staff examined what policy for Family Affairs, Senior Citizens,