Legislation in New Zealand dictates that the Whanganui River is a living entity and a legal person. Guardians uphold the river's environmental, social, cultural and economic well-being. We provide a conceptual discussion of the river's economic well-being, understood as the mutual enhancement of natural and human elements through community entrepreneurship that is based on human and non-human capabilities. We discuss human economic activity that preserves the right of the river to be free from pollution and form an integral part of the Māori culture and tradition, the improvement of Māori living conditions, and their rights to self-determination and prior consent.
This study aims to investigate how the existing legal framework for social enterprises in Belgium affects the activity of social enterprises in the social housing, finance and energy sector. The focus is thereby on the legal factor of governance and the decision-making power of stakeholders. These matters are examined in respect of one particular type of social enterprises, the so-called company with a social purpose, 'Vennootschap met Sociaal Oogmerk' (VSO). The authors conducted three case studies in Belgium. They examined in which way the VSO law has been implemented in three social enterprises which are active in different sectors, i.e. the energy, finance and housing sector and compared the results. By comparing the case studies, this article aims to generate (i) a cross-sectoral theoretical analysis regarding the practical application of the legal factor of governance in the three Belgian social enterprises and, (ii) a comprehensive understanding of the involvement of different stakeholders in the social enterprises' governance in these sectors. Useful conclusions were drawn for the improvement of the legal framework for social enterprises in Belgium as well as for the improvement of the social enteprises functioning.
Purpose
This paper aims to examine the concept of participatory governance through membership in the context of the tailor-made legal form for social enterprises in Greece, i.e. the social cooperative enterprise (Koinsep). As such, the paper aims to contribute to the theoretical discussion regarding the participation of stakeholders in the governance of social enterprises not only as a theoretical construct prescribed by law but also by examining its implementation in practice.
Design/methodology/approach
The development of two in-depth case studies demonstrate whether and how the application and implementation of legal requirements regarding governance and membership permit and encourage stakeholders to participate in the decision-making processes of social enterprises. The study accordingly showcases the influence exerted by the legal regime over the social enterprise.
Findings
The case studies demonstrate how participatory governance is not realised in a formal manner in the organisational set-up of two social enterprises. It thereby shows how stakeholders and employees participate informally in the decision-making processes of Greek social enterprises, although legislation is conducive to formal means of participation.
Research limitations/implications
This study is part of a larger project involving a comparative research of tailor-made legal forms of social enterprises and corresponding organisations in three jurisdictions, i.e. Greece, Belgium, and the UK. In this study, the research was limited to the legal form of Koinsep.
Practical implications
This paper also contributes to the development of a better understanding of the Koinsep as a new tailor-made legal form for social enterprises in Greece. It therefore, sheds light in its function and its participatory governance structure.
Originality/value
The study is an original attempt to theoretically and practically examine the subject of participatory governance in the Greek social enterprises context.
Social enterprises demonstrate how sustainability can be embedded into business.This often implies selecting a legal form and a business model dedicated to serving social and environmental (societal) objectives. Tailor-made legal frameworks for social enterprises in European Union (EU) Member States require that the social enterprise include a "societal purpose" in its constitutional documents. These legal frameworks refer to "societal purpose" in a general way; the wording is similar but not identical.The EU Regulation on Social Impact Funds and the EU Procurement Directive contain provisions that relate to social enterprises and they also refer to "societal purpose," although neither of them defines the term. Some EU countries have not (yet) adopted tailor-made legislation. Their legislators have indicated that they struggle with demarcating the notion of "societal purpose". This article aims to support them as well as EU legislators by testing the concept of "societal purpose" in two ways. A doctrinal research was conducted in order to find a legal basis for explaining what "societal purpose" entails in the United Kingdom (UK) and the Netherlands. In the UK, the legal framework concerning the "Community Interest Company" was examined. In the Netherlands, which jurisdiction has not introduced a tailor-made legal framework for social enterprises, the existing tax legal framework for organisations with a "public benefit purpose" was analysed in the evaluation. Second, an empirical study was conducted into the societal purpose of 400 randomly selected UK and Dutch social enterprises. The results were categorised, compared with each other, and evaluated on the basis of existing legal frameworks. K E Y W O R D S social enterprises, social entrepreneurship, societal purpose, social mission, social purpose, societal impact
An element that policymakers and academics often believe to be constitutive in the governance of a social enterprise is the use of inclusive and responsible decision-making processes. This entails the involvement of various categories of stakeholders. In this paper, a case study is used to explore how a work integration social enterprise based in the Netherlands, AutiTalent BV, has organized its governance. The Netherlands has not developed legislation specifically dealing with social enterprises, in contrast to many other EU Member States (16 out of 28), and it does not require, although it allows for, the establishment of inclusive governance. By examining how (national Dutch) law affects the governance of a work-integration-oriented social enterprise, the authors aim to contribute to emerging theory on participatory and inclusive governance of social enterprises -as a legal concept but also as an organizational concept -shaped by (tailor-made and/or ordinary) law. The case study reveals that the investigated work integration social enterprise has not set up formal inclusive governance, suggesting that a social enterprise may not be stimulated by legislation which allows but not requires the participation of stakeholders in decision making. At the same time, informal direct communication channels exist between the people who influence the decision-making processes and people from various stakeholder categories.
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