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What place for joint-stock companies in the social and solidarity economy? An analysis of the French legislator’s choice to integrate them

Par : Contributeur(s) : Type de matériel : TexteTexteLangue : français Détails de publication : 2023. Sujet(s) : Ressources en ligne : Abrégé : In a context of systemic crisis, the social and solidarity economy (SSE) has proved its ability to adapt and resist by adopting an alternative model to the dominant capitalist logic. Governments have understood that it is absolutely essential to encourage, including through financial support, players in this expanding market, which promises wealth and job creation. It is therefore necessary to legally define the field of the social and solidarity economy, in order to identify the potential beneficiaries of the processes which should be set up to develop this new economy. In France, the SSE law passed on July 31, 2014, laid the first foundations for legal recognition of this sector, which the French government could no longer ignore due to its growing weight in the national economy. Creating a single, homogeneous legal structure for the SSE, as has been done in some European countries, was rejected from the outset in favor of a definition based on criteria common to all players in the SSE. However, the novelty of this reform is undoubtedly the political choice to integrate corporations into the SSE. This article first analyzes this decision to integrate, which was encouraged by a context of normative initiatives that are having an increasing impact on the new role assigned to corporations. It then considers the legal framework set up for these new companies in the SSE.
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In a context of systemic crisis, the social and solidarity economy (SSE) has proved its ability to adapt and resist by adopting an alternative model to the dominant capitalist logic. Governments have understood that it is absolutely essential to encourage, including through financial support, players in this expanding market, which promises wealth and job creation. It is therefore necessary to legally define the field of the social and solidarity economy, in order to identify the potential beneficiaries of the processes which should be set up to develop this new economy. In France, the SSE law passed on July 31, 2014, laid the first foundations for legal recognition of this sector, which the French government could no longer ignore due to its growing weight in the national economy. Creating a single, homogeneous legal structure for the SSE, as has been done in some European countries, was rejected from the outset in favor of a definition based on criteria common to all players in the SSE. However, the novelty of this reform is undoubtedly the political choice to integrate corporations into the SSE. This article first analyzes this decision to integrate, which was encouraged by a context of normative initiatives that are having an increasing impact on the new role assigned to corporations. It then considers the legal framework set up for these new companies in the SSE.

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