PhD student: Mrs Dr G. Bouwman

Promotor: E.R. Manunza

Duration: 1/1/2016 - 31/12/2019

PhD defence: Utrecht, 29/9/2022

Abstract:

The (organisation of) social services in the European Union, traditionally, have a special status. Member states have a broad margin of discretion when organising these services of general (economic) interest. Specifically, the margin of discretion for health policy is laid down in art. 168 of the Treaty on the Functioning of the EU (TFEU). The only limitations are these that are imposed by secondary EU-law and by the Court of Justice of the EU. However, a policy move can be observed that brings social services more into the radar of EU-law. Also the new Public Procurement Directive 2014/24/EU subjects the procurement of social services to a wider extend of competition: a special Public Procurement procedure. Besides public tasks in the social sector are facing major challenges on both EU- and national level: e.g. retrenchments as a result of the financial crisis and a growing number of elderly people that appeal for health care. All these developments require an innovative approach. There is a need for a clear legal framework on the basis of which public authorities of the Member States can choose how, with regard to these challenges, they can organise these services in the best way. Therefore, this Phd-research will assess to which extend Public Procurement Law provides possibilities to stimulate innovation in the social sector. The research aims to a regulatory framework that matches the current and future needs of the organisation of social services in the (public) social sector.