Activities of Pascal DURAND related to 2016/2237(INL)
Legal basis opinions (0)
Amendments (9)
Amendment 19 #
Motion for a resolution
Recital C
Recital C
C. whereas in some Member States specific legal forms have been created either by adapting the cooperative, mutual, association, or foundation model or though the introduction of legal forms that recognise the social commitment taken on by a plurality of entities and that include some features specific for social enterprises; whereas in other Member States social enterprises operate using pre- existing legal forms, including legal forms used by mainstream SMEs, such as the limited liability company;
Amendment 62 #
Motion for a resolution
Recital O
Recital O
O. whereas social enterprises should conduct a socially useful activity; whereas they may be active in a wide spectrum of activities; whereas social enterprises have typically engaged in the delivery of social services and work integration services for disadvantaged groups; whereas a common trend in national legislation has been to enlarge the range of activities in which social enterprises are entitled to engage, provided that they are of general interest and/or have a social utility, such as the provision of community services, including the educational, health, cultural and environmental fields; whereas these socially useful activities may be determined by law ex ante in a list or through a general clause;
Amendment 75 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas social enterprises are not necessarily non-profit organisations but, on the contrary, they can also be for-profit; whereas this notwithstanding the main focus of social enterprises should be on social values and on having a positive and durable impact on society’s wellbeing and economic development, provided that their activities fully satisfy the criteria for obtaining the European social label, rather than making a profit for their owners, members or shareholders; whereas in th, and that an enterprise connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas a limited distribution of profits could be allowed, having regard to the legal form adopted by the socialmplies with the rules strictly limiting the return on capital and wage differentials within the enterprise, that it allows employees to have a say in decision-taking in accordance with the 'one person, one vote' principle, and that any profits are reinvested with a view to maintaining or developing the enterprise,'s but the procedures and rules covering that distribution should ensure that it does not undermine the primary objective of thesiness; whereas in this connection a constraint on distribution of profits and assets among members or shareholders, also known as ‘asset lock’, is essential to social enterprises; whereas the most significant proportion of profits made by a social enterprise should be reinvested or otherwise used to achieve its social purpose;
Amendment 77 #
Motion for a resolution
Recital S
Recital S
S. whereas social enterprises should be ruled following democratic governance models involving the persons affected by the activity in decisions to be taken, not least by applying the 'one person, one vote' principle; whereas this participatory model represents a structural procedure to control the actual pursuit of the organisation's social goals; whereas members’ power in decision-making should not be based only or primarily on any capital stake they may hold, even when the model adopted by the social enterprise is that of a commercial company;
Amendment 102 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the ‘European social label’ should be available for organisations that satisfyrigorously comply with a set of legal requirements in all of their activities, regardless of the legal form of their incorporation in a Member State; and that the label should be optional for the undertaking;
Amendment 111 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that a mechanism should be established in cooperation with Member States for the protection of the European social label and the prevention of the establishment and operation of ‘false’ social enterprises; this mechanism should ensure that enterprises bearing the European social label are monitored regularly regarding their compliance with the provisions set out in the label and apply effective and proportionate penalties for improperly obtaining or using the label;
Amendment 138 #
Motion for a resolution
Annex I – paragraph 3 – point c
Annex I – paragraph 3 – point c
(c) it should conduct a socially useful activity, as determined by law, either ex ante or through a general clausend solidarity-based activity, i.e. via its activities it should aim to provide support to vulnerable groups, to combat social exclusion, inequality and violations of fundamental rights, including at the international level, or to help protect the environment, biodiversity, the climate and natural resources;
Amendment 145 #
Motion for a resolution
Annex I – paragraph 3 – point e a (new)
Annex I – paragraph 3 – point e a (new)
(ea) it follows a fair compensation policy ensuring that the pay gap within the company may not exceed a ratio of 1/7.
Amendment 165 #
Motion for a resolution
Annex I – paragraph 17 a (new)
Annex I – paragraph 17 a (new)
Recommendation 8. The legislative act should set out a series of measures to promote the creation and development of social and solidarity-based enterprises. These measures should, as a minimum requirement, provide companies that have been recognised as social and solidarity-based enterprises with the following: – privileged access to public and private funding; – privileged conditions for access to public procurement contracts; – dedicated tax regimes.