The social agreement as an alternative (and non-contractual) formula for the indirect management of public social services

Abstract

The procurement Directives have enabled member States of the European Union to manage public social services through a non-contractual formula. In Spain, this possibility has been realized in “social agreements”, regulated through the Social Services Laws of the Autonomous Communities. These are agreements to be entered into between the Administration in charge of or responsible for the services and private entities, normally non-profit organizations. However, the nature and legal regime of these social agreements, as it results from the current regulation, raises some doubts. They should be resolved as their widespread use reveals the strengths and weaknesses of this figure and the case law resolves them.