The French Nonprofit Sector: A Literature Review

2018 ◽  
Vol 3 (2) ◽  
pp. 1-79 ◽  
Author(s):  
Laura Nirello ◽  
Lionel Prouteau

Abstract This article deals with the literature on the French nonprofit sector (NPS). A preliminary part is devoted to presenting and discussing the characteristics that shape the approaches to this sector in France. We stress the strong influence of legal categories on the sector’s definition and, in this context, the importance of the status inherited from the 1901 Act on contracts of association. This raises a problem for a more analytical approach to the sector, because the diversity of the nonprofit organizations (NPOs) regulated under this Act risks being overshadowed. Indeed, not all NPOs regulated under the 1901 Act are voluntary associations as understood by English-speaking people. The largest NPOs are voluntary agencies, usually with paid staff, and lacking memberships (Smith, 2015a, 2015b). In this first part, we also underline the primacy accorded in France to the concept of the social economy, which has today become the social and solidarity economy (SSE), over that of the nonprofit sector. The SSE, whose recognition from the public authorities has increased over the last few decades, includes, but is not limited to, the NPS, since cooperatives and mutuals (mutual aid groups) have to be added. In the second part, the article outlines some landmarks in the history of the French NPS. French NPOs were for many years objects of suspicion, arbitrariness and repression on the part of the public authorities and this persisted until the 1901 legislation on contracts of association was enacted. However, this hostile context did not prevent the sector from having a richer existence than is sometimes admitted. The 1901 Act marked a very significant moment in the history of the French NPS, since it finally enshrined freedom of association in French law. Although the history of the French NPS since this Act is yet to be written, our literature review highlights some aspects of its contemporary development and it addresses a topic that merits particular attention in France—namely the interpenetration between certain NPOs and the public authorities. Indeed, such an interpenetration may affect the autonomy of the former by rendering them instruments of the latter. The fear of an instrumentalization by government is a recurring problem among NPOs. This literature review also focuses on empirical studies of the sector, placing a particular emphasis on the more recent ones. These French studies basically adopt two types of approach. The first is concerned essentially with the NPOs and focuses its attention on their economic importance, whether measured in terms of financial resources, employment, or, less frequently, added value. This is undoubtedly the dominant approach in the literature on the subject. In doing so, a great deal of emphasis is placed on large organizations. Voluntary associations managed solely by volunteers are treated as insignificant and the less formal part of the NPS is unaddressed. The second approach investigates the kinds of individual participation the sector engenders by examining the various forms it takes, such as membership of NPOs or voluntary work. In this respect, research shows a relative stability of association membership over the past three decades but volunteering is still only partially documented, as are cash donations. This review ends with the analysis of the challenges that NPS faces in a context characterized by the increasing constraints on public funding, changes in the nature of such funding with a substitution of contracts for subsidies, an increased competition among NPOs as well as between NPOs and for-profit enterprises. Such a context has forced NPOs to increase their degree of organizational professionalization and certain NPOs increasingly use management instruments applied in for-profit enterprises. This raises questions about their specificities and their raison d’être, and these questions lead researchers to pay more attention to the governance systems of NPOs. The article concludes that, despite the advances in research on the French NPS, some aspects—like formal volunteering and the role of voluntary associations—are still understudied, while others—like informal groups and informal volunteering—are almost totally ignored.

Author(s):  
Tuomas Martikainen

Issues related to migration, security and integration are currently among the top priorities of European states. Lately, ‘religion’ has emerged as something separate from ‘culture’, ‘ethnicity’, ‘nationality’ and ‘race’ in the debate over integration and security. Collective religious activity is among the most common forms of the social organisation of immigrants. Immigrant communities have been analysed from a multiplicity of perspectives, but one area that has until recently received little attention is the relationship between on the one hand the local and national authorities, on the other religious organisations of immigrant origin. Religion, most notably Islam, has been identified as a social problem among the public authorities in Europe. The article provides a critical viewpoint on the formation of immigrant voluntary associations as authorities’ tools of governance. While voluntary associations can be seen as tools for integration and empowerment, they may become embedded in power structures that are not at first glance self-evident. The article argues that the local and national authorities in Finland support and encourage Muslim immigrants to organise themselves into voluntary religious associations, enabling the authorities to better govern issues that have been defined as social problems. The work applies the theory of governmentality as developed by Mitchell Dean, to Muslim organisations in Finland.Keywords: Governance, governmentalisation, Islam, immigration, Muslims, security


2020 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Tuncay Şur ◽  
Betül Yarar

This paper seeks to understand why there has been an increase in photographic images exposing military violence or displaying bodies killed by military forces and how they can freely circulate in the public without being censored or kept hidden. In other words, it aims to analyze this particular issue as a symptom of the emergence of new wars and a new regime of their visual representation. Within this framework, it attempts to relate two kinds of literature that are namely the history of war and war photography with the bridge of theoretical discussions on the real, its photographic representation, power, and violence.  Rather than systematic empirical analysis, the paper is based on a theoretical attempt which is reflected on some socio-political observations in the Middle East where there has been ongoing wars or new wars. The core discussion of the paper is supported by a brief analysis of some illustrative photographic images that are served through the social media under the circumstances of war for instance in Turkey between Turkish military troops and the Kurdish militants. The paper concludes that in line with the process of dissolution/transformation of the old nation-state formations and globalization, the mechanism and mode of power have also transformed to the extent that it resulted in the emergence of new wars. This is one dynamic that we need to recognize in relation to the above-mentioned question, the other is the impact of social media in not only delivering but also receiving war photographies. Today these changes have led the emergence of new machinery of power in which the old modern visual/photographic techniques of representing wars without human beings, torture, and violence through censorship began to be employed alongside medieval power techniques of a visual exhibition of tortures and violence.


2017 ◽  
Vol 1 (100) ◽  
pp. 1099
Author(s):  
Alberto Oehling de los Reyes

Resumen:El artículo 53 de la Constitución española recoge tres cuestiones básicas: en primer lugar, determina que los derechos y libertades vinculan a todo el poder público; en segundo lugar, determina la protección constitucional y judicial de los derechos y libertades y de los derechos fundamentales; en tercer lugar, reconoce los principios rectores de la política social y económica. En este artículo se analizan estos preceptos y conceptos constitucionales, pero también se estudia su desarrollo legislativo desde 1978 y la realidad práctica hasta el día de hoy. En el artículo también se hace análisis de algunas incoherencias de la jurisprudencia del Tribunal Constitucional en materias fundamentales del artículo 53 de la Constitución española de 1978. La intención es dar una visión de conjunto del artículo 53 de la Constitución desde 1978 hasta hoy.Summary:1. Introduction. 2. The structure of the practical realization of the article 53. 3. Preconditions of the legislation of the rights and freedoms and fundamental rights: 3.1 The principle of subjection and legally binding of all public authorities. 3.2 The principle of legal reserve. 3.3 The core content of the rights and freedoms. 4. The preferred procedure and ordinary summary of the article 53: 4.1 Outline of evolution and situation of the preferred procedure and summary inthe jurisdictional divisions. 4.2 About the protection of fundamental rights with procedural nature. 5. The remedy of amparo in the context of the article 53.2. 6. Approximation to the practical sense of the principles recognized in Chapter III Title I.Abstract:The article 53 of the Spanish Constitution specifies three basic issues: First, determines that the rights and liberties link all the public authorities; Secondly, determines the judicial and constitutional protection of the rights and freedoms and fundamental rights in Spain; Thirdly, recognizes the guiding principles of the social and economic policy. In this article are analysed these constitutional provisions and concepts, but also is studied their legislative development since 1978 and the practical reality until the present day. In the article are also analysed some inconsistencies in the jurisprudence of the SpanishConstitutional Court on fundamental issues about the article 53 of the Spanish Constitution of 1978. The intention is to give an overview of the article 53 of the Constitution from 1978 until today.


1960 ◽  
Vol 2 (4) ◽  
pp. 440-451
Author(s):  
Hans Baron

An attempt at a synopsis of Mr. Becker's and Mr. Hicks' findings requires an enlargement of focus. They have much in common in their approaches: both are sympathetic to reactions in Italian scholarship against a school which had conceived the history of the Italian city-states chiefly in terms of social clashes caused by antagonistic economic class interests. About 1900 that had been the perspective shared by most students. During the late 13th century (it was then argued), the half-chivalric magnati, owners of landed property, were replaced by the capitalistic merchants and industrialists of the arti maggiori; these, in turn, by the middle of the 14th century were followed by the artisans of the arti minori who, for a short revolutionary period in 1378, opened the door for the laborers of the great textile industries, the Ciompi. After class struggle had thus sapped the public spirit, Florence and other cities were ripe for the heavy, but pacifying hand of despotism.


Author(s):  
Vasyl Ilkov

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.


2021 ◽  
Vol 19 (4) ◽  
pp. 221-241
Author(s):  
Mariusz W. Sienkiewicz

The fact that Poland and Ukraine share a border, the convergence of the political goals of the peoples of both countries, and the constant efforts towards the development of democracy and decentralisation of public life determine the need to intensify cooperation in various areas of the functioning of society and the economy. An important sphere of cooperation is the public sector, in particular at the level of local government. The local government cooperation of both countries was already visible at the beginning of the social and political transformations after 1990. The development of this cooperation, with varying results, took place in the 1990s and, to an even greater extent, after Poland’s accession to the European Union. In the last three decades, local and regional communities in Ukraine have become an important partner for Polish local governments, both at the local and regional levels. The local government cooperation that has been implemented is based on the diversification and multidimensionality of forms and models. Some result from legal regulations, while others are based on mutual experiences, previous contacts, and sympathies of public authorities. The aim of the study is to analyse and present the conditions and forms of Polish-Ukrainian local government cooperation. The aim is also to show the barriers to cooperation and to define proposed solutions to improve partner contacts of territorial units. The local government cooperation of the two countries is undoubtedly hindered by the fact that Ukraine is not a member of the EU, and often by mutual misunderstanding and non-acceptance of historical experiences. On the other hand, common goals at different levels of social, public, and economic life are a significant factor motivating parties to increase cooperation and achieve a synergistic effect thanks to it.


Author(s):  
Christopher Hamlin

There are many precedents for long-term research in the history of science. Long-Term Ecological Research (LTER) program’s current identity reflects significant change—intended and accidental, both consensual and conflictual—from research concerns that were prevalent in the 1980s. LTER program has pioneered modes of research organization and professional norms that are increasingly prominent in many areas of research and that belong to a significant transformation in the social relations of scientific research. The essays in this volume explore the impact of the LTER program, a generation after its founding, on both the practice of ecological science and the careers of scientists. The authors have applied the agenda of long- term scrutiny to their own careers as LTER researchers. They have recognized the LTER program as distinct, even perhaps unique, both in the ways that it creates knowledge and in the ways that it shapes careers. They have reflected on how they have taught (and were taught) in LTER settings, on how they interact with one another and with the public, and on how research in the LTER program has affected them “as persons.” A rationale for this volume is LTER’s distinctiveness. In many of the chapters, and in other general treatments of the LTER program, beginning with Callahan (1984), one finds a tone of defensiveness. Sometimes the concerns are explicit: authors (e.g., Stafford, Knapp, Lugo, Morris; Chapters 5, 22, 25, 33, respectively) bemoan colleagues who dismiss LTER as mere monitoring instead of serious science or who resent LTER’s independent funding stream. But more broadly, there is concern that various groups, ranging from other bioscientists to the public at large, may not appreciate the importance of long-term, site-specific environmental research. Accordingly, my hope here is to put LTER into several broader contexts. I do so in three ways. First, to mainstream LTER within the history of science, I show that the LTER program is not a new and odd way of doing science but rather exemplifies research agendas that have been recognized at least since the seventeenth century in the biosciences and beyond.


Author(s):  
Angela Besana

After having discussed the contemporary importance of the not-for-profit and social economy, the chapter builds on a cluster analysis of performances and roles of grant-making foundations, who are the essential node of the cooperation and coopetitiveness, today. This chapter aims to present worldwide grant-making foundations for their performances and profiling according to the latest accounting data and mission reports, which collect results of their projects according to the classification of pure grant-making, networking, leadership, partnership and pooling. With this in mind, the chapter adopts a typical approach of cluster analysis of industrial organization. The cluster analysis emphasizes the profiling of the sample and it allows to separate groups with significant features. The main focus remains on the issues of the finance of the social economy, when the Public Welfare State is too much indebted. Complementary and substitute roles of the Private Welfare State can emerge for the support the not-for-profit economy.


1975 ◽  
Vol 5 (1) ◽  
pp. 27-36 ◽  
Author(s):  
Robert K. Match ◽  
Arnold H. Goldstein ◽  
Harold L. Light

The history of union organizing efforts in the hospital field is discussed in this article, along with the factors judged necessary for successful union organizing. The role played by labor legislation in the unionization of hospital workers is shown, and the influences of the National Labor Relations Act, the Taft-Hartley amendments, and labor legislation at the local level are described. Management has largely resisted unionization because of the social nature of hospitals. Competitive market forces do not confront the not-for-profit hospitals, which are dependent upon third-party reimbursement. While strikes are an integral and essential part of collective bargaining in industry, they are, in fact, detrimental to hospitals because of these institutions' concern with human life. Despite laws and assurances from labor leaders that strikes will not occur, strikes have been used as a method for resolving disputes, though they are basically inconsistent with the economic characteristics and objectives of the hospital. The authors conclude that arbitration awards should be made by arbitrators appointed from outside of the local region of the hospital involved, and that, because of the catastrophic effect of strikes upon patients as well as employees, arbitration awards should be required, should be binding upon both parties, and should be federally enforced.


Author(s):  
Evgeniy Romanenko

In the paper carried out the analysis of e-government as a means of interactive and communicative interaction of public authorities and the public allowed to identify it as a self-organizational tools for effective public-management decisions, to ensure transparency mechanisms for monitoring their implementation. Analyzed the history of creation and international documents that contain recommendations, the requirements for States parties that intend to build or develop at an effective information society. It is shown that the rate of introduction of E-governance in Ukraine is considerably lagging behind the leading countries of the world.


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