El Derecho de la Economía Socialentre la Constitución y el mercado, la equidad y la eficiencia

Resumo

The existence of a set of legal rules intended to respond to the demands of singular companies, on the one hand, and on the other, to allow a certain control, supervision and encouragement of their activity on the part of the authorities is nothing new. The question is not, therefore, whether or not there is such a thing as Social Economy Law (see section 129 of the Spanish Constitution: «the authorities shall encourage by suitable legislation …»). The question is the choice between systematic Social Economy Law or random Social Economy Law condemned to the limitations of fragmented, hackneyed thinking. Based on this premise, an attempt will be made to determine the features that characterise this legislation and after exploring its possible nature as special law and situating the social economy company as an essential element of it, to proceed to trace its outlines as a new systematic category, integrated into a special Company Law by reason of its subject, the company, and open by reason of these new times.