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Law no. 65/2016 for social enterprises in the Republic of Albania.

Country
Type of law
Legislation
Source

Abstract
This Law regulates the organization and functioning of social enterprises and defines the conditions and criteria that an entity must fulfill in order to benefit from the status of social enterprise. The purpose of this Law is to regulate the activity of social enterprises, in order to protect and offer social inclusion of vulnerable groups, through: a) employment, within the recognition of the fundamental right of the individual to have sufficient living resources, in accordance with human dignity; b) providing employment opportunities for persons whose age, health and condition and family does not allow them an active availability in the labor market; c) offering goods and services in diverse forms and with good quality, while provide appropriate and accessible opportunities for individuals with special needs, as well as essential step towards gender equality, as these services facilitate the participation of women in the labor market; d) economic and social integration of groups in need, encouraging the spirit of responsibility, solidarity and social cohesion in the community.
This text is divided into seven main thematic Chapters and a total of 31 articles. Titles of Chapters are as follows: I. General provisions; II. Criteria; III. Status; IV. Organization and functioning of social enterprises; V. Control of social enterprises; VI. Sources of financing and state support; and VII. Final provisions.
This Law applies to legal entities that operate as social enterprises, by creating suitable conditions for employment of disadvantaged individuals in the labor market. The organization and operation of social enterprises is based on universally accepted principles, in within the framework of the exercise of activity for the benefit of the community, and, especially, in the principle of: a) transparency: social enterprises and their decision-making bodies act in a way that shall be transparent and predictable, promoting participation and accountability; b) sustainability: founders of social enterprises undertake the risk of financial stability and prudently plan the realization of income, in cooperation with members and employees; c) autonomy and accountability: social enterprises exercise their activity based on decisions of the governing bodies, which take decisions on organization, operation and administration of the subject autonomously and without being influenced by state bodies, even though benefit from public subsidies. Public bodies have the right to supervise the manner of use of funds that social enterprises benefit from public subsidies; d) collective dimension: social enterprises maintain and promote the collective dimension, including in membership and decision-making other actors, such as employees, volunteers, users of services and buyers of goods, local government bodies and any other actor interested in contributing to the realization of a local development project; e) effectiveness: social enterprises plan and use resources effectively financial, ensuring the maximum possible social benefit.
Social enterprises are promoted through the implementation of support measures, which include financial and other measures, and through the development of the information and education system for social interactions. The social enterprise information and education system includes: a) provision of services, in support of the creation and operation of social enterprises, including advising on the preparation of documentation for the establishment of the social enterprise; b) presentation of new ideas, resulting from market analysis; c) identifying opportunities to provide public services. The ministry responsible for social issues is in charge of drafting promotion policies and the development of social enterprises. Local self-government units support and implement development policies for social enterprises in territories within their jurisdiction. Local self-government units stimulate the participation of social enterprises in public procurement procedures, according to the conditions defined in the legislation in force.
Date of text
Entry into force notes
This Law enters into force 15 days after its publication in the Official Gazette.
Repealed
No
Publication reference
Official Gazette of the Republic of Albania 186/2020
Source language

English

Legislation Amendment
No
Original title
Ligj nr. 65/2016 për ndërmarrjet sociale në Republikën e Shqipërisë.