法国非营利部门:文献综述

Laura Nirello, Lionel Prouteau
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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.\n 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. 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引用次数: 2

摘要

本文论述了法国非营利部门(NPS)的相关文献。初步部分致力于介绍和讨论塑造法国这一部门方法的特点。我们强调法律类别对行业定义的强大影响,并在这方面强调从1901年《联合合同法》继承的地位的重要性。这就提出了一个问题,需要对该行业进行更深入的分析,因为受该法案监管的非营利组织(NPOs)的多样性有可能被掩盖。事实上,并非所有受1901年法案管制的非营利组织都是英语国家人民所理解的自愿协会。最大的非营利组织是自愿机构,通常有带薪员工,缺乏会员资格(Smith, 2015a, 2015b)。在第一部分中,我们还强调了法国对社会经济概念的首要地位,这一概念今天已成为社会和团结经济(SSE),而不是非营利部门的概念。在过去的几十年里,SSE得到了政府当局的认可,包括但不限于国民年金,因为必须增加合作社和互助团体。在第二部分,文章概述了法国NPS历史上的一些里程碑。法国非营利组织多年来一直是公共当局怀疑、武断和镇压的对象,这种情况一直持续到1901年关于结社合同的立法颁布为止。然而,这种敌对的环境并没有妨碍该部门拥有比有时承认的更丰富的存在。1901年的法案标志着法国NPS历史上一个非常重要的时刻,因为它最终在法国法律中体现了结社自由。虽然自该法案以来法国NPS的历史还有待撰写,但我们的文献综述突出了其当代发展的某些方面,并提出了一个在法国特别值得关注的主题-即某些npo与公共当局之间的相互渗透。事实上,这种相互渗透可能会使前者成为后者的工具,从而影响前者的自治。对政府工具化的恐惧是非营利组织中反复出现的问题。本文献综述还侧重于该部门的实证研究,特别强调最近的研究。这些法国研究基本上采用了两种方法。第一份报告主要与本国专业人员有关,并集中注意它们的经济重要性,不论以财政资源、就业或较少的附加值来衡量。这无疑是关于这个主题的文献中占主导地位的方法。在这样做的过程中,很大程度上强调了大型组织。完全由志愿者管理的志愿协会被视为无足轻重,国家养老金计划中不太正式的部分没有得到处理。第二种方法通过考察该部门所采取的各种形式,如非营利组织成员或志愿工作,来调查该部门所产生的个人参与的种类。在这方面,研究表明,在过去的三十年中,协会成员的数量相对稳定,但志愿服务仍然只有部分记录,现金捐赠也是如此。本审查最后分析了国家公务员制度在下列情况下所面临的挑战:公共资金日益受到限制,这种资金的性质发生变化,以合同代替补贴,本国专业人员之间以及本国专业人员与营利企业之间的竞争加剧。这种背景迫使非营利组织提高其组织专业化程度,某些非营利组织越来越多地使用营利性企业应用的管理工具。这就提出了关于非营利组织的特殊性及其存在的理由être的问题,这些问题促使研究者更加关注非营利组织的治理体系。文章的结论是,尽管对法国NPS的研究取得了进展,但有些方面——比如正式志愿服务和志愿协会的作用——仍然没有得到充分的研究,而其他方面——比如非正式团体和非正式志愿服务——几乎完全被忽视了。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The French Nonprofit Sector: A Literature Review
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.
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