Regarding the recent Decreto-Lei n.º 138/2013, from October 9th: the choice of private partners to provide Welfare State services - in particular the case of charities in the health area

Abstract

The provision of social services is ensured by the State, by the Market and by the so-called Third Sector. As a rule, when the State does not provide these services directly, it hires companies, associations, foundations or organizations of a religious nature. Either in domestic law or in the law of the European Union there is an almost unanimous understanding of not applying the public procurement rules to this type of public services, for several reasons. Regarding the recent adoption of a statute directed specifically to the provision of health services by IPSS, the main institutional category that qualifies charitable activities, the paper seeks to question the dominant opinion concerning procurement law under the designated social services of general interest, ie, the services of the welfare state.