The article highlights volunteering as a driver of active citizenship, democracy, and human rights in Europe. It calls for harmonizing national regulations to advance a common European volunteering policy.
PhD in Law, Associate Professor of Labour and Social Security Law at the Universidad Rey Juan Carlos, widely recognized as the architect of Spain’s current Volunteering Act.
It is worth noting from the outset that it is not possible to speak of a “European area of voluntary action,” since competence in this field lies with the Member States.
This does not prevent us from recognizing that the attention paid by the European Union has been intense—indeed, one might say very intense—since 1985. A particularly illustrative example is the Resolution of the European Parliament of 10 December 2013 on volunteering and voluntary activities in Europe, which emphasized the value of volunteering by defining it as “a fundamental aspect of active citizenship and democracy, as well as of personal development, reflecting European values such as solidarity and non-discrimination, and contributing to the promotion of participatory democracy and the advancement of human rights within and outside the EU.”
This recognition at the European level has very likely contributed to many States adopting their own volunteering regulations. In some countries, this has taken the form of specific legislation (in addition to Spain, this is the case, among others, in Italy, Portugal, Belgium, Austria, Slovenia, Croatia, Luxembourg, the Czech Republic, Slovakia, Hungary, Poland, Romania, and Cyprus). In other cases, mixed strategies or frameworks have been adopted (Germany, Sweden, or Greece), or a non-legal regulatory regime has gradually developed (France).
An examination of volunteering regulations makes it clear that, despite the differences that may exist among countries—largely stemming from their distinct circumstances—there is broad consensus regarding what may be considered the essential features of volunteering. Today, no one doubts that voluntary action, in addition to being voluntary, must be free and unpaid, always aimed at improving the quality of life of individuals and society in general, as well as protecting and preserving the environment. There may be regulatory differences, among other matters, concerning whether or not the activity must be carried out within an organization, the system for reimbursing volunteers’ expenses, the scope of insurance coverage for volunteers, or the viability of informal volunteering. However, the objective of achieving social cohesion and transforming unjust social structures is generally accepted as the axiological substratum inherent in volunteering, always guided by a firm commitment to the defense of Human Rights.
Starting from this consensus on essential features and the values that inspire them, and given the European Union’s drive to achieve a “common approach,” such an effort becomes both necessary and urgent. A responsible and good-faith comparison of laws or strategies, seeking currently feasible avenues of convergence, would make it possible to present a solid proposal to the EU institutions and thus move forward toward a European volunteering policy.
The present moment is particularly opportune if the current aim is to strengthen the autonomy and consolidation of the European Union in the face of external influences contrary to its core principles. Volunteering—let us recall, a fundamental aspect of active citizenship and democracy that helps foster participatory democracy and promote human rights within and beyond the EU—stands as a valuable instrument in achieving that objective.
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