The social services sector today is, increasingly, a market in which components of care are purchased by service users or local authorities from independent providers.

The development of this market means that the rules of the European Single Market (public procurement and state aid) are applicable. The creation of markets in social services is seen by some as a threat to the quality of services and the EU rules as condoning a perceived preference of cost over quality. This has led to two concurrent debates: one about the impact of the public procurement and state aid rules on social services, and the other about quality assurance in the market-place.

The European Commission has sought to clarify the application of these rules to the social services sector through consultation. As a result of this consultation, two FAQs (frequently asked questions) were produced: one on public procurement, the other on state aid. There is also an online service, which allows you to ask the Commission for advice on compliance with these rules.

A wide-ranging study on social and health services (2008) by the Commission seeks to build a picture of the sector today. Further, the Commission is also considering bringing forward (non-binding) European quality principles for social services.