State Regulation of Diaconal Actors in the Realm of Health and Social Services: Comparing Denmark, Norway and Sweden

In Denmark, Norway, and Sweden, diaconal actors have been pioneers in social and health work. By applying complexity theory on managing unpredictability, the article reviews recent pioneering efforts: caring for undocumented migrants—whose legal permissions have expired. Pioneering efforts apply to services for substance abusers. With Norwegian examples, unpredictability is demonstrated for institutional and drop-in services. The second part of the article analyses different strategies for facilitating diaconal actors: the Danish so-called “in-house” system, and Norwegian and Swedish public procurement legislation that allows reservation for non-profit actors. Within public procurement, defining certain services as Services of General Economic Interest (SGEI) is an option, underutilized by Norway and Sweden. Finally, a draft directive on European cross-border associations (ECBA), including religious associations, is explained. By reviewing policy documents, legislation, court rulings, and adopted and draft EU directives and regulations, the article’s overall conclusions are: the services to undocumented migrants have not affected the overall relationships between diaconal actors and political authorities, and starting such services is not a radical shift for diaconal actors. Moreover, Denmark provides the greatest predictability for non-profit actors.