Cooperatives between State control and the Collaborative Economy

T18. STAGE 3. MACRO: CONTEXTUAL LEVEL The main objective of my paper is focused, in general, on a critical review of the legislative policy of the Spanish state on cooperatives. In particular, at the consequences of what I... [ view full abstract ]

T18. STAGE 3. MACRO: CONTEXTUAL LEVEL

The main objective of my paper is focused, in general, on a critical review of the legislative policy of the Spanish state on cooperatives. In particular, at the consequences of what I consider as an excess of regulation which weakens the necessary autonomy and independence that should guide the cooperative sector.
As is well known, the "Spanish cooperative law system" is characterized by the dispersion and multiplicity of laws. Obviously this is a starting point that I would only indicate just because it has been widely discussed by the doctrine.

Where I would really put the focus is on what, in my opinion, are two threats to the cooperative sector nowadays. On the one hand, it was considered that excessively detailed rules question the desirable "autonomy" of cooperative societies. Thus violates, in my view, the cooperative principle of autonomy and independence that should governs this type of companies. Moreover, if we consider the report of SGECOL on the Principles of European Cooperative Law as we see in its Section 1.2 (Law applicable and cooperative statutes), the framework idea that should regulate this matter is the minimum interference. In sum, the "special nature" of cooperatives must prevail over saturated regulation and the self regulatory power -via bylaws or internal regulations- it must be prioritized face the law

On the other hand, I also wanted to point out one of the reflection effects that this excess of discipline entails: the rise of spontaneous and unregulated forms of collaboration between private individuals. In effect, as is known, the so-called “Collaborative Economy” operates in many economic sectors and under various forms of self-management and has come to replace, in some cases, forms of cooperation made traditionally through the cooperative formula. Take as an example, certain activities of consumer cooperatives that in some fields have been replaced by other associative figures constituted by consumers; or, on another level, in collaborative forms of business and cultural co-financing. This "innovation" in the area of "cooperation/collaboration" could be result of a too detailed and interventionist cooperative laws. Laws that, on the other hand, don´t prioritize the necessary control of companies which, under the appearance of cooperatives, function as true corporations.