Cooperatives between State control and the Collaborative Economy

This paper (presented at ICA Research International Conference, Almería, May 2016) is focused
on two perceived threats to the co-operative movement: excessively detailed rules that question
the desirable “autonomy” of co-operative societies, and the rise of spontaneous and unregulated
forms of collaboration. On the one hand, there is violation of the co-operative principle of autonomy
and independence that should govern this type of business. On the other, an indirect effect that
this excess of discipline entails is the replacement of traditional co-operatives by the so-called
“collaborative economy” model that operates in many economic sectors and under various forms
of self-management. The conclusion is that the “special nature” of co-operatives must prevail over
saturated regulation and the self-regulatory power — via bylaws or internal regulations. The legal
advantages of a correct interaction between the co-operativism and unregulated forms of collaboration
are also presented.