Speakers
Description
Current regulations on short-term rental accommodation (STRA) are rooted in traditional concepts of long-term tenancy and ownership. The EU legal framework, shaped by competition law and common market principles, safeguards the platform economies' fundamental freedom to provide services within the Union (Article 56 TFUE). However, these provisions frequently clash with local policies aiming at promoting affordable housing, particularly in large and touristic cities, where the rise of STRA challenged the classical tenancy models and generated disruptive effects on the local housing markets. The lack of coordination between different policy levels exacerbates the difficulties in mitigating these effects. This study investigates the complex legal interactions between EU, national, and regional systems through a comparative analysis of Germany, Poland, Italy, and Spain's legal frameworks. We examine key policies and case law that directly or indirectly govern STRA—such as taxation and business law—to highlight their effects and level of harmonization through their interactions with European and regional frameworks.
Finally, we explore the mismatch between the rapidly evolving STRA setting and the legal doxa on ownership, tenancy, and competition. This analysis is supported by survey data collected from legal experts across the EU, illustrating where traditional legal frameworks struggle to accommodate the rapid changes introduced by STRA. Our findings offer insights into the legal complexities of balancing platform economies and housing market stability in Europe.
References
Bei, G., & Celata, F. (2023). Challenges and effects of short-term rentals regulation: a counterfactual assessment of European cities. Annals of Tourism Research, 101, 103605.
Colomb, C., & Moreira de Souza, T. (2021). Regulating short-term rentals: platform-based property rentals in European cities: the policy debates. Property Research Trust. https://doi.org/10.52915/KKKD3578.
Gauß, P., Gensler, S., Kortenhaus, M., Riedel N., & Schneider, A. (2024). Regulating the sharing economy: the effects of day caps on short- and long-term rental markets and stakeholder outcomes. Journal of the Academy of Marketing Science.
Kahneman, D., & Tversky, A. (1979). Judgement under uncertainty: heuristics and biases. Science, 185, 1124–1131.
Mróz, T. (2010). The property law during the reconstruction of political system in Poland after 1989. Białostockie Studia Prawnicze, 7, 36–49.
Padoa-Schioppa, A. (2017). A history of law in Europe: from the early Middle Ages to the twentieth century. Cambridge University Press.
Ross, A. (1953). Om ret og retfaerdighed. Nyt nordisk förlag, Copenhagen. English translation: Ross A. (2019). In J. v. H., Holtermann (Ed.), On law and justice (U. Bindreiter, Trans.). Oxford University Press, Oxford.
Sacco, R. (1991). Legal formants: a dynamic approach to comparative law. American Journal of Comparative Law, 39, 1–34.
| Keywords | STRA; Airbnb; Overtourism; EU Competition Law; Affordable Housing; Tenancy Models |
|---|---|
| Best Congress Paper Award | Yes |
