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SHARING Economy in Europe : Opportunities and Challenges / Edited by Janja Hojnik

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SHARING Economy in Europe : Opportunities and Challenges / Edited by Janja Hojnik Sharing Economy in Europe Opportunities and Challenges Edited by: Janja Hojnik Sharing Economy in Europe Opportunities and Challenges Edited by: Janja Hojnik Sharing Economy in Europe - Opportunities and Challenges Edited by: Janja Hojnik Technical Editor: Aleksander Aristovnik Graphic design: Spotnet d.o.o., Mitja Pogorevc Cover design material: Fotolia Zavod 14, Cankarjeva 4, 1000 Ljubljana Tel: +386 41 735 673 [email protected] https://zavod14.si European Liberal Forum asbl, Rue des Deux Eglises 39, 1000 Brussels, Belgium [email protected] www.liberalforum.eu Printed by Schwarz print d.o.o., Ljubljana Published by the European Liberal Forum asbl with the support of Zavod 14. Co-funded by the European Parliament. Neither the European Parliament nor the European Liberal Forum asbl are responsible for the content of this publication, or for any use that may be made of it. The views expressed herein are those of the authors alone. These views do not necessarily reflect those of the European Parliament and/or the European Liberal Forum asbl. (C) 2018 The European Liberal Forum (ELF). This publication can be downloaded for free on www.liberalforum.eu or zavod14. si. We use Creative Commons, meaning that it is allowed to copy and distribute the content for a non-profit purpose if the author and the European Liberal Forum are mentioned as copyright owners. (Read more about creative commons here: http://creativecommons.org/licenses/by-nc-nd/4.0) CIP - Kataložni zapis o publikaciji Narodna in univerzitetna knjižnica, Ljubljana 005.35 SHARING economy in Europe : opportunities and challenges / edited by Janja Hojnik. - Ljubljana : Zavod 14, 2018 ISBN 978-961-94545-0-3 1. Hojnik, Janja 297198336 Index Introduction 09 Janja Hojnik The Collaborative and Sharing Economy: 15 1. The Concept and the Need for a European Approach Janja Hojnik The Sharing Economy – Promoting Entrepreneurship and 33 2. Enabling Additional Income Tomi Jurman The Gig Economy in the Age of AI – Peril of the Working Class 43 3. or the Promised Future of Work? Jan Klesla Work in the Gig Economy: Employees or Independent Contractors? 51 4. Valentina Franca Taxation of the Sharing and Digital Economy: 61 5. Taxation Models for an Innovative Landscape Nana Šumrada Slavnić Consumer Protection and the Sharing Economy 75 6. Petra Weingerl Uber – An Overview of the International Case Law 89 7. Katja Vizjak Ridesharing and Regulatory Changes – the Case of Poland 105 8. Łukasz Dąbroś, Mateusz Sabat Slovenian Regulation of Short-Term Apartment Rentals via Digital 119 9. Platforms Ana Vlahek, Matija Damjan The Future of Law: Why Legal Delivery is Fit for the Sharing Economy 145 10. Ana Jereb, Primož Rojac 3 The European Liberal Forum (ELF) is the foundation of the European Liberal Democrats, the ALDE Party. A core aspect of our work consists in issuing publications on Liberalism and European public policy issues. We also provide a space for the discussion of European politics, and offer training for liberalminded citizens. Our aim is to promote active citizenship in all of this. Our foundation is made up of a number of European think tanks, political foundations and institutes. We work throughout Europe as well as in the EU Neighborhood countries. The youthful and dynamic nature of ELF allows us to be at the forefront in promoting active citizenship, getting the citizen involved with European issues and building an open, Liberal Europe. Zavod 14 is a non-profit (ELF full member) organization whose headquarters are in Ljubljana, Slovenia. Zavod 14 promotes social liberal ideas (balancing between individual liberty and social justice) and seeks to protect liberal values (e.g. democracy, the rule of law, social development, good governance etc.) The mission of Zavod 14 is to strengthen the initiative of civil society as well as the integration and cooperation of the interested public, assist in conveying interested stakeholders’ perspectives to state and other institutions, cooperate on preparing and implementing politics, and contribute by joining the initiative of civil society with international associations. 4 Authors’ biographies Łukasz Dąbroś (MSc, PhD student in Economics, Warsaw School of Economics) researches economic analysis of law, political economics and is interested in evidence-based policymaking. Apart from the academia. He also works as an analyst for .Nowoczesna – a Polish liberal political party. Matija Damjan (PhD, Research Fellow at the Institute for Comparative Law in Ljubljana and Assistant Professor for civil and commercial law at the Faculty of Law, University of Ljubljana) has been researching in the fields of civil law and intellectual property law since 2004 and is currently engaged in a long-term research programme focusing on the legal challenges of information society. Valentina Franca (PhD, Assistant Professor and Research Fellow at the Faculty of Administration, University of Ljubljana, Slovenia); her main research work is concentrated in collective labour relations, especially she is focused on social dialogue and employee participation. She has published several articles and has been involved in different national and international research projects in this field. She is a national expert in the Workers’ Participation Network (coordinated by the ETUI), member of the editorial board of Adapt, Association of International and Comparative Studies in Labour and Industrial Relations and of the E-journal of International and Comparative Labour Studies. Janja Hojnik (PhD), Full Law Professor at the University of Maribor, Faculty of Law (Slovenia), Jean Monnet Professor for EU legal studies, Head of Doctoral Studies (2016-2020), Vice-Rector of University of Maribor for Quality, HR and Legal Affairs (2018-2022), teaching and researching in the field of EU Law (internal market, price regulation, international trade, digital economy). Up to date holder of three Jean Monnet projects of the European Commission, currently Jean Monnet Chair on EU law aspects of smart and sharing economy. At various levels involved in deliberations on legal challenges of sharing economy (e.g. member of a panel at the Bled Strategic Forum, EU Commission, Slovenian Government etc.). Author 5 of the article “Servitization of EU Industry – Legal Implications and Challenges”, published in Common Market Law Review (Dec 2016) and of the article “Tell Me Where You Come from and I Will Tell You the Price: Ambiguous Expansion of Prohibited Geographical Price Discrimination in the EU” (CMLRev, forthcoming). Ana Jereb (PhD, LL.M. (MIDS), senior judicial advisor at the Supreme Court of Slovenia) is part of the IURALL team developing smart, tailor made legal solutions. Her main focus is legal design and how to bridge the gap between users and the law. Tomi Jurman (Bachelor of Economics, Doba Business School, Maribor) is an entrepreneur and has many experiences in the field of consulting, entrepreneurship and management. He is working on sharing economy solutions and complementary currencies. Jan Klesla has studied law, economics and IT in Prague, Norwich, Budapest and Florence. Before entering the media, he gained experience in law, finance and information technology. He worked as a business reporter and then as an editor of Hospodářské noviny (Business Daily). Then he founded the economic periodical Index LN in Lidové noviny (Public Daily) and up until recently he was a Economics editor of the newspaper. Currently he is an economic commentator of LN. In the long term, he deals with the digital economy, investment and regulation, particularly in the area of technological disruption of traditional industries. Primož Rojac (LL.M. (LSE), ex attorney-at-law and entrepreneur) has founded IURALL – an online marketplace connecting clients with specialized legal service providers – in order to provide Just in Time/Just Enough legal services to users. His main interest is the future of law and how can legal tech improve access to justice and lower its cost. Mateusz Sabat (MSc in Economic Analysis of Law, Warsaw School of Economics) is the member of the managing board of .Nowoczesna (a Polish liberal political party) as well as the director of the analysis deparment of the party 6 Nana Šumarada Slavnić (LLM, PhD) studied law at Ljubljana School of Law (Slovenia), Harvard Law School and Katholieke Universiteit Leuven. She holds the academic degrees of Dr. Juris, Master of Laws and Bachelor of Laws. She was a fourth referendaire at chambers of Dr. Marko Ilešič, Slovene judge to the Court of Justice of the European Union, for five years. Then she was manager at PwC Slovenia and member of PwC European Direct Tax Group‘s specialist bodies, the Technical Committee and the State Aid Working Group, and served as Tax Manager for South and Eastern Europe at IBM. Currently she is General Legal Counsel of Outfit7 Limited. She is a holder of AmCham Slovenia Top Young Potential 2012 Award. She has also authored and co-authored a number of tax and EU law related publications. Katja Vizjak (Judicial Trainee at Higher Court in Celje, PhD student at the Faculty of Law, University of Maribor) is conducting research in the field of EU law and Criminal law. Ana Vlahek (PhD, Associate Professor of civil and commercial law, and Assistant Professor of European law at the University of Ljubljana, Faculty of Law) teaches European law, competition law, property law, and contracts, which are also subjects of her research work at the Institute for Comparative Law at the Faculty of Law in Ljubljana. She has published several academic articles and has delivered papers at national and international conferences. Petra Weingerl (DPhil, MJur (Oxon)), Assistant Professor at the Faculty of Law, University of Maribor, she completed her doctorate and Magister Juris (with distinction) at the Faculty of Law of the University of Oxford as a Peter Birks Scholar. Before commencing her DPhil, she worked at the Court of Justice of the EU in Luxembourg and at Higher (Appellate) Court in Ljubljana. She was a visiting researcher at the European University Institute in Florence and at the Max Planck Institute in Hamburg.
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