European agenda for the collaborative economy

13.7.2016

Question for written answer E-005765-16
to the Commission
Rule 130
Auke Zijlstra (ENF)

On 2 June 2016, the Commission published its document ‘A European agenda for the collaborative economy’ (COM(2016)0356), in which it proposes adopting legislation on the collaborative economy.

This would mean that the EU could determine what an owner may or may not do with his property.

Property is a fundamental right which is protected, inter alia, by Article 1 of Protocol No 1 to the European Convention on Human Rights, which, pursuant to the Lisbon Treaty, applies to most EU Member States.

1. Article 544 of the Netherlands Civil Code stipulates that an owner has the right to dispose of his property in the most complete manner. What legal basis permits the EU to interfere with the use and usufruct of property?

2. In its document, the Commission indicates that, in a collaborative economy, legislation will be fragmented because of different national approaches. I agree with it on that point. The possibility of responding to local needs and problems is precisely where the strength of subsidiarity lies. What does the Commission consider to be the added value of European legislation on the collaborative economy?