COMPETITION CHALLENGES IN THE ACCOMMODATION SHARING 685 that concerns sharing economy accommodation13. The right of the residents to have secure, habitable and affordable housing is often claimed to be under threat from sharing economy accommodation. Member States have created provisions as a way of trying to mitigate these effects14 in order to defend housing protection. The above-mentioned questions, as we will see, have consequences regarding competition rules. National provisions try to solve these issues in an isolated, case-by-case way, considering their regional interests and without finding an integrated answer which is able to solve the major issues involved in this activity. According to the communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions15, “This can result in uncertainty over applicable rules, especially when combined with regulatory fragmentation stemming from divergent regulatory approaches at national or local level. This hampers the development of the collaborative economy in Europe and prevents its benefits from materializing fully. At the same time, there is a risk that regulatory grey zones are exploited to circumvent rules designed to preserve the public interest”. With this document, the Commission urges Member States to make urgent regulations on sharing tourism. In the ’80s, the EEC issued the first guidelines of a communitarian policy on tourism16, until the creation of a legal basis that enabled the EU to act in tourism matters. With Article 195 of the LisbonTreaty17, the EU tried to create regulation in order to protect the Union’s fundamental principles: freedom of circulation of persons, goods and establishment, protection of internal markets, protection of consumers and loyal competition. 13 Vd. CAFÉ A. (2018) “Global Code of Ethics for Tourism and Charter for Sustainable Tourism in a crosspoint with effective and sustainable rights” Sustainable Tourism Law (Ed.) FRANCESCHELLI V., MORANDI F., TORRES C., ESHTE/INATEL, pp. 437-448. 14 E.g. in 2016, Berlin municipality stopped licencing private houses for touristic rental purposes and expressly forbade non-licensed houses to offer touristic rental services. On 11th May 2018, a new law was approved with provisions that allow new licences, with restrictions; however, for instance: the rental period for each house per year is limited, and housing rights stimulation measures were approved. In the Balearic Islands, the law restricts touristic rentals in many of the cities and touristic zones. 15 Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions A European agenda for the collaborative economy {SWD(2016) 184 final} https://www.eesc.europa.eu/resources/docs/com2016-356-final.pdf. 16 Resolution of 10 April 1984, concerning a communitarian policy on tourism. 17 Notwithstanding, the Maastricht Treaty has a provision in Article 3, allowing communitarian actions on tourism matters.
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