Soggettività bancaria e finanziaria nei modelli di sharing economy

The models of sharing economy highlight regulatory asymmetries in the juridical organization of the EU internal market, and this paper investigates whether the financial firms are able to use these asymmetries to take advantage of open mechanisms able to manage a high-number (almost limitless) of operations, in competition with credit institutions. In this respect, this research also analyzes the abovementioned models with regard to their contents, hence verifying if the relevant activities require any public authorization. Then, we focus on the juridical relevance of the innovations due to the open economy framework, and then the role of the recent European supervisory mechanisms (namely SSM and SRM). Undoubtedly, as far as the scope of the regulatory framework does not include these innovations, we shall consider them as part of the shadow banking system, with necessary inference on the need for specific checks and controls.