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The focus of the IJCL is cooperative law, broadly defined all those legal rules – laws, administrative acts, court decisions, jurisprudence, cooperative bylaws/statutes or any other source of law – which regulate the structure and/or the operations of cooperatives as enterprises in the economic sense and as institutions in the legal sense, including provisions from other areas of law, applied to cooperatives (such as tax law, labor law, competition law).

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Announcements

  • 20-08-2025

    CALL FOR SUBMISSIONSFOR THE 7th ISSUE OF THE INTERNATIONAL JOURNAL OF COOPERATIVE LAW

    Publication Date: December 2025
    Deadline for Submissions: 31th of May 2025

    Detailed instructions below
    The International Journal of Cooperative Law (IJCL), edited by Ius Cooperativum Association (an international group of cooperative lawyers), is the first ever academic, peer reviewed, online, open access journal explicitly focused on cooperative law

  • 20-08-2025

    Cooperative Law and Sustainable Development: Past, Present and Future5th International Forum on Cooperative LawMoshi/Tanzania, 13 and 14 November 2025Call for Contributions

    The International Forums on Cooperative Law bring together lawyers with an interest in international, regional and national cooperative laws. It is a platform for sharing experiences on diverse cooperative law issues. The Forum is mainly organized by Ius Cooperativum in collaboration with the International Cooperative Alliance Cooperative Law Committee (ICA-CLC). Four Forums have been organized so far since 2016. Ius Cooperativum will hold the 5th Forum November 13 and 14, 2025 jointly with the ICA-CLC and the Moshi Co-operative University (MoCU). Returning to the original idea of holding the Forum bi-annually and alternately in one of the regions of the ICA, this Forum will take place in Africa, and will be hosted in Moshi, Kilimanjaro within the United Republic of Tanzania.

  • 20-08-2025

    The Münkner Series

    The Münkner Series is an online and open-access series of publications contributed to honour and celebrate the scholarship and contribution of Professor Hans-H. Münkner (1935 – 2023) with special reference to his work on cooperative law and development. Here you can download two of the latest issues.

Current Issue

No. 6

DOI:https://doi.org/10.36128/9reshq60

Published December 21 2024

Full Issue

Articles

  1. Dante Cracogna (Author)

    THE PARTICULARITIES OF THE COOPERATIVE HOUSING SYSTEM IN URUGUAY

    The term ‘principles’ has different meanings in different contexts. This work considers the term in the context of the cooperative principles. The cooperative principles are understood as guidelines for actions that facilitate the realization of the cooperative values. Initially, the cooperative principles were mainly found in the bylaws of cooperatives. This was because cooperative legislation was either non-existent or did not incorporate the cooperative principles. Following the publication by the International Cooperative Alliance (ICA) of a definition of the cooperative principles, the principles were more likely to be included in cooperative legislation. This trend became stronger when the Statement on the Cooperative Identity was issued by ICA in 1995. Subsequently, cooperative legislation in many jurisdictions has addressed the cooperative principles in various ways. The adoption of the Statement on the Cooperative Identity by international organizations such as the United Nations (UNO) and the International Labor Organisation (ILO) has significantly contributed to this outcome. However, the harmonization of cooperative legislation varies, as each national cooperative legislation has their own specific regulations. Therefore, harmonization should focuson incorporating the cooperative principles, as they constitute the core of the cooperative identity. This work examines the Project for a Framework Law for the Cooperatives in Latin America and its attention to the cooperative principles as an example ofa potential approach to regional harmonization of cooperative legislation.

  2. Alejandro Darío Marinello , Nicolás Jacquet (Author)

    TEACHING COOPERATIVISM IN LAW DEGREE COURSES IN ARGENTINA. THE CASE OF THE DEPARTMENT OF LAW AT UNIVERSIDAD NACIONAL DEL SUR

    This article addresses “Cooperative Law” in Law degree courses in Argentine universities. First, we describe laws on cooperative education and the regulatory background for its inclusion in the basic curricular contents of the Law degree courses programmes in the Argentine Republic. Next, we describe how, in the last few years, the Argentine university system has adopted these basic curricular contents on cooperatives and mutual associations with different formats and modalities, as a requirement, among others, to obtain the undergraduate degree in Law. Next, we provide an overview of the history and the important presence of social economy in the southwest of Buenos Aires province, specifically in the city of Bahía Blanca, home of the Universidad del Sur. After that, we address the itinerary of the case under analysis, from the programme amendment put forward by the Department of Law, its rationale and approval by the university, to the creation of an optional subject at undergraduate level. Finally, the subject “Cooperative and Mutual Law” is described along with its background, rationale, objectives and syllabus, and presented as a fine example of the articulation between the academic sphere and the local and regional cooperative movement, both to strengthen the professional competence in the field and to increase the discipline and the sector’s visibility.

Cooperative law and housing cooperatives

  1. Sergio Reyes Lavega (Author)

    THE PARTICULARITIES OF THE COOPERATIVE HOUSING SYSTEM IN URUGUAY

    This article initially provides an introductory analysis of public policies and state-institutional frameworks concerning the right to decent housingas enshrined in Article 45 of the Constitution of the Eastern Republic of Uruguay. This article further outlines the general legal framework governing cooperatives in Uruguay before delving into a detailed examination of the cooperative housing system.

  2. Sofia Adam, Ifigeneia Douvitsa, Dimitra Siatitsa (Author)

    ‘THERE IS NO PLACE ‘FOR’ HOME’: PRESSING CHALLENGES VIS-A-VIS LEGAL SOLUTIONS FOR THE DEVELOPMENT OF COOPERATIVE HOUSING IN GREECE

    During the last decade, the intensification of housing issues has gone hand in hand with the revived interest in collaborative and cooperative housing. In fact, since 2010 projects have emerged in many European cities experimenting with alternative housing models based on collective ownership, decommodification of housing and democratic self-management. These efforts are often supported by specific institutional frameworks and public policies, as it is increasingly recognized that cooperatives can provide more equitable, inclusive, affordable, environmentally sustainable and democratic housing solutions.In Greece, cooperative housing has not been historically developed, despite the institutionalization of (civil) building cooperatives as early as in the 1920s. At the same time, an absence is noted of a social or non-profit rental housing model, as public housing policy has over time prioritized the production and promotion of owner-occupied housing (Siatitsa, 2019). Lacking previous experiences and institutional capacities makes it harder to envision and implement similar projects in Greece (Cohab, 2023; Siatitsa and Karagianni, 2022).Taking into account the above, this paper aims to contribute to the debate on housing cooperatives by exploring the legal dimension of housing cooperatives and their potential for development based on the current cooperative legal forms in Greece. The mainrationale is that housing cooperatives constitute a significant instrument within an overall housing policy mix able to confront commodification in the housing market and construct “non-state public” (Ferreri and Vidal, 2022) housing models for those willing to follow this option.

  3. Cristina R. Grau López (Author)

    CURRENT STATUS OF THE REGULATION OF RIGHT-OF-USE COOPERATIVE HOUSING IN SPANISH COOPERATIVE LAWS

    Housing is a fundamental right, but it is also a highly speculative market good. End users have grouped to gain access to housing through various formulas, among which are cooperatives. In Spain, the concept of right-of-use housing is a relatively new phenomenon. Its main characteristic is that the cooperative retains ownership of the building while granting its members the right to use the individual living spaces. This model will progress through an adequate legal framework that addresses and promotes itsspecific features, recognizing the value of living in a community. In response to the sector's demands, the model of right-of-use housing cooperatives has been addressed within cooperative or sector-specific legislation, mostly to safeguard the non-speculative nature of these projects. In this article, we analyse the content of these new laws.

  4. Deolinda Meira (Author)

    HOUSING AND CONSTRUCTION COOPERATIVES IN PORTUGAL. STATE-OF-THE-ART AND LINES OF REFORM

    In Portugal, housing and construction cooperatives are governed by the provisions of Decree-Law no. 502/99 of 19 November and, in the absence of such provisions, by the provisions of the Cooperative Code, which was extensively modernised in 2015. The sectoral legislation on housing and construction cooperatives needs to be reformed, taking into account the innovations introduced in the revision of the Cooperative Code. In this future revision of the sector’s legislation, two fundamental aspects must be taken into account. With regard to operations with third parties, the obligation to consider such operations as complementary should be eliminated. Of particular note is the need to review the classification of the act of transferring housing under the individual property regime, changing the solution provided for in current legislation, which qualifies this act as a purchase and sale. The adjudication regime is the most appropriate solution for this act of transfer.

  5. Evaluz Cotto-Quijano (Author)

    HOUSING COOPERATIVES’ STATUTES AND THE QUEST FOR COOPERATIVE IDENTITY IN PUERTO RICO

    A legal framework that accurately reflects the identity of housing cooperatives is crucial to address the issue of inadequate housing in financially struggling countries like Puerto Rico. However, the Puerto Rico Supreme Court decision in Rolling Hills Housing Cooperative v. Doris Colónhighlights the need for further action. In this case, the court examines whether a housing cooperative may resort to general eviction law to vacate a user-member who was in arrears in her monthly fees. The court states that housing cooperative by-laws shall not subvert the statutorily established process to vacate user-members. A housing cooperative that resorts to general eviction law operates like a capitalistic for-profit leasehold, contradicting its cooperative identity to the detriment of its user-members. Thus, Rolling Hills Housing Cooperative v. Doris Colónis a call to action to train housing cooperative leaders to uphold their cooperatives' identity in their operations.

Legislation

  1. Thomas Beckett (Author)

    RECENT DEVELOPMENTS IN US COOPERATIVE LAW

    The federal system in the United States allocates government authority between the federal (national) government, the 50 states, the District of Columbia, and a handful of other colonial territories such as Puerto Rico and Guam. The legal enabling environment for cooperative enterprise is similarly divided. Federal government policy is largely exercised through tax law, with favorable and restrictive provisions that define cooperative models nationally. Business entity formation is a matter of state law, which is fragmented and greatly variable among the 52+ jurisdictions.

  2. Willy Tadjudje (Author)

    THE CHALLENGES OF THE NEW COOPERATIVE LEGAL FRAMEWORK IN MADAGASCAR

    The cooperative legal framework is changing in Madagascar. A new cooperative law has been in force since August 2023, and its implementing decree is currently being drawn up. The aim of this contribution is to outline the limitations of the former law, as well as the reforms introduced by the new law. This post is very general and will soon be supplemented by a detailed paper on the new Malagasy cooperative legal framework, once the decree implementing the new Malagasy cooperative law comes into force.

Book Reviews

  1. Ramana Subramanian (Author)

    IMPLICATIONS AND EFFICACY OF THE INDIAN MULTI-STATE COOPERATIVE SOCIETY AMENDMENT ACT 2023: A COMPREHENSIVE ANALYSIS

    The Multi-State Cooperative Society Amendment Act 2023is a significant milestone in the evolution of India's cooperative sector. The Act aims to address governance deficiencies and enhance cooperation among cooperatives in India. One notable example is the Act’s establishment of the Cooperative Rehabilitation, Reconstruction, and Development Fund to revive ailing multi-state cooperative societies. This initiative aims to support struggling cooperatives. However, it also imposes a financial burden on profitable entities. Requiring profitable cooperatives to contribute to the fund may raise questions about equity and competitiveness within the sector. The Act also introduces measures to promote democratic governance, including the establishment of the Cooperative Election Authority, Information Officer, and Ombudsman. These initiatives aim to enhance transparency, accountability, and member participation in cooperative decision-making processes, to foster a more inclusive and responsible cooperative environment. However, challenges persist, particularly regardingthe balance between central and state government jurisdiction over cooperative governance. Disputes over legislative competency and potential encroachments on state autonomy underscore the need for nuanced approaches to cooperative regulation that respectboth principles of federalism and cooperative principles. This paper evaluates the implications and efficacy of the Act, focusing on key provisions and their potential impact on cooperative governance, financial sustainability, and overall sectoral development.

  2. Ana Montiel Vargas (Author)

    SOME REFLECTIONS ON THE BOOK: “LOS PRINCIPIOS COOPERATIVOS Y SU INCIDENCIA EN EL RÉGIMEN LEGAL Y FISCAL DE LAS COOPERATIVAS [THE COOPERATIVE PRINCIPLES AND THEIR IMPACT ON THE LEGAL AND TAX REGIME OF COOPERATIVES]”

    This work, edited by Professors Marina Aguilar Rubio and Carlos Vargas Vasserot and coordinated by Professor Daniel Hernández Cáceres, all from the University of Almería, is an indispensable read for anyone interested in the legal framework of cooperatives. It is a true treatise on Cooperative Law, consisting of over eight hundred pages and twenty-nine chapters, which bring together experts from various universities and countries across different areas of knowledge. It includes contributions from twenty authors, all leading specialists in the field and researchers with an international and interdisciplinary approach. 

  3. Aingeru Ruiz (Author)

    RESUME OF “THE BASQUE COOPERATIVE LAW IN THE CONTEXT OF INTERNATIONAL COOPERATIVE LAW"

    "The Basque Cooperative Law in the Context of International Cooperative Law" is an in-depth analysis of the evolution and significance of cooperative legislation in the Basque Country within a global context. Coordinated by experts in cooperative law, the book explores how the Basque Cooperative Law 11/2019 aligns with international trends in cooperative law and how it can serve as a model for other jurisdictions.

  4. Daniel Hernández Cáceres (Author)

    SOME THOUGHTS ON THE BOOK: ‘UNA VISIÓN COMPARADA E INTERNACIONAL DEL DERECHO COOPERATIVO Y DE LA ECONOMÍA SOCIAL Y SOLIDARIA. LIBER AMICORUM PROFESOR DANTE CRACOGNA’ [A COMPARATIVE AND INTERNATIONAL VIEW OF COOPERATIVE LAW AND THE SOCIAL AND SOLIDARITY EC

    This collective and comprehensive work, of 632 pages, coordinated by Professors Hagen Henrÿ of the University of Helsinki and Carlos Vargas Vasserot, Director of the CIDES Research Center of the University of Almeria, honoring Professor Dante Cracogna on his 80thbirthday, provides a comprehensive study of cooperative law and the social economy at the global level. A clear sign of the internationality and globality of this work is that it contains 30 chapters written by 32 authors from 23 universities from 3 different continents. Although it is mainly written in Spanish, it also has contributions in English and French.

Practicioners’ Corner

  1. Piotr Pałka (Author)

    POLISH HOUSING COOPERATIVES WILL BE ABLE TO CARRY OUT TASKS AS A CIVIC ENERGY COMMUNITY

    The European Union is implementing a transformation process towards the widespread use of green energy. The implementation of the activities is long-term and is to be completed by 2050. This is when the EU area is to become a model example of a zero-emission economy prepared also for the Polish housing cooperatives which will be able to carry out tasks as a civic energy community.

  2. Cliff Mills (Author)

    4th INTERNATIONAL FORUM ON COOPERATIVE LAW, COOPERATION, PRINCIPLE 61AND NET ZERO

    The world’s economies are founded on competition, which provides the framework for enterprise driven by the profit motive and the pursuit of private gain. Competing for growth results in humanity living beyond the limits of planetary boundaries, and many people falling short of meeting their basic needs. Achieving net zero requires a different approach.Cooperation provides an alternative economic foundation for enterprise, based on the pursuit of fairness and concern for the impact of enterprise. It enables cooperative arrangements founded on values and principles to replace commercial contracts concerned only with private rights. Principle 6 3was introduced to enable cooperation to achieve the scale needed to challenge the dominance of competition-based enterprise. It encourages cooperatives and other enterprises, public bodies and institutions to collaborate amongst each other and thereby to move to the next level: from cooperation within businesses to cooperation between businesses and other organisations. This paper is written from a UK perspective but its arguments will resonate with other jurisdictions in a number of respects.

  3. Juan Enrique Santana Félix (Author)

    COOPERATION AMONG COOPERATIVES: IS GOVERNMENT INTERVENTION AN OBSTACLE OR A FACILITATOR?

    This article examines the cooperation among credit unions in Puerto Rico, focusing on the development of these entities, the legislation that governs them, and the challenges that arise when requesting the creation of branches. It explores cooperative principles, the doctrine supporting them, and the role of government intervention in this context. The importance of maintaining solidarity among cooperatives to meet common needs and avoid harmful competition between cooperatives is discussed. Specific cases that have generated controversies between cooperatives and the state regulation governing the opening of new branches are analyzed, highlighting the need for transparency and fairness in this process.

Interviews

  1. Ifigeneia Douvitsa, Hagen Henrÿ (Author)

    Interview with Andriani Mitropoulou

    Thank you, Ms. Mitropoulou, for accepting this interview! It is my great pleasure to interview you with Hagen Henrÿ for our journal as your work has guided my research and enhanced my understanding of complex matters in cooperative law. As with the other interviewees may we start by asking what made you develop an interest in the subject of cooperative law and whether cooperatives in general, and cooperative law in particular, was part of your formal education.