The CGPJ rapporteur supports the government's housing law, but notify that it will stress the courts

The full Council of the General Council of Judicial Power (CGPJ) will meet next Friday to study the proposal to report to the Draft Law by the right to housing

The CGPJ rapporteur supports the government's housing law, but notify that it will stress the courts

The full Council of the General Council of Judicial Power (CGPJ) will meet next Friday to study the proposal to report to the Draft Law by the right to housing approved by the Government of Pedro Sánchez. The report that vowels will discuss, to which the world has had, includes favorable general considerations when considering the preliminary draft as "an adequate normative instrument to consecrate and endow the right to housing", which the Constitution collects in its article 47.1. The presentation of the study has corresponded to the Progressive Director Álvaro Cuesta.

The report proposal, of 98 pages, argues that the text of the preliminary draft aims to ensure compliance with this right of equal terms for all Spanish citizens, without prejudice to the skills that the autonomous communities are attributed over the matter.

The preliminary draft defines the rights and duties of citizens in relation to housing and establishes a basic regime of the right to private property; It regulates the action of public powers on housing, as well as rights, obligations and responsibilities in the purchase and leasing operations of the housing. Among other measures, it includes those related to information and transparency on housing and soil and those referring to the containment of rental prices and to the modification of eviction procedures, contained in the final provisions.

Among other considerations, the pension of the CGPJ warns of the unconsciousness and imprecision that affects some statements and contents of the preliminary draft, which makes it difficult for the precise definition of the right that is intended to guarantee. As an example of this, and without prejudice to the autonomous competences in the matter, it indicates the absence of a minimum degree of concretion in the definition of concepts such as infraving, dignified and adequate housing and affordable conditions according to the financial effort or in the establishment of the Duties of the citizen in relation to the actions of conservation, repair or improvement of housing.

It also misses the rapporteur that the preliminary draft specifies the means that will be used to make the tutelage of the right to housing effective. Despite its basic nature, it indicates the proposal for the slope report, the legal preliminary draft requires a greater degree of clarity, for example, in the identification of the owner of the law and the obligatory subject and regarding the way in which the compliance of said can be required right.

This lack of concretion is especially appreciated in the precepts that determine the rules of price intervention of the housing rental market. At that point, the prelegislator seems to have resigned to regulate specific pre or extra-processing mechanisms to ensure compliance with the limitations introduced in the first final provision of the text, leaving their enforceability and compliance in the hands of the judicial organs. This solution, collects the proposal of opinion, will have an impact on the workload that the courts support, already elevated.

The report proposal that will be discussed on Friday by full pointing, on the other hand, that the design contained in the preliminary project to intervene in the housing rental market is compatible with the right to the property of art. 33 of the Constitution. The adopted regulation does not make this right unrecognizable nor denies the economic utility of the property, so it moves within the control parameters established by the Constitutional Court and by the European Court of Human Rights.

Likewise, the draft report asks greater precision in the rental price containment measures, based on an empirical analysis of the result of said measures. It is, therefore, the convenience of establishing a temporary period of application of restrictive measures, so that its result and incidence can be evaluated both in the residential rental market and from the social and economic point of view. "It is true that measures to contain the rental prices that are contemplated at the first final disposal of the preliminary project, with the modification of the LAU, are aimed at rents in tensioned residential market areas, and that the validity of the Declaration of a territorial area as a residential market zone stressed will be three years, and may be extended annually in the terms provided for in Article 18.2 d) of the preliminary project, but this does not entail the imposition of the obligation to review the system as a function of the empirical analysis of the result of the measures adopted, "he recalcated.

In this sense, the fact that these pricing measures are aimed at rentals in residential market zones tensioned -claration whose validity is three years, extendable-, does not entail an empirical analysis of the result of Its application, recalls the report proposal.

On the other hand, the report emphasizes that the new housing law has to coexist with the numerous autonomous legislation issued on housing - of which has already been mentioned above - and that, with the proclaimed basic nature, has Serve as a constitutionality parameter of autonomic regulations. The report that eventually approves the full of the Council will be mandatory but not binding on the executive.

Updated Date: 11 January 2022, 09:30

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