El govern espanyol recorre una part de la llei antidesnonaments catalana


MADRIDEl govern espanyol porta al Tribunal Constitucional (TC) una part de la llei antidesnonaments catalana aprovada a principis del 2022. En concret, el consell de ministres d’aquest dimarts ha aprovat presentar un recurs d’inconstitucionalitat contra un dels punts de la normativa que the TC had already overturned: article 12, which obliges large landlords to offer social rent to the vulnerable families they are occupying. Catalan law states that the landlord must offer them a rental of these characteristics before asking to be evicted.

The Spanish government considers that this article affects “the regulation of private property and violates the principle of prohibition of the arbitrariness of public authorities”. The decision to present an appeal was approved by the Council of Ministers this Monday, according to the reference. This, however, is not the first time that this measure has been brought to the Constitutional Court. Already in December 2019, the Generalitat approved a decree of urgent measures to limit evictions, especially in those cases of vulnerable families. In that case it was the Popular Party that appealed the decree to the high court. Finally, in January 2021, the Constitutional Council unanimously annulled the decree.

The Generalitat, however, did not give up and in January of this year took a new step forward to recover the Catalan anti-eviction law. ERC, JxCat, the commons, the PSC and the CUP reached an agreement to carry forward the current rule that replaced the decree overturned by the TC.

Pending the state housing law

This is precisely one of the elements that the partners of the Spanish government, in particular ERC and EH Bildu, are negotiating in the framework of the state housing law, which remains blocked in the Congress of Deputies. In fact, even from Unides Podemos they note that “the law [d’habitatge]as it is now, it doesn’t come out”, sources from the purple formation maintained at the ARA.

One of the amendments being negotiated is the introduction of forcing banks and investment funds (large tenants) to offer social rent before an eviction, as happens in Catalonia. The measure, which was born from the Mortgage Affected Platform (PAH), has also been demanded by the Tenants’ Union. “We are deeply disappointed by the government’s refusal to apply measures to prevent the eviction of vulnerable families” or to oblige to offer affordable rents, the PAH pointed out in a statement after the last meeting with the Ministry of Transport, in charge of the design of the rule

While waiting for what the Constitutional Court decides, the fact of appealing articles like this causes a lack of legal protection for many families (it remains to be seen whether the appeal will challenge the law or not). An example is the TC’s decision to overturn some of the articles of the Catalan housing law that regulated rental prices. The Spanish government has defended that the state rule aims to extend the regulation of rents to the whole State, but at the moment it remains deadlocked in the Congress of Deputies and, therefore, it is not possible to apply the regulation to rents as Bye now.

In this case, the Constitutional Court alleged, in its decision, that the annulled articles – which refer mainly to the contracts that must be signed in the areas referred to as “tense” – represent “an invasion of the autonomous community in the competences of the State”, which, according to the Constitution, is the one who has the power to regulate the contractual bases in civil matters.


Source: Ara.cat – Portada by www.ara.cat.

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