September 29, 2020

The Barcelona Bar Association proposes to evict the squatters within 48 hours of the complaint




The Barcelona Bar Association (ICAB) has proposed a legislative reform that allow squatters to be evicted within a maximum period of 48 hours from the precautionary petition if at that time they cannot prove that they maintain a link with the property that legitimizes them to remain in it.

A proposal that he explained at a press conference the president of the ICAB Normative Commission, Jesús Sánchez, the members Jorge Navarro and Julio Naveira, the professor of Procedural Law at the University of Barcelona Vicente Pérez-Daudí, the lawyer and deputy mayor of Mataró Núria Moreno and the dean of the Mataró Bar Association, María Pastor.

The Barcelonan law thus proposes a modification of the Criminal Procedure Law to provide a “fast and agile” solution to the occupation of real estate, a phenomenon that they claim is “on the rise”, especially in Catalonia, with 20 cases a day in the first half of the year, according to data from the Ministry of the Interior.

This measure is especially designed for occupations that occur in second homes, in which case, when the owner alerts the Justice, the magistrate or court must give a period of 48 hours to the occupants to prove if they have any link with the property or, otherwise, they will be evicted.

«In the cases in which it knows of a crime of the article of the 245 Penal Code, the Judge or Court will adopt the eviction measure for reasons within a maximum period of 48 hours from the precautionary petition, without the need to provide a guarantee, as long as, once the occupants of the property are required, they do not exhibit the legal title that legitimizes the permanence in the property, “the proposed text has maintained.

Once the eviction has been agreed, it may be reported to the municipal social services to facilitate the relocation of the occupants, taking into account their possible situation of vulnerability.

«We cannot remain silent in the face of the violation of the right to housing and to private property, which is spreading and violating social peace, “said Pastor, who asserted that the current law” makes the mafias much more agile, fast and imaginative than Justice itself. “

For his part, Moreno has denounced that «The mafias have made the August this summer» and he has ensured that “the only thing the occupiers have in common” is that “they are causing a serious problem of coexistence and security” that is concentrated in urban areas.

According to the ICAB, the delay in the prosecution of the usurpation of real estate and the absence of the precautionary eviction has contributed to the proliferation of illicit conduct in which, “under the false guise of an occupation based on the state of need, certain groups or people who operate in the most absolute opacity and impunity are hidden, obtaining economic benefits ”.

According to the government data cited by the Barcelonan legal profession, 48.5% of all occupied properties in 2020 are in Catalonia, where 3,611 complaints have been filed in the first six months of the year, almost half a thousand more than in the same period last year.

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