April 14, 2021

The Constitutional Court endorses the law that speeds the evictions of illegally occupied houses

The Constitutional Court endorses the law that speeds the evictions of illegally occupied houses


The Constitutional Court (TC) has endorsed the law that establishes quick measures to recover illegally occupied homes by speeding up the evictions, estimating that it does not violate either the right to the inviolability of the home or a decent home.

In a sentence the Plenary of the TC dismisses the appeal of unconstitutionality promoted by more than fifty deputies of the United Podemo groups against the modification of the Law of Civil Procedure last year in relation to the occupation of illegal housing, reports Efe.

The appellants considered that the challenged law violated, among others, the right to the inviolability of the home and to enjoy decent and adequate housing, because they made it possible to execute a forced eviction from housing without a housing alternative and without allowing the judicial bodies to assess the concrete concurrent circumstances in each case.

The sentence, of which the magistrate Andrés Ollero has been a speaker, points out, however, that "the judicial decision to proceed to the eviction of the occupants that can be adopted in the process for the recovery of the possession of the house" instituted by the legal reform "does not constitute a violation of the right to the inviolability of the domicile".

The court explains that the choice of residence is not an absolute right that enables occupy any dwelling or space but has limits and must be exercised in accordance with the law, since "to live lawfully in a house it is necessary to enjoy some right that enables the subject to carry out such use of the property in which he intends to establish himself".

Clarifies that the judicial order to evict the occupants of the house does not exclude that public authorities must attend to situations of residential exclusion that could occur, particularly when they affect particularly vulnerable people.

In this regard it abounds in that "the judicial resolution ordering the eviction of the illegal occupants of housing must be communicated to the public services competent in matters of social policy".

This "so that within seven days they can adopt the protection measures that were appropriate in order to the situation of vulnerability in which the affected parties could remain, provided that they had expressed their consent".

For the TC, nor does the right to decent and adequate housing be violated, referred to in article 47 of the Constitution

It clarifies that this precept "does not guarantee a fundamental right but rather states a guiding principle of social and economic policy".

The TC understands that the reform appealed does not contravene the Constitution's mandate to interpret the rules regarding rights and freedoms in accordance with the Universal Declaration of Human Rights and international agreements and treaties on the same matters ratified by Spain.

At this point, the judgment recalls that "the prohibition of forced evictions to which the United Nations refers does not apply to those made legally" in a "process with due guarantees".

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