June 16, 2021

The Constitutional Court unanimously admits part of the appeal of the PP against the Catalan Housing Law


Madrid

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The Constitutional Court has estimated the appeal of unconstitutionality inproposed by 86 deputies of the Popular Party in the Congress of Deputies against Decree-Law of the Government of the Generalitat of Catalonia 17/2019, of December 23, on urgent measures to improve access to housing and against the sole article of decree –Law of the Government of the Generalitat of Catalonia 1/2020, of January 21, by which the previous one is modified, as well as against the agreement adopted by the Catalan Parliament on March 4, 2020 to validate the last decree-law 1/2020.

The judgment, of which the magistrate Ricardo Enríquez Sancho has been rapporteur, has declared unconstitutional and null Articles 2.2, 2.3, 2.4, 2.5, 2.7, 2.10, 2.11 (subsection “without prejudice to the assumption referred to in article 42.6”), 2.12, 4.2, 4.5 (subsection “and section 2 of the first additional provision” ), 5.5, 5.6, 5.7, 6.3 and 6.6 and the first transitory provision of Decree-Law of the Government of Catalonia 17/2019, of December 23, on urgent measures to improve access to housing. Dismissing the appeal in everything else.

The ruling has alleged that The enabling requirements required by art. 86.1 of the Constitution to regulate urgent measures to improve access to housing, the range of the standard being insufficient. In this way, based on the previous jurisprudence, the aforementioned precepts challenged in the appeal of the popular ones have been declared invalid.

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