The draft of the report of the General Council of the Judiciary (CGPJ) on the Draft Law for the Right to Housing, prepared by the member Álvaro Cuesta -who was a PSOE deputy-, considers that it is an adequate normative instrument to consecrate and give content to the right to housing that is included in the Constitution, but understands that there is a "lack of specificity "in some points, especially in the precepts that determine the rules of intervention of prices of the housing rental market.
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In a note from the CGPJ, collected by Europa Press, it is nevertheless indicated that the general considerations on the norm are "favorable". And he adds that he understands that given its "basic" nature, the text of the draft also aims to guarantee compliance with this right under equal conditions for all Spanish citizens, without prejudice to the powers that the autonomous communities have on the matter.
Now, from the CGPJ they announce that the Plenary will meet this Friday, January 14, in an extraordinary session to study this report proposal for the preliminary draft, which was taken into consideration in first reading by the Council of Ministers on October 26 and sent to the body of government of the judges on December 1.
It was on December 9 when the Permanent Commission of the CGPJ agreed to designate the rapporteur for the report to the member Álvaro Cuesta, and his proposal, already completed, has been distributed to the rest of the members so that they can formulate their observations in case they deem it appropriate before its debate in plenary.
Warns about "inconsistency and imprecision"
Among other considerations, the proposed report warns of the "inconsistency and imprecision" that affects some statements and contents of the preliminary draft, which makes it difficult to precisely define the right that is intended to be guaranteed. As an example of this, and without prejudice to the autonomic competences in the matter, it points out the absence of a minimum degree of specificity in the definition of concepts such as substandard housing, decent and adequate housing and affordable conditions in accordance with the financial effort or in the establishment of the Duties of the citizen in relation to the actions of conservation, repair or improvement of the home.
He also misses that the draft specifies the means that will be used to enforce the protection of the right to housing. Despite its basic nature, the report proposal points out, the draft "requires a greater degree of clarity", for example, in identifying the owner of the right and the obligated subject and regarding the way in which compliance with said right can be demanded. .
Price control, in the hands of the courts
Thus, he points out that this lack of specificity is especially appreciated in the precepts that determine the rules of price intervention in the housing rental market. At that point, in his opinion, the pre-legislator "seems to have renounced to regulate specific pre or extra-procedural mechanisms" to ensure compliance with the limitations that are introduced in the first final provision of the text, leaving their enforceability and enforcement in the hands of the judicial bodies. compliance. This solution, the opinion proposal warns, will have an impact on the workload borne by the courts, already high.
However, the report proposal indicates, on the other hand, that the design contained in the preliminary draft to intervene in the housing rental market is compatible with the right to property in Article 33 of the Constitution. The adopted regulation "does not make said right unrecognizable nor does it deny the economic utility of the property," so it operates within the control parameters established by the Constitutional Court and by the European Court of Human Rights.
Temporary period of application of restrictive measures
Likewise, the draft report lacks a sufficient justification of the need for measures to contain prices for housing rentals, based on an empirical analysis of the results of said measures. Therefore, the advisability of establishing a temporary period of application of the restrictive measures is suggested, so that their result and impact can be evaluated both in the residential rental market and from a social and economic point of view.
The fact that these price containment measures are aimed at rents in stressed residential market areas - a declaration valid for three years, extendable - does not in itself entail an empirical analysis of the result of their application. , remember the report proposal.
According to the press release, the analyzed draft defines the rights and duties of citizens in relation to housing and establishes a basic regime of the right to private property; regulates the action of the public authorities in housing matters, as well as the rights, obligations and responsibilities in housing purchase and rental operations.
Among other measures, it includes those related to information and transparency regarding housing and land and those related to the containment of rental prices and the modification of eviction procedures, contained in the final provisions.