Constitutional Court Suspends Andalusia´s Anti-Eviction Law

16/01/2014 – Cinco Dias

 The Constitutional Court has approved the remedee suggested by the central Government against an article of the Law 4/2013 from 1st of October on measures for assuring the duty fulfillment of the Social Housing Function, in which new drafting for the Article 1.3 of the Law 1/2010 from 8th of March, Regulation for the Right to House in Andalucía and the Articles 25 and 53.1.a) will be introduced, and against the first additional provision of the Law 4/2013 and it will run a process to suspend it as a precaution.

The paragraphs contested by the President and now suspended, refer directly to the “declaration of social interest on evictions and emergency situation of the need of house”, “the definition of the uninhabited dwellings” and “serious infringement classification” for banks that will not be able to rent the houses.

The Andalusian Anti-eviction Law was passed on 1st of October, repealling the decree regulation from April. (…). The remedee plan has been adopted by the Council of Ministers in December.

(…) “It is impossible to apply the basic right for house from the side of the housing and town planning sector, at least when the equal rights of all Spaniards are being infringed by the right execution or constitutional duty fulfillment, as the Spanish Goverment (…) has got a competence in civil law field.

(…) Also, the President thinks that the Andalusian Law imposes a series of sanctions on owners not renting their vacant houses, without considering their culpability.

Finally, he points out the “arbitrary discrimination” of owners of the houses being under eviction process (…).


Original article: Cinco Días (EP)

Translation: AURA REE