The Council of Ministers approved on Friday an agreement through which the President of the Government is requested to bring an action of unconstitutionality interposition against the Article 1 of the Law 4/2013 from October 1st on the measures to assure compliance with the Social Funcion of Housing, the Article 1.3´s new version of the Law 1/2010 from the March 8th of the Housing Right Regulation in Andalusia. It includes Articles 25 and 53.1.a) and also against the additional provision prior to the Law 4/2013 metioned hereabove.
The paragraphs challenged by the central Executive, whose suspention he demands, are the ones related to “the declaration of public interest for the purpose of expriopriation (compulsory purchase) of the requirements coverage of the houses of people in serious social emergency”; the “definition of the uninhabited homes” and “the serious infrigment clasification” for the banking institutions which do not put these houses on the rental market.
Te recourse to the Andalusian law appears in the references that join the agreements approved by the Council of Ministers and made public on Friday. Soraya Sáenz de Santamaría, the vicepresident of the Government, did not mention the fact at the press conference after the government meeting on the compliant to the Constitutional Court (Spanish TC) on the Andalusian rule. (…)
The Very Motives for the Compliant
(…) Therefore, first of all, the Government admits inconstitutionality of the Law “defined by the core content of the right to homeownership, exercising the competencies in terms of housing and town planning of an autonomous community” and claims that “it cannot come along with the core content of the right of private ownership from the sector competencies of housing and/or town planning, as long as the regulation on the basic conditions which guarantee equality of all Spaniards in regard to exercise of the right and compliance with constitutional duties is not affected, due to the Article 149.1.1 of the Spanish Constitution giving the competency to the State, like the Article 149.1.8 of the Spanish Constitution gives the State compentence in terms of Civil Law”.
(…) The Executive reckons that the Andalusian law sets series of sanctions aimed at the home owners who have not rented their empty houses (…).
Finally, he says that the regulation sets “arbitrary discrimination” among the owners whose houses are involved in the eviction process, expropriating the right to the house usage for 3 years, “undermining the principles of equality and non-discrimination” which also refers to the Constitution. (…)
Approved in September
During the Andalusian Parliament plenary session on the law of the Social Funcion of Housing, which also presents the temporal expropriation of the use of the house from banks in case of social exclusion risk, was approved on September 25th, with assistance of PSOE-A and IULV-CA. (…).