2023-09-01 12:44:36
Catalonia hits the table against a state regulation. The Parliament of Catalonia has agreed to present an appeal of unconstitutionality against the State Housing Law, at the proposal of ERC and JxCat and with the support of the CUP, for invasion of regional powers. Catalonia thus joins other autonomous communities that have brought this regulation before the Constitutional Court (TC) for the same reason, such as those of Madrid, Andalusia and the Basque Country.
ERC voted in favor of the Housing Law in Congress after negotiating and amending it with the government parties, while the executives of the other regions that have filed an appeal are led by formations that have already voted against the norm in the Cortes (PP and PNV). Junts also voted against.
In the Catalan case, on August 4 the Council of Statutory Guarantees issued an opinion in which it warned that various articles and provisions of the Law for the right to housing violate the exclusive powers of the Generalitat in matters of housing and urban planning established by the Statute.
ERC has defended its initial support in Congress for the Housing Law, which it will now resort to as a way to guarantee basic social housing rights as long as a Catalan regulation in this regard cannot be applied (previous regional attempts were invalidated by the TC).
The curious thing about this resource is that Catalonia is the only autonomy that has made progress in the plan to cap rents in Spain. In June, it already began the procedures to declare up to 140 municipalities in the region as a stressed market area, a previous step to establish a limit on rental prices, and it has announced that it will reduce the number of properties to be considered as large holders from 10 to 5. owners in those areas that are declared to be in a stressed residential market.
Although it may seem contradictory, the Regional Minister for Territory of the Generalitat of Catalonia, Ester Capella, already stated a few weeks ago that the decision to vote on the appeal does not contradict the fact that the region wants to apply the rental income regulation as soon as possible . As she stated, the Generalitat is defending its powers and that it is its “obligation to respond to the Catalan citizens” and guarantee their rights.
Appeals against the Housing Law
Last August 26 marked the three months since the entry into force of the Housing Law, one of the most controversial regulations of recent times for the real estate market and which opens the door to the top for rents in stressed areas.
In these weeks, Madrid, Andalusia and the Basque Country have appealed the law before the Constitutional Court, while the Balearic Islands are preparing their appeal and Galicia has requested modifications in the Bilateral Commission between the CCAA and the State. Virtually all the appeals presented affect an invasion of jurisdiction in terms of the regulation of subsidized housing, the public housing stock, the declaration of stressed residential market areas, price containment measures in the regulation of lease contracts or amendments to the Civil Procedure Law. However, each autonomy has resorted to different sections of the regulations:
Madrid
In the case of the Community of Madrid, the unconstitutionality appeal was filed in July and, as detailed by senior officials of the regional government in July, it focuses on various precepts of the State Housing Law under the premise that the text invades regional powers. Specifically, it deals with 11 sections of eight articles in which the interpretation of the powers of the State is “exceeded”.
The regional president, Isabel Díaz Ayuso, had been announcing for months her intention to appeal this regulation before the Constitutional Court, even before its implementation, and insisting on those measures that depend on the regional initiative, such as the declaration of areas under stress. residential market, will not be applied in the region. Ayuso has been blunt in his statements: “the law approved with Bildu and ERC invades the powers of the CCAA, contains unconstitutional articles and serious legal errors that seriously harm the real estate market and especially the people of Madrid”, highlighted the PP leader on social networks.
Andalusia
Andalusia, also governed by the Popular Party, is another of the regions that has taken the regulations to the high court. At the end of Julythe Governing Council of the Junta de Andalucía authorized the filing of the unconstitutional appeal, which deals with a total of 18 articles and four additional provisions of the Housing Law, considering that it invades exclusive housing powers of the autonomous community and included in article 56 of the Statute of Autonomy
Specifically, the regional government headed by Juanma Moreno explained that it has focused its challenge before the Constitutional Court on “all the regulations contained in the State Housing Law regarding the concept of subsidized housing, incentivized affordable housing, large fork and public park. The regulation of the State Housing Law in these articles is so complete and finished that it does not leave any loophole for regulation to the regional legislator, who is competent in the matter. As an example, in relation to subsidized housing, it includes issues already regulated by the regional administration such as the duration of the qualification or the requirements to be awarded. However, Andalusia has not requested the precautionary suspension of the regulations.
Basque Country
Euskadi has also joined the list of autonomies that have appealed the Housing Law, despite not being governed by the Popular Party. Specifically, the Basque Government, led by Iñigo Urkullu (PNV) also appealed the regulations before the Constitutional Court at the end of July, with the disagreement of the three councilors of the PSE-EE, considering that the text “conditions the Basque self-government in matters of housing and violates powers that correspond” to the region, “generating legal uncertainty about the regulations to be applied”.
Thus, it has challenged a total of seven articles of the State Law for the Right to Housing, a transitory provision, an additional provision and two final provisions.
Apart from the unconstitutionality appeal, and in parallel, the regional Executive has also requested the acting central government to open a channel for “dialogue” in the Bilateral Commission between the CCAA and the State “to try to resolve differences of interpretation” of the rule.
The Balearic Islands will soon resort to the TC
The Balearic Islands has also announced that it will appeal the regulations before the Constitutional Court, although for the moment it has not done so formally.
Under the new regional government led by the popular Marga Prohens, at the beginning of August the Balearic Government Council authorized the region’s legal profession to file a appeal of unconstitutionality against nine articles and four provisions of the Housing Law for invading regional powers. In other words, you have already started the procedures to present the appeal.
According to the regional Housing, Territory and Mobility Councilor, Marta Vidal, insisted, the day she confirmed her intention to carry out the appeal, the community has exclusive powers in matters of territorial planning, including the coastline, urban planning and housing, in accordance with the provisions of the Statute of Autonomy of the Balearic Islands, and therefore will refer this matter to the Constitutional Court. “There is a very clear invasion. That is the opinion of the Government and the Legal Profession,” she declared.
Galicia clings to the Bilateral Commission with the State
Galicia approved in mid-July request to the Central Administration the convocation of the Bilateral Commission with the State to try to correct the Housing Law, like Euskadi, although in his case this proposal is based on not having to file an appeal of unconstitutionality.
According to the Xunta, in addition to being confusing in its wording, the regulations are “technically defective and unclear in the attribution of certain duties and actions” and that “it does not respect the exclusive powers that the Community has in this matter.” He also criticizes that the law “was processed and approved unilaterally by the State, without counting on the opinion of the regional executives or considering the different territorial realities.” Total, The regulations include 17 articles that the Xunta questions in whole or in part.
Galician government sources confirm to this medium that they are currently awaiting the Bilateral Commission before making a final decision on the appeal.
Expert reviews
For their part, experts criticize that its implementation so far has only managed to put more pressure on the market, generate social alarm and limit access to housing for people with fewer resources.
Market data, meanwhile, suggest that rental income continues to rise. According to idealist, in July the average price stood at 11.9 euros/m2 in Spain as a whole, after rising 0.9% monthly and 9.3% last year, which becomes, for the seventh consecutive month, the maximum historical price. In addition, 40% of real estate companies detect less supply in the market.
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