2023-08-14 05:52:50
He Government of the Balearic Islands will present before the Constitutional Court (TC) an unconstitutionality appeal against various articles and provisions of the Housing Law approved last May, considering that it invades regional powers. The Balearic Executive thus joins the CCAA of Madrid, Andalusia and the Basque Country to go to the TC for the controversial regulations on housing.
This has been reported by the cMinister of Housing, Territory and Mobility, Marta Vidal, in the press conference after the Government Council on August 11. The Executive of Marga Prohens (PP) from the Balearic Islands has authorized the region’s Lawyers to file an appeal for unconstitutionality against nine articles and four provisions of the Housing Law for invading regional powers.
Vidal has remembered that the community has exclusive powers in terms 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”, said the minister, who recalled that Madrid, Andalusia and the Basque Country have already filed their appeals for the same reason.
Catalonia seems to be the next CCAA to file an appeal before the TC. On September 1, the Catalan Parliament will vote on an initiative at the request of ERC and JxCAT, to promote an appeal of unconstitutionality on the Housing Law. The legal services of the Catalan chamber would also have appreciated an invasion of regional powers.
Practically the four 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.
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