The report that the General Council of the Judiciary (CGPJ) had planned to approve this Friday on the preliminary bill for the right to housing, and which validated in general terms the Government’s plans to intervene in the rental market, it has not finally obtained the placet of this body.
After an intense debate on its content, the plenary session of the CGPJ has agreed by 15 votes to 6, to reject that of the member and former deputy of the PSOE Alvaro Cuesta and appoint new speakers, who will be the members Jose Antonio Ballestero Y Henry Lucas. The new text will be debated in the plenary session on January 27.
According to sources consulted by ‘El Periódico de España’, most of the members do not share the conclusion of the report on the competence title and it permeates Multiple issues that require reworking.
These same sources pointed out before the plenary session that you hit the report written by the member Alvaro Cuesta They came from all areas of this body, not just from the conservative sector. They talked about his lack of technical quality and of his marked ideological bias, that ignores competence factors of the autonomous communities in the matter of housing and suffers from absence of criticism of excessive interventionism of the project of the Executive Pedro Sanchez.
Other complaints were based on the haste of the analysis, which is done in an extraordinary plenary session, after having informed the press of the contents of the draft and leaving the rest of the vowels just three days to analyze and present allegations to a proposal that exceeds 100 pages.
Allegations of the member of the PNV
The person who has already made his allegations known in writing is Henry Lucas, member at the proposal of the PNV that usually votes coinciding with the progressive sector of the Council but that on this occasion does not agree with the postulates of his colleague Cuesta.
In the text that he presented to the Plenary, Lucas disagrees with the criteria expressed in the draft, understanding that “it shows a artificial attraction to the state sphere of the complete and exhausting ordering of a matter”, housing, which the article 148.1.3 of the Constitution made available to the autonomous communities.
It is imposed, according to this vowel, “a model of intense public intervention in housing that makes the configuration of property rights unrecognizable contained in current civil legislation”. He adds that his “difficult articulation with the current regional laws of housing will be problematic to the detriment of legal certainty in such a sensitive matter”.
Faced with these approaches,he text being debated this Friday at the CGPJ validates the intervention in the rental market, and simply warns that in the norm a sufficient justification for the need for price containment measures is lacking.
According to the text of the proposal, which exceeds 97 pages, the legal design contained in the draft to intervene in the housing rental market it is compatible with the right to property of article 33 of the Constitution. Cuesta adds in his report that the regulation adopted does not make said right unrecognizable nor does it deny the economic utility of the property, therefore moves within the control parameters established by the Constitutional Court and by the European Court of Human Rights.
However, the draft report lacks sufficient justification for the need for measures to contain housing rental prices, based on an empirical analysis of the results of said measures.
It is suggested, therefore, the convenience of establishing a time period of application of the restrictive measures, so that their result and incidence can be evaluated both in the residential rental market and from the social and economic point of view.
The report under discussion is based on some favorable general considerations because the Preliminary Bill constitutes an adequate normative instrument to consecrate and provide content for the right to housing, which the Constitution includes in its article 47.1.
Aspects to improve
Among other aspects, the proposed report warns of the vagueness and vagueness that affects some statements. As an example, and without prejudice to the autonomous powers in the matter, points out the absence of a minimum degree of specification in the definition of concepts such as substandard housing, living place worthy and adequate and affordable conditions according to 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.
Responsibility in the judges
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This lack of specificity can be seen especially in the precepts that determine the rrental market price intervention rules household. At this point, the pre-legislator seems to have renounced regulating specific pre- or extra-procedural mechanisms to ensure compliance with the limitations introduced in the first final provision of the text, leaving its enforceability and compliance in the hands of the judicial bodies.
This solution, warns the proposal for an opinion, will have an impact on the workload borne by the courts, already high in itself, warns the analysis, whose final text, the one that is sent to the Government, will not have a binding character in any case.
Reference-www.elperiodico.com