The CGPJ warns Sánchez: his report on Housing depends on the Law and not on the will of the Government
The rudeness of the Government to the General Council of the Judiciary for its decision to return the report on the housing law to the rapporteur, the former socialist deputy Álvaro Cuesta, and commission a new one more critical of the reform It has not sat well with the governing body of the judges. This will be announced in the new report prepared by the members José Antonio Ballestero and Enrique Lucas and that will be approved in plenary next Thursday 27.
The letter, to which ABC has had access, the CGPJ recalls that its advisory function “It does not depend on the interest or the will of the body requesting the report, in this case, the Government of the Nation, aspect on which it lacks any capacity to dispose, but rather the provisions of the Organic Law of the Judiciary, whose interpretation (…) has been peacefully accepted by the different Governments and up to the present moment«.
It is a question, he says, of carrying out “questions of legislative technique or of a terminological order” to help improve regulatory texts and their effective applicability. This refers to the reticence of the Executive when ten days ago the Council decided to redo the report that in general terms endorsed this law, which for the first time places limits on rental prices.
The report reminds the Government that housing is not a matter of state ownership, but regional, by virtue of the Constitution itself and the statutes of autonomy. “The core of its regulation and public policies aimed at making effective the right of article 47 of the Constitution corresponds to each of the Autonomous Communities that exercise their powers in accordance with the majority political orientation existing in them and, without prejudice, of the powers of the State that have an impact on said matter. Remember that the regional laws have regulated this matter in its various aspects, using, without altering them, the figures of Civil and Procedural Law and foreseeing cases subject to forced expropriation. In the same way, he adds, it is the autonomies that draw up and develop plans, public housing developments, “They manage their housing stocks, inspect, control and exercise sanctioning power in the matter, approve aid programs to facilitate said access, especially for the most vulnerable people.”
The Council points out that the State can intervene in housing with regard to the establishment of basic conditions that guarantee the equality of all Spaniards in the exercise of the right to housing and the right to property, in addition to procedural legislation, civil legislation and the bases of contractual obligations, national plans or intervention of this sector in times of serious economic crisis, among others. And it is to the aspects of state regulation that the draft must adhere to.
The new draft also points out that the right to decent and adequate housing is recognized, but not defined in article 47 of the Constitution and “does not contain a subjective right enforceable before the courts but a constitutional guideline that obliges all public powers to ensure its effectiveness. It is the proper object of this competition and the state norm must adhere to it.
The Council points out that the content of the provision that regulates the “price containment measures in the regulation of housing lease contracts” is “cumbersome”. “Born to combat the effects of the pandemic, its maintenance when it has declined, may not be adequate.”To