The PSOE justifies its anti-squatting amendment by disassociating it from the evictions of vulnerable people

Disassociating themselves from Podemos, the socialists propose evictions of squatters in 48 hours and remove the trespassing cases from the jury

MADRID, 28 Sep. (EUROPA PRESS) -

The PSOE has defended this Wednesday its amendments to speed up evictions of 'squatters' in 48 hours emphasizing that these proposals registered in Congress have nothing to do with the evictions of vulnerable people.

Socialists and 'purples' presented a series of joint amendments to the draft organic law on organizational efficiency of the Justice public service, but the PSOE, already separately, registered other proposals on 'squatting', more in line with initiatives presented in recent months the PP or the PDeCAT.

Specifically, the PSOE proposes two legislative changes to speed up evictions from illegally occupied properties: that judges can order the squatters to leave within 48 hours and that popular juries stop dealing with cases of trespassing.

In this regard, the socialist spokesman in Congress, Patxi López, wanted to make it clear that "it has nothing to do with evictions" and that it only affects "raids and illegal occupation of real estate", as he has maintained.

Thus, he explained that when the owner of a home detects an illegal occupation and denounces it, the judge will ask the squatters for a property title or a document that links the occupants to the property and if they do not present it, he can order their eviction. .

He has also defended that in this way they intend to "expedite" the procedures and has underlined that it is about responding to a question that many municipalities and institutions were asking him. Thus, he explained that for a long time they had been working with the legal services on the best way to speed up this process.

López has maintained that with these amendments -presented by the Socialist Group alone, as he has specified- they intend to defend the right of the people who have their home. On the other hand, when questioned about what will happen to vulnerable people, he has assured that a housing solution will be sought for them when the Housing Law is approved.

Finally, on the formula chosen by the socialist group, separating it from the Housing Law itself, he has indicated that "it fit them" to be able to do it "as soon as possible", he has admitted.

In February 2021, the PSOE, United We Can, the independence groups and the forces that support the Executive rejected a bill against 'squatting' presented by the PP, which included making it easier for the Police to evict 'squatters' in a maximum of 48 hours.

In its amendments, collected by Europa Press, what the PSOE proposes is a modification of article 544 sexies of the Law of Criminal Procedure (LECrim) so that in cases of "trespassing or usurpation of real estate or a real right belonging to another" the judge or court can "agree on the eviction with reasons within a maximum period of 48 hours from the petition at the request of the legitimate party or from the referral of the police report". All this "without the need to present a bond, if the occupants of the property do not exhibit within that period the legal title that legitimizes the permanence in the property."

In the event that the occupants were minors or people at risk of social exclusion or special vulnerability, the PSOE proposes --in the second section of the same article-- that a judge or court notify the local public entity "immediately" or autonomous community competent in matters of social services and the protection of minors, as well as the Public Prosecutor's Office.

Within the framework of the amendment, the PSOE has recalled Instruction 1/2020, of September 15, issued by the State Attorney General's Office on the criteria for action to request precautionary measures in cases of the crime of trespassing and usurpation of real estate.

In that brief, the Public Ministry underlined the doctrine of the European Court of Human Rights (ECHR) in which it was established that the prolonged delay of the public authorities in executing the eviction of illegal occupants of a property -even in those cases in those that are due to the need to plan and guarantee social assistance to people in vulnerable situations-- violates the right of the legitimate owner to a fair process, as well as the right to property.

For this reason, the PSOE has insisted that "it is necessary that the precautionary measure of eviction and restitution of the property be requested and agreed in those cases in which there are solid indications of the execution of the crime of trespassing or usurpation."

Likewise, the formation has proposed to modify article 1 of the Organic Law of the Jury Court and remove breaking and entering from the list of crimes over which the jury has jurisdiction.

The PSOE recalls that, according to data from the General Council of the Judiciary (CGPJ), the jury court procedure usually takes one year and nine and a half months. And he has insisted that it is "necessary to prioritize the speed of prosecution and speed up its resolution" which, in his opinion, leads to the exclusion of this crime from the jurisdiction of the jury court.

Thus, he has defended this type of crime to be prosecuted now by the Criminal Courts, whose estimated time for prosecution "will be reduced to 13.3 months."