The Government appeals before the TC an article of the 'anti-eviction' law of Catalonia for affecting private property

MADRID, 5 Dic. (EUROPA PRESS) -

The Government has decided to file an appeal for unconstitutionality against article 12 of the 'anti-eviction' law of the Generalitat of Catalonia, alleging that said precept "affects the regulation of private property and violates the principle of interdiction of the arbitrariness of powers public".

As reported by La Moncloa, the Council of Ministers this Monday has agreed to present this appeal before the Constitutional Court, which affects nothing more than this article, after having reached an agreement with the Generalitat of Catalonia in other sections of the law.

This is an article that was included in the latest modification of the law to deal with the emergency in the field of housing. Specifically, the Government questions the constitutionality of this article, firstly, because "it reproduces again some precepts of Decree Law 17/2019, of December 23, on urgent measures to improve access to housing annulled by the Court's ruling Constitutional 16/2021".

The appealed article, published in the BOE on March 17, 2022, speaks of the offer of a social rental proposal "due to the lack of legal title that enables the occupation of the home, if the plaintiff has the status of large holder in accordance with the Article 5.9.a and c", under specific circumstances.

These are that "the house is registered in the Registry of empty houses and occupied houses without authorization title or is capable of being registered in it; that the occupants prove, by any means admitted by law, that the occupation without title began before June 1, 2021; that in the last two years the occupants have not rejected any suitable social rehousing option offered by any public administration or in accordance with article 5.2; that the municipal services issue a favorable report on compliance of the risk parameters of residential exclusion by the occupants and on their roots and coexistence in the neighborhood environment".

In this context, the Government bases its appeal on the fact that this article "affects the regulation of private property (article 33 of the Spanish Constitution) and the competence in matters of civil law, and would also imply a violation of the principle of interdiction of arbitrariness of the public powers of article 9.3. Spanish Constitution, of article 14 (equality) and 149.1.18ª (exclusive competence of the State in legislation on expropriation)".

In addition, they ensure that the Council of State and the Council of Statutory Guarantees have issued opinions that support the appeal before the Constitutional Court.

"The Government therefore considers that the formal and material requirements for challenging article 12 of the Law of the Generalitat of Catalonia 1/2022, of March 3, amending Law 18/2007, meet before the Constitutional Court. , Law 24/2015 and Law 4/2016 to deal with the emergency in the field of housing, only in terms of the first additional provision section 1.c that is added to Law 24/2015, of July 29, of urgent measures to deal with the emergency in the area of ​​housing and energy poverty", the Government declares.