The Constitutional Court approves the housing law, with the exception of the article on protected apartments

Supreme Court has endorsed the housing law from President Pedro Sánchez, but with reservations, as it decided by majority to partially accept the unconstitutionality appeal brought by the Council of Government of the Autonomous Community of Andalusia against the law on the right to housing. As usual with these types of decisions, the conservative sector judges have announced a dissenting vote. These magistrates Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel and César Tolosa. The judge did not participate in the deliberation. Laura Diez.

There are four articles of law that have been declared unconstitutional, some completely and others partially. As ElPlural.com has learned from sources at the Court of Guarantees, Article 16, that the sheltered housing; the content of the art. 19.3 from the paragraph “which, with regard to the homes owned by the major owner, will in any case contain the following information”, which obliged the so-called “major landlords” to send the information, among other things, the number of homes they have , the addresses and other data series; The third paragraph of art. 27.1 on the definition of the social housing stock; the art. 27.3 for the regulation of revenues derived from fines and public sales collected from housing and to be allocated to the improvement of public parks and the first transitional provision of Law 12/2023 of May 24 for the right to the House of Representatives.

With this decision, the Constitutional Court contradicts what was said by the General Council for the Judiciary, which, as it has done on previous occasions, issued a report without approving the standard, claiming that it was not constitutional, something which is not the case. your competition. The plenary assembly of the CGPJ, controlled by members of the PP, stated in a report that this law validated an intervention on the rental market in the tense areas, which in their opinion causes legal uncertainty as these members claimed that the powers of the autonomy had been expropriated.

The housing law was one of the great successes of Pedro Sánchez's last term. To advance the proposal, they had to engage in tough negotiations until they received votes for both the ERC and Bildu, almost a year after it was approved in the Council of Ministers. At the vote in the Congress of Deputies both the Popular Party and Vox voted against the rule. Both groups claimed that the new law encouraged illegal occupation of homes, a fact that occupancy data has shown to be untrue.