The rule raises doubts about its constitutionality. The Executive is studying compensating the large owners, but Unidos Podemos frontally rejects that alternative
Large landowners warn that banning evictions may encourage squatting
The decree to prevent evictions during the state of alarm remains stalled. It was planned that the Minister council of this Tuesday gave the green light to the rule, but the approval is delayed given the disagreements have reappeared between the vice presidency of Pablo Iglesias and the team from the Ministry of Transport, Mobility and Urban Agenda that directs JosÃ © Luis Ã ?? balos. Both agree to paralyze the evictions until May, when the current state of alarm ends, but the Socialists fear that the chosen formula will provoke a wave of lawsuits for the possible unconstitutionality of the decree.
The new decree-law aims to cover people without legal title, that is, those people who do not have a lease with the owner of the home where they are installed and live in it irregularly. In this case, the agreement introduces a distinction between a small owner -the one who has less than 10 properties- and the big fork -the one with more than 10-. In the event that the owner is a private individual, the eviction will continue, but in the case of a large holder, the Justice will paralyze the expulsion and establish a period of three months for the tenant in question to find a solution alternative housing, either by their own means or through social services.
Large property owners feel aggrieved but, moreover, they have warned in recent days that stopping evictions in this way raises legal holes and violates the right to property or effective judicial protection, among other aspects. After a slower analysis, the department of Ã ?? balos, at the request of the Ministry of Economic Affairs and the Ministry of Justice, has put the brakes on look for legal formulas that avoid possible future lawsuits and guarantee the legal security of all, big and small forks.
One of those formulas goes through cfinancially compensate large owners during the time it takes to provide a housing solution to tenants who live in their properties irregularly, and this is the main point of friction, as they have confirmed to THE WORLD sources close to the negotiations that take place these days.
Minister Ã ?? balos has reduced these frictions to “technical issues” so that the agreement has legal rigor and there are no civil liability claims, reports Marisol HernÃ¡ndez.
From Unidos Podemos, however, they assure that “it does not seem acceptable to us that the large holders have to be compensated by the State. At a time of social and economic crisis, the problem is not that the enormous benefits of the large holders and vulture funds are reduced, but there are many families who are being evicted without alternative housing “.
On the socialist side, they want to avoid a “rain of unconstitutional appeals” and are pressing to find a way that guarantees the balance between the right to housing and the legal security of the parties.
The funds and large owners assure this newspaper that the new decree opens the door to a “high number of lawsuits against the State because, among other things, in practice, the measure represents a form of temporary expropriation of homes” . They also warn that the rule could cause an effect called for the illegal occupation of homes and criticize the Government transferring a problem to the private sector whose resolution must come from the public sphere.
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