Reactions: Large landowners warn that banning evictions may encourage illegal occupation
The decree to prevent evictions during the state of alarm remains stalled.
The
Council of Ministers
this Tuesday was expected to give the green light to the rule, but the approval is delayed due to the disagreements that have reappeared between the vice-presidency of
Pablo Iglesias
and the team of the Ministry of Transport, Mobility and Urban Agenda led by
José Luis Ábalos
.
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 demands for the possible unconstitutionality of the decree
.
The new decree-law aims to cover people without legal ownership, that is, those 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 the small owner -the one who has less than 10 properties- and the
large holder
-the one who has more than 10-.
In the event that the owner is an individual, the eviction will continue its course, 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 an alternative housing solution, either by their own means or through social services.
Large property owners feel aggrieved but, in addition, they have warned in recent days that paralyzing evictions in this way raises legal holes and violates the right to property or effective judicial protection, among other aspects.
After a more leisurely analysis, the department of Ábalos, at the request of the Ministry of Economic Affairs and the Ministry of Justice, has put the brakes on
seeking legal formulas that avoid possible future lawsuits
and guarantee legal security for everyone, large and small holders.
One of these formulas is
to economically compensate large landlords
for 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
EL MUNDO
sources close to the negotiations that are taking place these days.
Minister Ábalos has reduced these frictions to "technical issues" so that the agreement has legal rigor and there are no claims of civil liability, reports
Marisol Hernández
.
From United We Can, 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 property 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 norm could cause an effect called for the illegal occupation of houses and criticize the Government transferring a problem to the private sector whose resolution must come from the public sphere.
According to the criteria of The Trust Project
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