The CGPJ rapporteur supports the Government's housing law, but warns that it will strain the courts

The Plenary of the General Council of the Judiciary (CGPJ) will meet next Friday to study the proposed report to the Draft Law for the Right to Housing approved by the Government of

. The report that will be debated by the members, to which EL MUNDO has had access, includes

considerations when considering the draft law as "an adequate normative instrument to establish and give content to the right to housing", which the Constitution includes in its article 47.1. The presentation of the study has corresponded to the progressive counselor Álvaro Cuesta.

The 98-page report proposal maintains that the text of the preliminary draft also aims to guarantee compliance with this right under equal conditions for all Spanish citizens, without prejudice to the competences that the autonomous communities have on the matter.

The analyzed draft defines the rights and duties of citizens in relation to housing and establishes a basic regime of the right to private property; regulates the action of the public authorities in housing matters, as well as the rights, obligations and responsibilities in housing purchase and rental operations. Among other measures, it includes those related to information and transparency regarding housing and land and those related to the containment of rental prices and the modification of eviction procedures, contained in the final provisions.

Among other considerations, the presentation of the CGPJ

, which makes it difficult to precisely define the right that is intended to be guaranteed. As an example of this, and without prejudice to the autonomic competences in the matter, it points out the absence of a minimum degree of specificity in the definition of concepts such as substandard housing, decent and adequate housing and affordable conditions in accordance with the financial effort or in the establishment of the Duties of the citizen in relation to the actions of conservation, repair or improvement of the home.

The rapporteur also misses the fact that the draft

. Despite its basic nature, points out the proposed Cuesta report, the legal draft requires a greater degree of clarity, for example, in the identification of the owner of the right and the obligated subject and with respect to the way in which compliance with said right.

This lack of specificity is especially appreciated in the precepts that determine the rules of price intervention in the housing rental market. At that point, the pre-legislator seems to have renounced to regulate specific pre or extra-procedural mechanisms to ensure compliance with the limitations that are introduced in the first final provision of the text, leaving their enforceability and compliance in the hands of the judicial bodies. This solution, according to the proposed opinion,

, already high.

The report proposal that will be debated on Friday by the Plenary Assembly indicates, on the other hand, that the design contained in the preliminary draft to intervene in the housing rental market

. The regulation adopted does not make said right unrecognizable nor does it deny the economic utility of the property, which is why it operates within the control parameters established by the Constitutional Court and by the European Court of Human Rights.

Likewise, the draft report calls for greater precision in the measures of containment of housing rental prices, based on an empirical analysis of the results of said measures. Therefore, the advisability of establishing a temporary period of application of the restrictive measures is suggested, so that their result and impact can be evaluated both in the residential rental market and from a social and economic point of view. "It is true that the measures to contain rental prices that are contemplated in the first final provision of the preliminary project, with the modification of the LAU, are aimed at rents in areas of stressed residential market, and that the validity of the declaration of a territorial area as a stressed residential market area will be three years,it can be extended annually under the terms provided in article 18.2 d) of the Draft Bill, but this does not in itself imply the imposition of the obligation to review the system based on the empirical analysis of the result of the measures adopted ", emphasizes Cuesta.

In this sense, the fact that these price containment measures are aimed at rents in stressed residential market areas - a declaration valid for three years, extendable - does not in itself imply an empirical analysis of the result of your application, remember the report proposal.

On the other hand, the report highlights that the new housing law must coexist with the numerous autonomous legislation issued in the field of housing -which has already been mentioned above-, and that, with the proclaimed basic character, it must serve as a parameter of constitutionality of regional regulations.

The report finally approved by the Plenary of the Council will be mandatory but not binding for the Executive.

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