The new CGPJ report on the Government law: "Housing is a matter of regional ownership"

The

has written its new report on the Preliminary Draft of the new Housing Law, questioning several of the fundamental aspects of one of the star laws of the coalition government.

In the report, to which EL MUNDO has had access, the members

explain that "housing is a matter of regional ownership, by virtue of article 18.1.3 of the Spanish Constitution and the statutes of autonomy. The The core of its regulation and the public policies aimed at making effective the right of article 47 of the Constitution corresponds to each of the autonomous communities that exercise their powers in accordance with the majority political orientation existing in them and, without prejudice, to the powers of the State that affect said matter".

In its 59-page report, the governing body of the judges underlines that the regulation of housing is the responsibility of the autonomous communities, incurring the Executive's draft bill in an

. "The regional laws have regulated this matter in its various aspects, using, without altering them, the figures of Civil and Procedural Law, delimiting the social function of property over housing and foreseeing cases subject to forced expropriation", emphasize the members.

In the same way, the Council explains that the autonomies "also prepare and develop plans, carry out public housing promotions, manage their housing stocks, inspect, control and exercise sanctioning power in the matter, approve aid programs to facilitate said access, especially for the most vulnerable people; adopt protection measures, promote accessibility and energy efficiency; etc".

On the other hand, the CGPJ maintains that the provision on price containment measures in the regulation of housing leases of the new Law "being a constitutionally sensitive issue, has a

. Born to combat the effects of the pandemic, its maintenance when it has declined, may not be adequate".

In addition, in the report, the Judiciary responds to the Government's criticism by pointing out that "the scope of the advisory function of the General Council of the Judiciary does not depend on the interest or the will of the body requesting the report, in this case, the Government of the Nation, an aspect on which it lacks any capacity of disposition, but of the provisions of the Organic Law of the Judiciary, whose interpretation is the one that has been exposed and that has been peacefully accepted by the different Governments and until now. present moment."

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