Gerard Melgar Barcelona
Barcelona
Updated Friday, February 23, 2024-06:12
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The
European Commission
(EC) questions the new Catalan regulation on
housing for tourist use
and asks Spain for a report that justifies the regional measures that restrict this activity.
The EC services consider that the decree law of the
Generalitat
, validated in the
Parliament
last December, contains limitations for the granting of licenses that "are not appropriate for the objective of fighting against the housing shortage" and are "disproportionate" .
The community institution also indicates that the Catalan regulation "could fail to comply with articles 9, 10, 11 and 15" of the
directive
of the European Parliament and the Council, of 2006, relating to services in the internal market.
In a notification to which EL MUNDO has had access, the Commission points out that, so far, "the Spanish authorities have not provided a sufficiently convincing justification" that this activity is causing tension in the
rental market
or "a analysis of less restrictive alternatives".
The services of the Community Executive add that the studies mentioned in the justification of the decree are "either irrelevant from a geographical point of view or only potentially relevant for the municipality of Barcelona", which had already paralyzed the granting of licenses.
Likewise, the European organization echoes a critical report from the
Catalan Competition Authority
, linked to the
Department of Business and Labor
of the Generalitat, and along the same lines points out, for example, that certain tax incentives could transfer some empty homes to the long-term rental market as the most effective way to achieve an increase in the park.
constitutional Court
On February 7, the
PP
presented an
appeal of unconstitutionality
before the
TC
against the Government's decree law on the urban planning regime on housing for tourist uses, which, after its parliamentary validation, is now being processed in the Chamber as a
bill
with the modifications agreed by
Esquerra Republicana
and the
PSC
.
The
CUP
and
En Comú Podem
were the other two groups that voted
yes
, although they showed their disagreement with the ERC concessions to the socialists, who managed to lower some points of the norm, such as affecting
140 municipalities
of the initial 262 or disappearing. the limit of 10
licenses
per 100 inhabitants and their number remains in the hands of each town council.
The appeal presented by the PP at the request of the
Catalan Federation of Tourist Apartments
(Federatur) argues that the regulation violates the right of property and the guarantee of market unity, violates the principle of local autonomy and contains a hidden expropriation.
Yesterday, on the other hand, the plenary session of the Parliament approved a motion presented by En Comú Podem that demands that the Government urgently develop specific regulations that allow regulating
seasonal rentals
(leases for periods of one to eleven months) to avoid fraud. ".
The initiative went ahead with votes in favor of the PSC, ERC and the
Commons
, the abstention of the CUP and the vote against
Junts
,
Vox
,
Ciudadanos
and PP.