The plenary session of the Constitutional Court today partially estimated the appeal for unconstitutionality promoted by PP deputies of the Congress of Deputies against the Law of the Parliament of Catalonia 1/2022, issued to address the emergency in the field of housing.
The judgment, delivered by Judge María Luisa Segoviano, rejects the complaint against the entire law for jurisdictional reasons, but concludes that part of the contested precepts results in effective application invasion of state powers in matters of procedural legislation and on the basis of contractual obligations.
This leads the TC to declare the unconstitutionality of the article 1.3, in which the violation of the obligation to propose a social rental proposal before taking legal action has been established as a cause of non-compliance with the social function of the ownership of housing or a building dwelling.
Article 12, which extended the obligation to submit a proposal for social rent before filing certain legal claims, any executive action arising from the assertion of mortgage debt, and certain eviction claims. The same provision provided for the interruption of procedures initiated in which the formulation of the social rental offer was not proven.
The transitional provision, which extended the obligation to offer a social pension to procedures initiated before the entry into force of the law, is in the same situation of unconstitutionality.
The TC also declared Article 11, referring to the renewal of contracts social rental for a single time when they come to an end.
Declaration of unconstitutionality which also affects the transitional provision, insofar as it extends the obligation to renew the social pension to procedures initiated before the entry into force of the law.
Finally, Article 7 is declared unconstitutional, which imposed on the purchaser of a house a sort of objective responsibility attached to it, which would oblige him to respond vicariously, contrary to the principle of guilt derived from article 25.1 of the Constitution.
Concerning the effects of the judgment, the judgment specifies that it will not affect consolidated situations and that the unconstitutionality and nullity This will only have pro-future effectsexcept in the case of article 7, which is of a sanctioning nature.
Five judges (Ricardo Enríquez, Enrique Arnaldo, Concepción Espejel, César Tolosa and José María Macías) announced private votes.
