A motivation that does not convince Confedilizia, the organization of homeowners: “The ‘duty of social economic solidarity’ exists only in the hands of the owners”
Rome – The extension of the block on evictions, decided during the most acute phase of the Covid emergency, it is an exceptional measure of “economic solidarity”, and is destined to run out by 31 December 2021 “without the possibility of further extension, as the compression of the property right has reached the maximum tolerability limit, even considering its social function”.
With this motivation, the Constitutional Court recognized the legitimacy of the support measures for defaulting tenants – established with the Cura Italia decree and then protracted over time, first with the Milleproroghe then with the Sostegni decree – declaring the complaints raised by the judges of the execution of the courts of Triesteand Savona, but also highlighted its transitory nature: “As of December 31, 2021, any residual effectiveness of the suspension of the execution of any provision for the release of properties is destined to be exhausted”.
According to the court of Savona, in particular, the judge was not allowed any evaluation or on the link between the pandemic emergency and the tenant’s default, nor on the economic situation of the tenant and owner. But the constitutional judges underline that during the emergency, on the one hand “it was necessary to avoid that the executive activities, in addition to burdening the courts, necessarily put people in contact with a consequent increase in the risk of contagion”, on the other that the recipients of the eviction measures, whether it was a home or a business, “risked seeing that difficult situation worsening, even though it was general in scope”. And they validate the choices made by the government and parliament: “In this exceptional health emergency situation, the discretion of the legislator in designing measures to combat the pandemic, balancing the protection of interests and rights at stake, it is wider than in ordinary conditions“, and the blocking of evictions appears” at least not manifestly unreasonable ” “the sacrifice for the landlords could only be temporary“.
A motivation that does not convince Confedilizia, the organization of homeowners: “The ‘duty of social economic solidarity‘it exists only in the hands of the owners, deprived of their property and their income for almost two years, without any compensation from the state and even forced to pay expenses and taxes “. While for the Tenants Union a decision of the opposite sign” it would have been an act of irresponsibility, which would have further jeopardized the health of the community, already so badly affected “, and for this reason it asks the government to” increase the supply of social housing “.
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