The Constitutional Court (TC) has estimated the appeal for protection filed by a woman with minor children and in vulnerable situation to which the suspension of the procedure was not applied eviction of the dwelling in which the family lived for rent.
Through a press release, the court of guarantees recalls that this suspension is planned for cases in which tenants find themselves in a delicate situation and without a housing alternative.
The trial court that had heard the case, explains the TC, had interpreted that This suspension could only be requested once.which determined the rejection of the appellant’s request for protection, having requested up to three incidents of suspension.
This interpretation, the note details, prevented the application of successive extensions of this suspension that have been approved by royal decree law, despite the fact that the situation of vulnerability remained that determined the application of the measure.
The Constitutional ruling considers that the interpretation that the judicial body made of the norm applied in the case, article 87 of Royal Decree-Law 8/2023, of December 27, violates the right to effective judicial protection in its aspect of the demand for a judicial resolution based on Law that does not incur irrationality or arbitrariness.
The TC remembers that the successive royal decree laws – since the COVID-19 crisis, eight in total – have been extending the maximum period of validity of this measure of suspension of launches in cases in which there is a situation of vulnerability, so that, at this moment, it is valid until December 31, 2024.
Thus, the Constitutional Court appreciates that the purpose of this extension of the suspension of launches is none other than maintain these protective measures over time to continue meeting the needs of these homeswhich is incompatible with an approach that restricts the suspension of the launch to only being able to request it once.
The judicial resolution is, for the magistrates, unreasonable and contrary to the Spanish Constitution. They point to the necessary judgment of reinforced motivation in those decisions that affect minorswhile the appellant’s family unit was made up of her husband and five minor children and that circumstance is not taken into account by the judicial body.
A magistrate, in defense of property
The judge has formulated a concurrent dissenting vote on this sentence. Enrique Arnaldo. In that resolution, the magistrate shares the assessment of the complaint that was formulated in the appeal for protection, from the perspective of the demands derived from the Spanish Constitution.
However, he considers that, as he has already shown in other individual votes, “the emergency legislator”, by approving the successive royal decree-laws, “affects the core of the right to property, making it purely illusory for homeowners.” in which people classified as vulnerable live.
These people, according to the magistrate, “They deserve the attention and help of public powers within the framework of the social Statebut not through the denaturalization of the right of property and the deprivation of the power of disposal of the affected owners.
Arnaldo maintains that the impact on the right guaranteed by the Magna Carta of a measure such as the suspension of launches “is evident, in that it necessarily conditions the power of disposal over certain homes of their legitimate owners, in order to attempt to satisfy a purpose of social interest such as the protection of people considered to be in a vulnerable situation” .
“This intensely alters the conditions for the exercise of the right to property with respect to the specific group of owners who are going to be affected by the measure. For the owner of a home who finds himself in the situation described in the norm, it means the temporary impossibility, or rather sustained over time, of recovering the disposition over it, for a long period, subsisting on the contrary the duty to bear the burdens that derive from the ownership of an asset that is not available,” he states.
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