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Andalucía’s Anti-eviction Law Suspended by Court

Spain’s Constitutional Court has suspended - provisionally - the law passed by the Junta de Andalucía in October to prevent families with limited financial resources being evicted from their homes.

46353 1251686 foto 1 300x225 - Andalucía’s Anti-eviction Law Suspended by CourtThe law, described as a measure to ensure the social function of a property, allowed the authority to temporarily expropriate the use of a property repossessed by a bank so that its original owners could still live in it.

The Constitutional Court has admitted the central government appeal against the law designed by the Junta de Andalucía to ease home evictions by temporarily expropriating the use of houses seized by banks and allowing their owners to continue living in them.

The Andalusian law was passed on October 1st and revoked a previous decree on the same matter which had been passed in April and was also the subject of an appeal on grounds of it being unconstitutional.

Since the government agreed on December 13th to present an appeal against the law to the Constitutional Court, the Junta de Andalucía has put a stop to two evictions of families in Huelva and Torremolinos and has begun proceedings to do the same in 37 cases. At the same time it has completed proceedings in 115 cases in eight provinces.

The government has argued that the new version of the Junta’s anti-eviction law merely repeats the content of the original one which was successfully appealed against. The government argues that the law violates the constitutional right to property (in this case the banks’).


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