The Government is entrenched and will maintain the Housing Law as it is after the report of the CGPJ

The Housing Law will maintain the content agreed between PSOE and United We Can, confirm government sources following the second report prepared by the General Council of the Judiciary (CGPJ) and that supposes, once once more, an amendment to the totality of one of the most important norms of the legislature for the coalition. The judges consider that the bill might not have constitutional fit by invading regional powers, but the Government remains firm in its will to illuminate in just a few days the first state legislation on housing and rentals.

The PSOE has already transmitted to its coalition partners that the content of the Budget agreement will be respected. United We Can, for its part, wants to be vigilant and ensure that not a single comma of the core part of the draft is touched. The socialists convey their commitment to the agreement and insist that the bill will be identical which should have seen the light already last week.

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The CGPJ warns Moncloa regarding the housing law: “It must respect regional competition”

Beatrice Parera

He considers that the Government’s project supposes “a clear leadership of the action of the regional and local institutions, of problematic fit in the constitutional order”

Sources from the Ministry of Transport affirm, for their part, that they respect the decisions of the CGPJ but emphasize that the text that the Government is handling is already “a guarantee standard“that respects the autonomous competences. A very careful article, in short, before the legal battle that, probably, the great owners are going to wage in the future. In the Executive they are aware of it. They add that the law “controls abusive price increases, shields public housing stocks, prevents their speculative sale, combats the degradation of many neighbourhoods, offers opportunities to young people and the most vulnerable groups and provides a solution to the drama of evictions”.

The Council of Ministers, therefore, will go ahead with its bill and will do so in the first Council of Ministers that can. The Ministry of Transport, Mobility and Urban Agenda does not yet have this second report from the CGPJ. It is expected that the governing body of the judges will approve it in its plenary session on the 27th and that it will transfer it to the Government in the coming days. The rule might be approved in Moncloa in the first conclave in February.

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The CGPJ questions rent control once the worst of the pandemic is over

E. Sanz

In a 60-page document, the members José Antonio Ballestero and Enrique Lucas put on the table the doubts generated by the future state law, especially regarding the limitation of income

From the department headed by Raquel Sánchez they remember that “the CGPJ report is mandatory but not binding“. And they highlight the fact that it was requested because the Housing Law “amends the civil procedure law in three articles, and in accordance with the provisions of article 561.1.6 of Organic Law 6/1985, of July 1 , of the Judicial Power”, the judges must express themselves. They should not, in the opinion of the Government, have entered the global terrain of the norm.

“From the Government it is considered necessary and urgent the approval of a law that enshrines and guarantees housing as a basic right, from the scrupulous respect of regional and local powers and the Constitution”, they conclude from Transport.