The Board of the Parliament of Catalonia agreed this Tuesday, at the request of JxCat, to ask the Consell de Garanties Estatutàries to issue an opinion to assess whether the state law on the Right to Housing, approved in May “invades powers” of the Generalitat. The opinion of that Council is not binding, but it is the first step so that the plenary session of Parliament, at the request of any group, can vote whether or not to file an appeal before the Constitutional Court (TC).
The Housing law was approved in May in Congress with the votes of ERC, PSOE and Podemos, which have 74 seats in the Catalan Parliament, so they will decide the direction of the vote.
The invasion of regional powers in matters of housing, territorial planning and urban planning has been precisely the reason that the Junta de Andalucía alleged on Tuesday, which announced that it will appeal 18 articles and four additional provisions of the state norm before the Constitutional Court. As explained by his adviser, Rocío Díaz, the regulation goes too far when it comes to regulating aspects that are exclusive to the autonomous communities, in such a way that it turns them into mere executors of state decisions, while it is permissive with illegal occupation and does not respect the right to property. Díaz, however, assured that she will not ask the TC for the precautionary suspension of the norm.
The president of the Community of Madrid, Isabel Díaz Ayuso, also announced the filing of an appeal while the law was still being processed, and other communities governed by the PP also announced their desire to challenge the rule. The Basque Country and the Canary Islands, for their part, also considered doing so, and the PNV and the Canary Islands Coalition voted against its approval in Congress, as did the Junts, PDeCAT and the CUP due to invasion of powers.
The deadline to appeal the law ends on August 25, so many communities will postpone their decision until after the 23-J elections, so that it is not a controversial element in the electoral campaign.
Junts explained in a statement that the law violates the exclusive competence of the Generalitat in housing and “represents a dismantling of the approved regulations and the regulations in force in Catalonia regarding housing”, more favorable to vulnerable families. In his opinion, in addition, the new norm violates “the constitutional right to private property and the rights of small owners, 85% of the holders of Catalonia, which in his opinion will increase the difficulty of access to housing for people with fewer resources.
The Consell de Garanties Estatutàries is the advisory body of the Generalitat in charge of assessing the adequacy of Catalan laws to the Statute and the Constitution, and can also advise the Parliament on whether state laws are adapted to the legal framework. The Consell will have one month to rule on this rule and its opinion, although not binding, is essential for the Chamber to approve appealing the rule.
