The Council of Statutory Guarantees (CGE) questions the commoners’ bill, agreed with the PSC Government, to restrict the buying and selling of homes in stressed areas as long as it is not for residential use for violating the right to private property.
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The Catalan advisory body, in an extensive report, which this media outlet has had access to, points out that the law violates several legal precepts such as the right to freedom of enterprise, the right to private property and to receive an inheritance as set out in the Constitution, or the principle of legal certainty. All points have been approved unanimously.
The CGE also warns that it intends to legislate issues related to civil law through an amendment to the Catalan urban planning law, that state competences in contract matters are being invaded, and questions the use of the single reading procedure, which skips several steps, to approve the regulation.
However, this opinion, requested by both Junts and the PP, is not binding and the groups could ignore its recommendations and approve the regulation as they had originally conceived it.
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In any case, this opinion opens a new amendment period in case the groups want to introduce modifications, so the approval of the regulation, scheduled for early October, will certainly be delayed further.
The Catalan PP already warned in February that if the regulation succeeds it will end up challenged in the Constitutional Court and reaffirmed its intention this Tuesday, after learning of the legal report from the Catalan advisory body. The Populars celebrate that the CGE has accepted all their allegations and that it points out that the law attacks the right to private property. “The CGE has confirmed one by one all the legal arguments we raised and proves that this law is a botch that was born violating fundamental rights, invading competences and attacking basic principles of our rule of law,” said Lorena Roldán, the party spokesperson, in a statement.
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