Although the Andalusian government’s ruling is partially accepted, it retains most of the state law and declares some of its provisions unconstitutional, with the nullity of Article 16, which refers to sheltered housing, standing out.
The Constitutional Court passed most of the state’s housing lawa year after its entry into force, after having rejected most of the objections to the rule of the Junta de Andalucía, although annuls the article regulating sheltered housing.
The Guarantee Court made this decision by a majority of 6 to 4 votes of the progressive bloc versus the conservatives in hearing the first of the eight appeals pending against various provisions of the standard, so that this ruling will be applied as doctrine for legal sources inform EFE about the rest of the funds.
Although the court partially accepts the council’s appeal, the ruling preserves most of the state law, the sources added.
The sources refer, for example, to the power of the state to regulate the basic conditions for the equal exercise of the right of access to decent housing.
Now the sentence declared unconstitutional some of its regulations, of which the nullity of Article 16 is striking, which refers to the protected housing.
That article establishes principles for the management of sheltered housing, although it does so after stating that this will be done “without prejudice to the conditions and requirements laid down in laws and regulations at regional or municipal level, which will apply in any case.”
The Andalusian government’s call proposed challenging all regulations in the law surrounding the concept of sheltered housing, incentivized affordable housing, large property owners and public parks.
The Court of Guarantees still has five pending appeals against the Housing Law that have already been accepted: PP, the Parliament of Catalonia and the Government of the Balearic Islands, the Basque Autonomous Community and the Community of Madrid. The Generalitat of Catalonia and the Xunta de Galicia have also appealed the rule.
Source: EITB

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