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ERC advocates appealing the Housing Law, which it supported in the Senate

Eliza Houghton by Eliza Houghton
August 8, 2023
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ERC advocates appealing the Housing Law, which it supported in the Senate
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ERC allowed the approval of the Housing Law in Congress, but that support does not prevent it from now being willing to file an appeal for the unconstitutionality of the same law because it considers that it “violates some powers of the self-government of Catalonia”, as reported by this Tuesday in a statement. The new step taken by the Republicans comes after the Council of Statutory Guarantees issued a mandatory opinion last week, at the request of Junts, in which it determined that several articles and provisions of the norm violate “the exclusive competence of the Generalitat in matters of housing established by the Statute”.

In this way, ERC proposes to appeal the law to the Constitutional Court (TC) through a resolution proposal that –textually– will follow the recommendations of the CGE to protect the powers of the Generalitat and “maintain the essence of the Housing Law , which means very relevant advances in housing matters and that are necessary to be able to deploy”. With its new position, ERC will propose to challenge articles 2, 15, 27, 28, 29, and the seventh final provision of the Law for the Right to Housing.

Aware of the change of opinion, the formation assures that it voted in favor of the norm in Congress because it would allow “capping rental prices or curbing speculation and abuses that affect citizens.” “ERC once again vindicates its commitment on all those fronts that mean defending Catalonia, both its self-government and those laws and measures that bring about progress and improvements in the day-to-day life of Catalans,” he concluded. The Parliament convened the plenary session on August 4 on September 1 to vote on whether to file the appeal of unconstitutionality before the TC after receiving the opinion of the CGE.

The institution dependent on the Generalitat verified in the opinion requested by Junts that the rule violates “the principle of financial autonomy and the autonomy of spending of the Generalitat”. For its part, Junts has already requested that Parliament file an appeal for unconstitutionality against articles 2, 15, 16, 17, 18, 27, 28, and 29, the first and second transitory provisions, and the seventh final provision of the Law for the right to housing.

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