The standard, effective October, has allowed expropriate 39 homes to prevent evictions of families at risk of social exclusion.
The Minister of Public Works and Housing of the Junta de Andalucía, Elena Cortés, said today that the action against Law on Measures to Ensure Social Function of Housing presented by the Prime Minister, Mariano Rajoy, "It will cause evictions and speculation, because that is precisely its purpose ". The Ministry claim to the Constitutional Court (TC) not depleted within five months you have to lift the temporary suspension of the rule, because "his stoppage, forced by the Government, deprotection is a massive picture and because, also, is clear that the Act did not violate any during his months in force ". "Also in Catalonia is in force Housing Act 2007 Seated on similar precepts, for classifying and punishing empty homes ", He added the minister, who recalled that the PP no recourse when approved. "The reason for this asymmetry is obvious: do not care about the rights and the Constitution, worry that Andalucia has a government that demonstrates that no alternative and highlights the failure of their policies ", noted.
"This resource more expensive access to housing, since the Act was intended primarily by the depart abaratarlo affordable rental homes empty, and return to the routine images of violence against families who can not pay their mortgage because of the financial scam ", Cortés noted, who recalled that in Andalusia more than 700.00 empty homes. The minister explained that the shutdown mainly affects two aspects of the Law: the first, expropriation of homes to banks to prevent evictions of families at risk of social exclusion; second, sanctions on financial institutions to maintain empty homes and not get them in affordable rental. The rest of the law remains in effect.
Cortés has lamented the "infinite cowardice Government, who has lodged the appeal without showing their faces, ashamed of himself, aware that everyone knows who is acting solely guided by the defense of the interests of the financial elite and speculators ". "Could the government tell exactly what constitutional right has been violated by this Act?, Or Are not Free, but interest, thereby protecting?”, He asked the minister.
The standard, in force since 9 October, has allowed expropriate 39 two separate homes to avoid eviction. Regarding penalties for property uninhabited, "The Government has filed a timely appeal before six months have elapsed necessary to prove that a house is empty". "It's crystal clear who serve and who are willing to sacrifice so that your service is impeccable", He added the minister. The 39 expropriated homes to prevent evictions are located in the provinces of Málaga (15), Granada (6), Seville (5), Cordova (5), Cádiz (3), Almería (3) and Huelva (2).
Two of these expropriations, Huelva and Torremolinos (Malaga), have already been fully culminated by the Governing Council, therefore "can not be reversed, since the action does not have retroactive effect ", Cortés noted. "The first thing we do is ask the courts each 37 remaining cases not to execute the eviction until a judgment, and logically only if declared unconstitutional the Act, something we consider absolutely inconceivable ", He said the minister, who recalled that the standard is "perfectly anchored in the Constitution". The Minister has indicated that, as the government turned in July Decree-Law that preceded this Act, there were more than a dozen records and initiated expropriation, during the three months in which the rule was suspended until the Parliament adopted, no judge these families evicted.
The Minister said that the government action "does not only affect these 37 families, and nearly two hundred who met the requirements of the Act and that would also host the expropriation, but all persons eviction process in Andalusia ". "This law had a deterrent effect on all evictions, because it gave power to the family from the financial institution. When a bank would evict a family, would think twice, because I knew that risked penalties for having an empty house or expropriation of the house ", He said the minister. "We now have a free hand to evict", has added.
Cortes recalled that the TC has been limited to provisionally suspend the law in pursuance of Article 161,2 of the Constitution, which states that when the Prime Minister is challenging a regional standard paralyzing it is automatic. "The president has made an abuse of his constitutional prerogatives. The stoppage of Law, and their consequences, They are now the responsibility of the President, of his ministers and the group that holds in Congress ", Cortés noted.