The Housing Law was the last far-reaching legislative measure that was approved in the Spanish Courts during the last legislature, before the 23J elections. The Spanish Government carried out the law by adding the parties of the Executive, PSOE and UP, the majority of the investiture with Esquerra Republicana and EH Bildu in the center. Now, only 3 months later, the “Law 12/2023, of May 24, for the right to housing” will become the Parliament in the first bump in the relationship between Junts and ERC and the parties that seek to reissue the Government of progressive coalition, PSOE and Sumar. And it is that the independentistas plan to send the Law to the Constitutional through approval in plenary, which will be held this Friday in the Catalan chamber practically with this sole objective.
The Parliament will dedicate this Friday, starting at 9:30 in the morning, the first plenary session of the new period of sessions, the sixth of the current legislature, to the debate and vote on the proposals presented by the JxCat and ERC groups in which They request that the Parliament file an appeal of unconstitutionality against several precepts of that “State Law 12/2023, of May 24, for the right to housing”.
It will be necessary to be attentive to the interventions, considerations and possible reproaches that occur between Together and ERCpromoters of the unconstitutionality appeal, and the PSC and En Comú Podem –Sumar’s Catalan brand–, although the latter have not yet publicized their position on the appeal to the Constitutional Court but are fervent defenders of the Housing Law.
A resource that arrives in the middle of negotiation
The unconstitutionality appeal is a parliamentary initiative that originated prior to the holding of the 23J elections. But it escapes no one that it comes at a very different situation in which Junts and ERC are in full negotiations with the PSOE and Sumar for the investiture of Pedro Sánchez. And in addition, now Junts – and not just ERC – is essential in parliamentary arithmetic in the Congress of Deputies. However, both the pro-independence ranks and those of the parties that are part of the Spanish Government consider that “despite the discrepancy on this issue, it should not affect the substance of the negotiation for the investiture.”
Although socialist sources point out that any stone in the way is inconvenient taking into account the difficulty and complexity of the negotiation that is being faced. The unconstitutionality appeal was already announced by Junts immediately after the approval of the Housing Law since those of Carles Puigdemont justified their contrary vote – the PNV also rejected it – due to the invasion of jurisdiction that they claim includes with respect to the Generalitat, among other things. Junts would not have a majority in Parliament given that the Catalan parties that approved the law in Congress, Socialists, En Comú Podem and ERC have a majority in the Catalan chamber. But ERC has decided to join the petition for the unconstitutionality appeal, alleging that it can be improved in terms of jurisdiction but with the intention of “maintaining the essence of the norm” that they continue to defend.
Approval virtually assured
The votes of ERC and Junts, together with those of the CUP, which also voted against in Congress for considering the Spanish regulations insufficient and a “strainer to continue trampling on rights”, would entail an absolute majority that virtually guarantees that the appeal will be presented. of unconstitutionality. Although the anti-capitalists have not yet specified their position, the same as En Comú Podem. The vote of the 33 PSC deputies against the appeal is certain and will be joined by those from the PP and Vox who already voted against the law in Congress and do not consider that there is an invasion of jurisdiction. Ciudadanos is also doubtful about this.
The procedure to be able to appeal the “State Law for the right to housing” before the Constitutional Court was initiated by JxCat, at the beginning of July, by requesting the Consell de Guaranties Statutàries (CGE) the mandatory opinion on the adequacy in the Constitution and in the Statute of Autonomy of about twenty provisions of the law.
The opinion of the Consell de Garanties Estatutàries
On August 4, the CGE ruled that “several articles and provisions of the law for the right to housing violate the exclusive competence of the Generalitat in matters of housing and urban planning established by the Statute of Autonomy of Cataloniaas well as the principles of financial autonomy and spending of the Generalitat.” The opinion had a dissenting vote presented by two members of the council.
According to legal sources from the Parliament, as a result of this ruling, “JxCat and ERC have requested the filing of an appeal for unconstitutionality against articles 2 (on the purposes of public housing policies), 15 (on the right of access to housing and territorial and urban planning), 16 (on protected housing), 17 (on incentivized affordable housing), 18 (on the declaration of stressed residential market areas), 27, 28, 29 (the three articles are on public parks of housing), the first transitional provision (on housing qualified with some public protection regime before the approval of the law) and the seventh final provision (on competency titles)”.
The position of Junts, flatly contrary to the Law
Junts has a position totally opposed to the new housing legislation and not only because of the alleged invasion of jurisdiction, although this is what justifies the appeal to the Constitutional Court: “This law does not solve the major housing problems. Furthermore, insecurity has increased legal system, especially in small property owners, which in Catalonia represent 85%,” says the leader of the party in Congress, Miriam Nogueraswhich also criticizes the lack of consensus with the sector.
Nogueras recalls that in Catalonia a Catalan law has already been approved to address the housing problem, which was overturned by the constitutional Court: “The Catalan law served to be able, among many other things, to determine which measures could be improved, which could be discarded and which were missing.” For Nogueras, “in every law passed in Madrid, Catalonia loses powers and resources” and criticizes the favorable vote of ERC at the time, whom he accuses, along with the Government, of having “abandoned the defense of the interests of the citizens of Catalonia.” doing “following the Government and the Spanish tripartite”.
ERC comes out in defense of the Generalitat but without devaluing the law
For their part, Esquerra justify the appeal to the Constitutional Court despite having voted in favor of the Housing Law. Republicans claim that the work of Esquerra Republicana in Congress “allowed fundamental social advances in housing.” In this way, management sources say, the Republicans managed, among other things, to “put caps on rental prices or put a stop to speculation and abuses that affect citizens.” Some advances that, the Republicans recall, “already existed in Catalonia with Law 11/2020 on urgent measures on housing and that served to be pioneers in income containment” but that was amended by the Constitutional Court at the request of the Spanish Government. .
ERC also uses the opinion of the Consell de Guaranties Statutàries which details that in some articles “the law affects the self-government of Catalonia in aspects such as urban planning or financial and spending autonomy.” And he justifies the appeal to the Constitutional Court “with the aim of protecting the powers of the Generalitat and, at the same time, maintaining the essence of the Housing Law, which means very relevant advances in housing matters, and which must be able to be deployed “.
