The Plenary of the Constitutional Court has admitted for processing the appeal presented by the Vox Parliamentary Group in the Congress of Deputies against the first final provision of Royal Decree-Law 1/2021, of January 19, on the protection of consumers and users against to situations of social and economic vulnerability, which refers to the prohibition of evictions in the absence of violence or intimidation.
On March 18, the Plenary TC already unanimously agreed to admit the appeal for processing. by more than 50 PP deputies on the same matter, since the decree-law prohibits the expulsion of the ‘squatters’ from a home when the entry into it has occurred without “intimidation or violence.”
In this case, once admitted for processing, the Court agrees to transfer the claim and documents presented to the Congress of Deputies, the Senate and the Government so that they can appear and formulate the allegations that they consider appropriate, as noted in a statement.
Violation of the budget of article 86.1 of the Constitution
Vox considers that it has been possible to violate the enabling budget of the extraordinary and urgent need established in article 86.1 of the Constitution, which states that “in case of extraordinary and urgent need, the Government may issue provisional legislative provisions that will take the form of Decree-laws and that may not affect the ordering of the basic institutions of the State, the rights, duties and freedoms of the citizens regulated in Title I, the regime of the Autonomous Communities or the general electoral law ” .
The decree-law approved on January 19 made reference to consumers particularly exposed to abuse, fraud, scams and deception by marketing or information techniques, and amended on 11/2020 of March 31 on urgent complementary measures in the social and economic sphere to deal with COVID-19.
In its first final provision, it established that only eviction will be allowed “When the entry or stay in the property has occurred through intimidation or violence against people.”