The opposition of the CGPJ, a new blow to the Housing Law that Sánchez would like not to see approved

Since then, the eternal Housing Law has filled headlines and, above all, discussions within the government. The last one, this same Friday, when United We Can was limited to being “concerned” after learning that the Judiciary had knocked down the report favorable to the norm, and a new period of two weeks was given to prepare another.

Neither ministers nor spokesmen, only a note from the formation described as “unexcusable delay” this decision of the CGPJ. And it is that within United We Can the main origin of this new blow to the norm is attributed to the socialist majority of the Executive.

Reyes Maroto, Pedro Sánchez and the director of the Moncloa Economic Office, Manuel de la Rocha, meeting with large investors in New York.

No leader of the minority formation of the Government has criticized the governing body of the judges, a habitual objective to which is accused of “being kidnapped by the PP”. No one spoke louder despite the fact that when the term available to issue its report on certain aspects of the rule had already tripled, it has stopped it again.

An “oversight”?

And it is that the almost three months accumulated since it was approved in the Council of Ministers they have their origin in an alleged “forgetfulness” of the majority wing of the Executive, which did not send the text to the CGPJ until December 1.

The text had passed through the Council of Ministers on October 26. And the Minister of Transport, Rachel Sanchez, publicly promised to take it to Congress “in the second half of December.” According to sources consulted in the civil service bodies of the Government, “the usual procedure is that in that same week, or the following Monday, the preliminary draft is sent to the advisory bodies”.

It is the legal team of Moncloa, in collaboration with that of the affected Ministry, which determines which institution is obliged to request an opinion. In this case, and as confirmed by Transportes, the CGPJ report was “mandatory but not binding”. No further rulings were required by law, and they were not requested.

The Judiciary had to give its opinion, specifically, on “the modification of three articles of the Law of Civil Procedure” that the Law for the Right to Housing does, always in accordance with “what is established in article 561.1.6º of the Organic Law 6/1985, of July 1, of the Judicial Power”. This is the part of the law that establishes the new mandatory guarantee procedure for evictions.

Procrastination in the CGPJ

This newspaper has been able to confirm in government sources that the rule was kept in a drawer, without sending to the CGPJ for 36 days. Meanwhile, the law was raised to public information, until November 18. It was an informal consultation between ministers, alarmed by the paralysis of the procedures, which raised the hare, and those responsible admitted a “regrettable oversight.”

Transport acknowledged this Friday that “the report was requested on December 1.” And that was done ‘for urgent procedure, to be issued in the within 15 days“.

However, the members of the CGPJ were not urged to meet that deadline either. In fact, and despite the “urgency” of the Executive, rapporteur for the opinion was not appointed until 9 Decembereight days later. When the member Álvaro costs delivered his draft, a few days ago, and in view of the difficulties in finding consensus, the CGPJ requested more time, which was denied by Moncloa.

The truth is that sources from the socialist wing of the Executive privately contradict the discourse they maintain in public. The PSOE wants to keep the president’s promises to the big international investors, and for that reason it would not want to see the regulation approved, at least in the terms in which it has had to agree with United We Can. The main fight between both parties was the intervention of the rental market.

The rents

From the beginning, with Jose Luis Abalos at the head of the Ministry, the socialists opted to lower the prices of leases through the tax incentives. And her successor, Raquel Sánchez, maintained that position. But both Pablo Iglesias first and Ione Belarra later they defended the coalition agreement and the sealing for the 2021 Budgets, in which they spoke expressly of “mechanisms of containment and lowering of rental prices”.

In fact, the draft of the CGPJ opinion endorsed the final design of this mechanism. According to sources from the Judiciary, “the design contained in the preliminary project to intervene in the housing rental market is compatible with the right to property of article 33 of the Constitution“.

But even so, the last stage of negotiation, led by Felix Bolanos on the socialist side, it was very tense. And it wasn’t until Yolanda Diaz and Belarra imposed the “no” to the 2022 Budgets until this precept that the PSOE yielded was accepted.

Pablo Iglesias with Yolanda Díaz and Ione Belarra in the transfer of portfolios.

Pablo Iglesias with Yolanda Díaz and Ione Belarra in the transfer of portfolios.


Finally, in any case, with enormous caveats that decaffeinated the purple claims: the intervention of the rental market will only affect 2% of the rented housing stock in Spain, the rule may take a year and a half to pass through Congress and the Senate … and the Exemption Law will make that rent control does not come into effect until 18 months later that the law completes its parliamentary process.

And that is precisely what United We Can suspect the socialists are doing and, now, the Judiciary with its “unjustifiable” delays: delay a norm that is the flag of the purple coalition.

Along with the labor reform – also stuck in Congress and with the same bad look by the usual partners of the Government, ERC and Bildu-, the Housing Law is the main medal with which United We Can want to appear in the next electoral processes. And in both cases, with delays and discussions, the text is too far of what they announced in their electoral program.

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