Reflections on legality and opportunity of the Andalusian Decree Law 6/2013, of April 9, of measures for the fulfillment of the Social Role of Housing

Abstract

Based on the subordination of individual property right to general interest and intended to guarantee the housing rights of people in special circumstances affected by foreclosure processes, the Decree-Law 6/2003 of April 9 was approved by the Andalusian Government. This law delimits the fundamental of private property in relation to housing and introduces in the Autonomic Law actions as imposing sanctions and property eviction. Indeed, these measures are highly controversial both judicially and by opportunity and convenience, even more taking into account that already existing legal procedures permit to achieve the same objectives in ways that are not so restrictive with individual property right.