The Constitutional Court has accepted for processing the PP's appeal against the decree-law of the Generalitat of Catalonia of urgent measures on the urban planning regime for housing for tourist use.
The challenge questions key articles of the regulations that would affect fundamental rights, for which the appellants ask that they be annulled, given their unconstitutionality.
The PP presented the appeal after receiving a request from the Platform for People Affected by this decree-law to go to the court of guarantees through its parliamentary group in Congress.
And it has done so once the National Markets and Competition Commission also found possible reasons to question the adequacy of said regulations to the Constitution, for being “restrictive” in various aspects, such as the setting of maximum limits for tourist housing. in some municipalities of Catalonia, supposedly without taking into account the specific characteristics of said localities.
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The final wording of the decree-law, in any case, eliminated the initially set limit of ten tourist apartments for every 100 homes.
Each town council, therefore, may set this type of radio as it considers most convenient for the municipality.
On the other hand, the agreement reached by ERC with the PSC on this regulation meant that the obligation to have an urban planning license only applied in the 140 Catalan municipalities declared areas of stressed residential market (which represent 80% of the Catalan population). , while in other locations the regulation will be optional.
By accepting the appeal of the popular parliamentary group for processing, the Constitutional Court has agreed to transfer the demand and documents presented to the Congress of Deputies, the Senate and the Government, as well as the Parliament of Catalonia and the Generalitat, so that they can appear in person. the process and formulate the allegations they deem appropriate.
The PP has questioned in its challenge that the aforementioned decree-law affects the content of the property right, at the same time that it represents an invasion of the powers that correspond to the State in this matter, for violating the law of Guarantee of Market Unity and violates the constitutional principles of equality and legal certainty.
The appeal also questions whether the Generalitat had urgent reasons to resort to a decree-law to regulate the regime of tourist apartments.
This argument was also already put on the table by the Catalan Federation of Tourist Apartments (Federatur) when establishing a position on the regulations.
This entity maintained that “there cannot be an urgent and extraordinary need if a subsequent development of the urban planning of each municipality is required and a period of five years is given to do so.”
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