See the legal regime being challenged as «necessary» and provided a measure to prevent damage to the urban environment.
The Plenary of the Constitutional Court (TC) has dismissed the unconstitutionality appeal filed by more than fifty PP deputies from the Congress of Deputies against the legal restrictions on tourist housing in Catalonia.
This was reported by the Constitutional Court in a statement on Thursday, indicating that this rule regulating for the first time the urban regime of tourist housing in Catalonia does not violate the formal or material limits of emergency legislation.
«They also agree with the constitutional protection of private property, local autonomy, effective judicial protection, equality, and legal certainty, in addition to the regime in the field of the single market established by basic state legislation,» they say.
The judgment rejects challenges related to infringements of private property and, «especially,» forced expropriation, since, textually, the conception of this right does not prevent the existence of a constitutionally protected content as a right to use, enjoy, and dispose of assets and rights.
In this sense, the TC concludes that the regime of tourist use of houses under persecution does not constitute a suppression of property over them, but a limitation of a specific aspect of their content, in response to the social function of the right, which does not make it disappear or make it unrecognizable.
A «proportionate» measure
Furthermore, they see the legal regime being challenged as a «necessary» and providing a measure to prevent damage to the urban environment, specifically to protect the city model provided by urban planning in accordance with the parameters established by legislation on urban planning and land management.
The judgment confirms that the disputed regulation affects the restrictive sense of municipal urban competences, but concludes that it does so «respectfully» with local autonomy because there is justification in the protection of supralocal interests.
Justices Enrique Arnaldo Alcubilla and Concepción Espejel Jorquera have published a dissenting opinion.
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