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News
Congress approves processing a Junts law to evict squatters within 48 hours
 18

  ABR

Congress approves processing a Junts law to evict squatters within 48 hours

The text has the support of the PSOE and the PP
The Congress of Deputies has agreed to process a bill presented by Junts to expedite evictions and evict squatters within 48 hours. The legislation proposes legislative changes in the civil and criminal fields to accelerate these evictions and has had the joint support of the PP and PSOE, albeit with nuances. The Socialists have already announced that they will add amendments to the pro-independence text, while the Anti-Squatter Law presented by the Senate remains in a drawer on the Congressional Bureau.
In its initiative to combat squatting, the party maintains that the criminal remedies available for evicting a property are not "sufficiently effective or fast enough."
Therefore, they propose reforming the Criminal Procedure Law (LeCrim) to strengthen the adoption of precautionary measures and establish an urgent precautionary measure of eviction when the corresponding complaint is filed.
Specifically, they advocate that the recovery of possession should take place within a maximum period of 48 hours and that delays be prevented "due to the allegation of vulnerability by the illegal occupants of the property."
They also want to amend the LeCrim to allow the prosecution of the minor offense of trespassing through the immediate proceedings for a minor offense. In this way, "the courts will be able to decide whether to apply the provision that allows the investigating court to adopt an urgent precautionary measure of eviction at the time of the fast-track trial."
"The criminal offense is occurring while the unlawful possession lasts, therefore, the prompt return of possession to the owner, after filing a complaint, is mandatory to comply with the constitutional right to effective judicial protection," argues Junts, which also seeks to amend the Organic Law of the Jury Court to eliminate its jurisdiction over the crime of trespass.
In the civil sphere, they believe it is necessary to differentiate cases of illegal occupation from other procedures for recovering possession of property.
The proposed text proposes differentiating the legal regime applicable to procedures for recovering possession arising from lease agreements with that of procedures aimed at recovering possession from occupants without legitimate title.
To this end, it proposes eliminating the procedural requirements, which currently impose additional conditions that delay and complicate the filing of lawsuits for the recovery of properties occupied without title.
It also calls for the elimination of the "incidental economic vulnerability procedure" and the suspension of the moratorium on evictions and foreclosures for economically vulnerable people without alternative housing, which is in effect until the end of the year in cases of squatting.
The Senate, which has an absolute majority of the People's Party (PP), has also submitted its own Anti-Squatter Law to Congress, although the process in Parliament has not yet begun.

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