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Right to Housing and Relevant Policies

Right to Housing and Relevant Policies. 1. Right to housing as social fundamental right - Freedoms v social rights? - Constitutional basis?

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Right to Housing and Relevant Policies

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  1. Right to Housing and RelevantPolicies • 1. Right to housing as social fundamental right • - Freedoms v social rights? • - Constitutional basis? • - Italian Constitutional court n. 404/1988: right to housing as inviolable human right, means to grant human dignity and ‘substantial’ equality (arts. 2, 3 Constitution) • - Right to housing as elementary precondition to enjoy human fundamental rights (art. 2, 3, 32, 29, 30 etc.) Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  2. International Conventions/Treaties/Charters • Art. 25 Universal Declaration of Human Rights • Art. 31 European Social Charter • European Convention of Human Rights (ECHR) • European Charter of Fundamental Rights (art. 34) • Art. 6 EUT No vertical harmonization; ‘diagonal’ effects of EU law on housing policies (ex.: freedom of movement, non-discrimination) Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  3. A) Right to Housing: Judicial Enforcement • Constitutional Court n. 404/1988: Unconstitutionality of art. 6 L. 392/1978 • Cassazione n. 14343/2009: is a clause of a tenancycontractprohibiting to hostpeopleotherthanmembers of the family void? Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  4. B) Rental Market PoliciesRental Affordability as Emergency • •1. Historical Background: • a) Home ownership favor legis • •High home-ownership rate: 70% • •Reasons: Speculative bubble (1997-2008); Political choices – recent examples: housing taxation • b) Decreased investments in public housing since • 1980 • c) Liberalization of the rental market since 1998 • (Lease Act): free market rents, or, AS AN • OPTION, ‘fair’ rents negotiated by the most • representative landlords and tenants associations • increase of market rent levels : 1993-2008: + • 56% ; •2002-2012: + 130 % Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  5. 2.Effects of the crisis • a) Crisis of the housing market: • –Drop in housing sale transactions: - 30% • –Drop in sale prices: -25% • –Drop in loan transactions • –Introduction of a new heavy housing • tax (2012), abolished in 2013, reintroduced in 2014 Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  6. 2. Effects of the crisisb) Crisis of the Rental Market • Crisis of the rental market: • -Drop in rents (-3,6% per year), however no • collapse as sale prices; • -High rate of vacant dwelling (7,5% of the total • number of private residential tenures) • - 2011: new rent tax (fix rate instead of • proportionate to the personal income burden). • favourable for high-income owners • •Drop in rental transactions: - 30% in 2012 • •Increase of eviction notices: + 60% in 2007- • 2012 • •Increase of squattings (+ 30 000 in 2012-2012 • in Rome) Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  7. 3. Recent measures to cope with the crisis • •Loan subsidies (around 2,5 billion euros); • •National rent supplement scheme (about 60 • million euros in 2014-2015); • •Subsidies for innocent tenants in arrears • (about 40 million euros in 2014-2015) living in • densely populated municipalities; • •Suspension of eviction procedures in densely • populated municipalities up to 31.12.2014 Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

  8. 4. Home subsidies: short term and long term perspectives • Baldini and Poggio Housing Policy toward the rental • sector in Italy, (2010): rent supplement scheme more • efficient and better targeted than social housing • Critical remarks • Short term perspective: money allowances grant • immediate relief to low-income households • Long term perspective: • Subsidization of landlords; keeping up market rents • Alternative suggestion: better mixture among home • ownership, social housing, private rental sector Fundamental Rights and Private Law after the Lisbon Treaty Summer School 2014

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