Should mediation be compulsory?
Newspaper article authored by Emma López in Diari de Tarragona, 20.1.2019.
Journal of the UNESCO Housing Chair
The 10th issue of the journal Housing has been published. https://housing.urv.cat/en/cover/research/newsletter/
Loss of homes and evictions across Europe
The loss of a home can lead to major violations of a person’s dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.
With contributions from experts across Europe, the chapters provide an assessment of eviction procedures in 11 jurisdictions, including Germany, France, Spain, the Netherlands and the United Kingdom. Each chapter examines a number of factors relating to evictions in the respective jurisdiction, such as, the human rights and legal framework, nature and extent of evictions taking place, risk factors leading to evictions and relevant best practice guidance. All together, this book will make a significant contribution to the understanding of the similarities
Dr. Elga Molina publishes a proposal to amend housing tenancies according to the European systems
The researcher of the UNESCO Chair of Housing of the URV Dr. Elga Molina Roig publishes her doctoral thesis “A new regulation of housing tenancies in a European context”. This book undertakes a critical study of the current housing tenancy contract in Spain and proposes a new regulation, which is considered essential to correct the existing dysfunctions in the rental market (lowest rate in Western Europe, wide black market, unaffordability) and, in particular, to turn the tenancy tenure into a real alternative (and not merely frictional) to homeownership as a way of access to housing. The functional model that we propose pursues, on the one hand, stability (fostering open-ended contracts), affordability (promoting referenced rent systems) and flexibility (facilitating withdrawal and sublease rights) of the tenant. On the other hand, it seeks profitability (referenced rent systems at market prices), guarantees and security (deposits, guarantee insurances or a possible legal pledge) of the landlord. To this end, the historical law, positive law and comparative law of countries with the lowest (Greece, Portugal, Italy, Malta and Spain) and the highest rental rates in Europe (Germany, Switzerland and Austria) are considered. In addition, and in order to reinterpret these regulations according to the right to housing, we have analysed the reasonableness and proportionality of the proposed measures to seek a balance between the rights and obligations of the parties.
Dr. Xerri involved in the reform of urban leases in Malta
Kurt Xerri, a PhD graduate of the Housing Chair, has recently been involved in the drafting and publication of the White Paper on the Regulation of the Private Rented Sector in Malta. This project was conducted by the Parliamentary Secretariat for Social Accommodation of the Republic of Malta.
The White Paper entitled “Renting as a Housing Alternative” is the elaboration of the main conclusions of Dr. Xerri’s doctoral thesis, which was presented to the Universitat Rovira i Virgili in April of 2017. Following the Consultation process, the document will serve as the basis for the enactment of a legislative act regulating private leases in Malta.
https://meae.gov.mt/en/Public_Consultations/MFSS/Documents/White%20Paper%20Booklet.pdf
Publication of the book “A new legal regime of urban leases for Catalonia to facilitate access to housing”
Prof. Dr. Sergio Nasarre Aznar, Dr. Héctor Simón Moreno and Dr. Elga Molina Roig have co-directed the book “Un nou dret d’arrendaments urbans per a Catalunya per a afavorir l’accés a l’habitatge” (Atelier, 2018) (A new legal regime of urban leases for Catalonia to facilitate access to housing), in which other researchers of the Chair have also been involved. This work is the result of seven years studying and comparing the tenancy regimes of the 28 member countries of the European Union, and proposes a model of urban leases based on the one followed by our three neighbouring countries with the highest tenancy rate (Germany, Switzerland and Austria). This model served as the basis for the guidelines of a working group set up by the Secretariat of Housing of the Generalitat of Catalonia during the years 2016 and 2017, and now has the opportunity to support a new legal regime of urban leases that, taking into consideration the interests and the rights of the two parts of the contractual relationship, can facilitate access to this land tenure and make it a real alternative to homeownership.
Prof. Estela Rivas contributes to the book “Financial and Tax Aspects of Real Estate”
Prof. Estela Rivas has contributed to the book “Financial and Tax Aspects of Real Estate”, led by Prof. Gemma Patón of the University of Castilla-La Mancha (published by Wolters Kluwer). In the chapter entitled “Collaborative economy in the housing sector: participatory real estate financing platforms”, Prof. Rivas analizes real estate crowdfunding.
Sergio Nasarre has been appointed member of the Advisory Board Editorial pf JPPEL
Prof. Dr. Sergio Nasarre has been appointed member of the Advisory Board Editorial of the prestigious international Journal of Property, Planning and Environmental Law (JPPEL) (previously International Journal of Law in the Built Environment). The magazine is indexed, among others, in SCOPUS. You can find all the information about it in http://emeraldgrouppublishing.com/products/journals/journals.htm?id=jppel
The UNESCO Housing Chair contributes to the book “Tenancy Law and Housing Policy in Europe Towards Regulatory Equilibrium”
Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book, (edited by Christoph U. Schmid, Centre of European Law and Politics, Bremen University in Germany) fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.
To see more here.
