The Spanish Constitutional Court declares certain squatter-protection rules in Catalonia null

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On 28 January 2021 the Spanish Constitutional Court published a ruling that declares null several articles of the DL 17/2019 on the basis, among others, that annulled provisions affect basic elements of the constitutional right to private property. The Court also considered the breach of article 86.1 of the Spanish Constitution that prevents from using a decree law (instead of a law) to affect the property (ownership) constitutional right. In this briefing, we summarize the main provisions of DL 17/2019 that have been declared null and, therefore, are no longer effective, affecting to measures regarding dwellings and vacant residential units.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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