The plenary session of Spain's Constitutional Court has rejected an unconstitutionality appeal filed by the government of the Community of Madrid, led by Isabel Ayuso, against key provisions of the housing law. The ruling, adopted by a majority vote, confirms the central government's authority to define fundamental aspects of the right to housing to guarantee its equal implementation across the entire country. Five conservative judges filed dissenting opinions.
Recognition of State Authority
The Constitutional Court ruled that central authorities have the right to define the right to housing as a subjective right and specify its beneficiaries.
Madrid Community's Appeal
The appeal was filed by Madrid's Consejo de Gobierno, led by Isabel Ayuso, against Law 12/2023 of May 2023.
Conservative Dissenting Votes
Five judges with conservative views opposed the ruling, showing a deep division within the court's composition.
The plenary session of Spain's Constitutional Court issued a key ruling in a jurisdictional dispute between the central government and the autonomous community of Madrid. The court rejected an unconstitutionality appeal filed by Madrid's Consejo de Gobierno under the leadership of Isabel Ayuso. The appeal concerned selected provisions of Law 12/2023 of May 24, 2023, the so-called housing law. The court ruled that the state has the right to regulate fundamental aspects of the right to housing to ensure its equal implementation across the entire national territory. The reasoning emphasized that central authorities can define housing as a subjective right and specify the circle of its beneficiaries.
The ruling was adopted by a majority vote but prompted opposition from five judges with conservative views, who filed dissenting opinions. This decision is the fourth ruling by the Court on the constitutionality of this law, highlighting its controversial nature and political significance. The jurisdictional conflict between the central government and autonomous communities, especially those governed by the People's Party, intensified after Pedro Sánchez came to power in 2018 and later formed a minority coalition. The housing law was one of the key projects of his left-wing government, aimed at combating high rental and property prices. The case became a symbolic arena for the dispute between the left-wing central government and the region's conservative authorities.
The Court's decision significantly strengthens the central government's position in housing policy and limits regional resistance to national regulations. It also represents a legal setback for Isabel Ayuso's strategy, who led the opposition against this law. The event fits into the broader context of institutional tensions in Spain, where the division of powers between the state and regions remains a live topic of legal and political disputes. The impact of the ruling on the practical implementation of the housing law in Madrid will require observation.
Mentioned People
- Izabela Ayuso — President of the Autonomous Community of Madrid, leader of the Spanish People's Party in the region.