The plenary session of Spain's Constitutional Court on Monday dismissed an unconstitutionality appeal filed by the government of the Community of Madrid, led by Isabel Díaz Ayuso. The ruling recognizes that the central state has the authority to regulate the fundamental aspects of the right to housing. The judgment, against which five judges filed dissenting opinions, is expected to compel the Madrid autonomous community to implement the housing law. The central government, through Minister Isabel Rodríguez, has already demanded that Madrid authorities cease "suspicious actions" blocking the law and implement it immediately.

Defeat for Isabel Díaz Ayuso

Spain's Constitutional Court rejected the Madrid authorities' appeal, finding the housing law constitutional. The ruling represents a defeat for the community's president, Isabel Díaz Ayuso, who repeatedly challenged the state's right to intervene in the local housing market.

Political Commentary

The ruling was passed by the progressive majority on the court bench, with all five conservative judges uniformly opposed, highlighting the deep political division surrounding this case. The dissenting opinions contest the judgment's premises.

Law Implementation Requirements

The Court confirmed the state's right to define housing as a subjective right and determine its beneficiaries, to ensure equality in its exercise across the country. The law also includes the right to housing for foreigners.

Central Government's Reaction

Minister Isabel Rodríguez called on Madrid authorities to implement the law immediately and cease attempts to "throw a spanner in the works" of the government. The central government identified Madrid as an area of "high tension" in the housing market.

Spain's Constitutional Court has resolved a long-standing jurisdictional dispute over the right to housing in favor of the central state. On Monday, February 24, the court's plenary session rejected an unconstitutionality appeal filed by the government of the Autonomous Community of Madrid, led by Isabel Díaz Ayuso of the People's Party (PP). The appeal concerned key provisions of Housing Law 12/2023 from May 2023. The judges ruled that the Spanish state has constitutional powers to regulate the fundamental aspects of the right to housing, including defining it as a subjective right and determining its beneficiaries nationwide. Jurisdictional disputes between the central government and autonomous communities, such as Madrid or Catalonia, have been a constant feature of Spanish political life since the adoption of the 1978 Constitution, which established a quasi-federal state model.The Court found that the purpose of such central regulation is to ensure equality in access to housing for all citizens, regardless of region. Significantly, the ruling also allows for the extension of this right to foreigners, which falls within the state's competence to regulate the legal status of foreigners. The judgment was not unanimous – five judges filed dissenting opinions. As reported by eldiario.es, the vote reflected the political division within the court: the progressive majority voted to dismiss the appeal, while all five conservative judges were opposed. The Madrid government argued in its appeal that the contested provisions violated its exclusive powers in housing and urban planning, guaranteed in Article 26.1.4 of its Statute of Autonomy. This is the fourth Constitutional Court ruling on the constitutionality of this housing law, highlighting its controversial nature. The direct consequence of the judgment is the obligation for Madrid authorities to implement the law. The central government, represented by Minister Isabel Rodríguez, immediately demanded that the community authorities fulfill this obligation. The minister called on them to abandon attempts to "throw a spanner in the works" (Spanish: "zancadillear") of the central government and pointed out that Madrid is a region with an "exceptionally tense" housing situation requiring urgent intervention. This dispute is part of a broader conflict between the left-wing government of Pedro Sánchez and the conservative authorities of Madrid, who frequently oppose central social and redistributive initiatives.

Mentioned People

  • Isabel Díaz Ayuso — President of the Autonomous Community of Madrid, leader of the People's Party (PP), who challenged the housing law before the Constitutional Court.
  • Isabel Rodríguez — Minister in the Spanish government, who publicly demanded that Madrid authorities implement the housing law following the Court's ruling.