Access to housing, gentrification and imposition of restrictions on the acquisition of property by non-Spanish residents
Its possible justification for legitimate reasons of public interest and its compatibility with EU law
DOI:
https://doi.org/10.18042/cepc/rdce.78.04Abstract
The initiative approved in 2022 by the Parliament of the Balearic Islands, which called for the approval of a law aimed at restricting the acquisition of real estate in the territory of the Balearic Islands to non-Spanish residents or residents with a minimum residence of five years, as well as the existing initiatives in this same sense in the Canary Islands and in other countries of the Union such as France, Italy or Portugal with the aim of stopping real estate speculation and facilitating access to housing by residents in the territory, raises whether these initiatives are compatible with Union Law to the extent that they entail, among others, a violation of the free movement of capital. The objective of this study is to analyze whether, in accordance with European Union Law and the jurisprudence developed by the CJEU in relation to the exceptions to fundamental freedoms and with the possible concurrence of considerations related to the protection of legitimate public interest, it is feasible that, in order to guarantee access to decent housing, different territories of the Union subject to strong real estate pressure restrict the purchase of properties to non-residents.
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