Una inaplazable respuesta integral a la ocupación ilegal

Abstract

The exponential multiplication that the illegal occupation of properties has experienced in recent years has raised a growing alarm that requires, logically, a battery of protective measures that strengthen the protection of the right to property. This context requires an approach to the core of this right, perhaps emptied of content by the intensity of the parasitic practices protected around the right to decent housing, since it is unquestionable that these unjustified attacks have ended up undermining its foundations. Therefore, a change of course is urgently needed to banish once and for all the decriminalization of these acts tolerated by a lax approach in which forceful reproach has always been avoided. Precisely, recently, a legislative initiative has been registered in parliament that offers a set of policies that entail a change of lege ferenda. In a prospective key, the Barcelona Bar Association has also presented a proposal that seeks a regulatory shift, to which a good part of the consolidated doctrine is added (ad. ex., the eminent civil lawyer Matilde Cuena Casas). This article analyses the judicial aspects of the matter and proposes legislative measures.