A vueltas con el derecho a la vivienda y la normativa actual que lo regula: Breve revisión de ciertas cuestiones y algunas consideraciones críticas

The right to housing involves multiple heterogeneous aspects come together without whose joint observation neither the relevance nor the essential content of the right to housing can be fully understood, but which, without a doubt, also allow us to gauge the complexity of the phenomenon. that they integrate. In this area, it should not be ignored that the demarcation of the right to property, based on its social function, finds as a limit the essential content of the right, already specified by the TC and which will be specified again when resolving the pending appeals against Law 12/2023, presented by the Executive as a panacea to solve the problem of the right to “decent and adequate housing” that the EC recognizes in its article 47. But reality shows that intervening, as intended, in the real estate market is not the ideal way to solve the problem and, in the face of the argumentative confrontation with ideological background that concerns us, the most authoritative doctrine defends the need not to limit prices and to renounce to the imposition of regulations that strain the scenario, causing a constrained, extremely regulated and markedly punitive market. This paper offers a brief overview of some of the issues surrounding the right to housing and the current regulations governing it. It also presents critical reflections on problems that, unfortunately, seem likely to persist without resolution, to the detriment of those who continue to face restricted access to housing—in short, the most vulnerable.