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- Title
EL EXAMEN DE PROPORCIONALIDAD DE LOS DESALOJOS FORZOSOS Y SU RECEPCIÓN EN EL ORDENAMIENTO ESPAÑOL.
- Authors
MACHO CARRO, ALBERTO
- Abstract
This paper aims to provide an account on the emergence, development and scope of the doctrine of the European Court of Human Rights on forced evictions, as well as its incipient jurisprudential and legislative reception in our legal system. Specifically, the study focuses on the power of those at risk of losing their home to demand a proportionality assessment of the measure by an independent tribunal, analysing the requirements that should make up this examination and the limits of its horizontal effect. Finally, the paper covers the reception of the protection against forced evictions in the case law of the Constitutional Court and the Supreme Court, as well as in the Draft Law on the Right to Housing.
- Subjects
EUROPEAN Court of Human Rights; CONSTITUTIONAL law; HOUSING laws; JUSTICE administration; CONSTITUTIONAL courts; APPELLATE courts
- Publication
Revista de Derecho Politico, 2023, Issue 116, p297
- ISSN
0211-979X
- Publication type
Article
- DOI
10.5944/rdp.116.2023.37161