Setback for Evictions: Senate Blocks Fast-Track Procedures Against Squatters

Overview of the Legislative Setback

Spain has encountered a significant setback in its fight against illegal housing occupation as the Senate recently vetoed a crucial law intended to fast-track the eviction of squatted homes. This law, originally passed by Congress in November, was designed to simplify the eviction process by significantly shortening the time courts need to handle squatting cases. However, the veto by the People's Party, which holds a majority in the Senate, was based on concerns over poor drafting and the inclusion of numerous unrelated amendments, thus sending the legislation back to Congress for further deliberation and adjustments. We have already written about this amendment to the law which was a step forward in the fight against squatters in Spain.

Detailed Aims and Contents of the Rejected Law

The primary aim of the rejected law was to expedite the legal proceedings in cases of trespass and squatting. By proposing amendments to the Criminal Procedure Law, the government sought to decrease the resolution time from months to just a few weeks, allowing judges to issue eviction orders more promptly. Beyond the focus on squatting, the legislation also included broader changes such as ending the Golden Visa program and modifying labor laws, which contributed to the Senate's decision to reject the entire package. These additional provisions, though well-intentioned, added complexity to the bill and influenced the overall decision to veto.

Legal Distinctions and Implications of the Senate Veto

In the context of Spanish law, the distinctions between trespass and squatting are significant and bear direct consequences on the legal actions that can be taken. Trespass involves forcibly entering someone’s primary or secondary residence and is treated as a more severe offense, often allowing for swift police intervention, particularly if the squatters have been present for less than 48 hours. In contrast, squatting typically entails occupying a property that isn’t the primary or secondary residence of an individual, categorized as a less severe crime that generally requires a judicial eviction order. The Senate's veto not only impacts property owners, who will continue facing lengthy legal processes in cases of illegal occupation but also stalls a broader legislative agenda that includes labor reforms and immigration policies. Lawmakers are now forced to revisit the drawing board to address these issues comprehensively.