Derecho a la vivienda y ordenación del mercado del alquiler turístico en la Unión Europea: comentarios a raíz de la Sentencia Cali apartments y su recepción en España
The Court of Justice of the European Union, in its Cali apartments judgment, has recognised the possibility for Member States to regulate the tourist accommodation market in order to try to guarantee the right to housing for their citizens. In this sense, the fight against the shortage of housing ma...
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| Format: | Article |
| Language: | Spanish |
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2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8208284 |
| Source: | Revista de estudios europeos, ISSN 2530-9854, Nº. 79, 2022 (Ejemplar dedicado a: III Congreso Internacional de Jóvenes Investigadores sobre la Unión), pags. 668-686 |
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| Summary: |
The Court of Justice of the European Union, in its Cali apartments judgment, has recognised the possibility for Member States to regulate the tourist accommodation market in order to try to guarantee the right to housing for their citizens. In this sense, the fight against the shortage of housing may be considered as a reason of general interest to justify the imposition of strict authorisation regimes for the provision of a service which, in principle, should be freely exercisable. Furthermore, the judgment provides local authorities with a wide leeway to shape these restrictions of the freedom to provide services, as it understands that they are the public authorities best placed to assess and respond to the impact that this type of services may have on the supply of rental housing in their own territories.
The Supreme Court has already made use of this doctrine to confirm the legality of the strict requirements imposed on the establishment of tourist accommodation by the city of Bilbao through its urban planning powers, on the understanding that it has as clear democratic legitimacy to do so.
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