The Generalitat proposes that eviction procedures have to be temporarily suspended if the social services prove a situation of vulnerability of those affected, according to what has been advanced The newspaper and has been able to confirm the agency ACN.
They evict in Barcelona a vulnerable family from the apartment where they had lived for 20 years
This proposal is included in the draft of the new protocol on evictions drawn up by the Generalitat and that would have to replace the one currently in force, published in 2013. The Superior Court of Justice of Catalonia (TSJC) asked to postpone the debate on this renewal of the document by the legislative changes in the pandemic context. The new text also includes the creation within the Mossos d’Esquadra of the Central Unit for Intervention in housing conflicts.
The concrete proposal that when justice believes that a situation of vulnerability may occur, it will have to communicate it to the social and housing services. Social Services will evaluate the situation of risk of social exclusion of the occupants and will issue, if necessary, the vulnerability report.
In this case, the competent bodies will have to initiate a mediation procedure between the owners and the occupants as well as verify compliance with the necessary requirements to obtain a favorable resolution from the emergency desk. The text specifies that as long as these two interventions are not closed, the judicial proceedings “have to be suspended.”
The text also proposes the creation of an electronic registry or platform that facilitates joint and coordinated management and information among all the parties involved. It specifies that it must be the Department of Justice that implements this digital platform, in collaboration with the Ministry of Justice and the General Council of the Judiciary (CGPJ).
The proposal also points out that when the execution of the launch foresees the need for police accompaniment, this need must be notified as soon as possible so that the provision of police resources can be “adequately” planned. This judicial communication must be “homogeneous” in all judicial parties.
In addition, it proposes the creation of a specific unit on housing disputes within the body of the Mossos d’Esquadra and the development of two internal work procedures: one for police action against the occupation of buildings and a second for evictions. He adds that the Department of the Interior also has to be in charge of the audit proposal on the application of internal work procedures in evictions.
In addition, the creation of a mixed body for monitoring and control of the execution and application of the protocol and for the resolution of administrative disputes is proposed. This commission would have to meet regularly every six months.
A postponed debate
The president of the TSJC, Jesús M. Barrientos, signed an agreement last October through which he postponed the debate on the drafting of the new protocol. Barrientos specified that, given the current situation of “detailed positive regulation” of the matter and taking into account that the regulations are in constant reform and evolution, it was “prudent” not to advance in the drafting of a new text. The Generalitat then requested a meeting with Barrientos to discuss the renewal of the text.
On January 21, the Monitoring Commission for the launch proceedings protocol of the judicial parties of Catalonia met for the first time. From that telematic meeting it was concluded that the protocol would be updated integrating the departments of the Interior, Territory and Sustainability and the general direction of Social Affairs. It was also agreed to promote institutional cooperation so that information reaches more easily both the Mossos d’Esquadra and social services.