On September 14, 2022, the Spanish Socialist Workers Party (PSOE) registered an amendment to the Criminal Procedure Law (LECrim). With this proposal they intend to speed up the evictions of illegally occupied properties. The idea is that the judges can order the squatters to leave within a maximum period of 48 hours.
All this is part of a new 2022 squatting law that aims to activate more effective and faster measures to attack one of the most entrenched problems in all of Spain: illegal occupation. At first glance, the amendment proposed by the PSOE sounds very good, but by carefully examining its small print, it is easy to see that it will hardly change anything.
The amendment presented by the PSOE emphasizes the need to shorten the terms related to the eviction of squatters. In the words of Patxi López, spokesperson for the party, 'it serves as a response to a question raised by many people and entities, such as city councils and mayors'. What exactly does this measure consist of?
What the socialist party is proposing is a modification of article 544 of the Criminal Procedure Law to evict illegal occupants in just two days. Thus, the judge may agree to the eviction with reasons from the moment the owner denounces the squatting or the police report arrives. The reform introduced in the Civil Code in 2018 allows you to vacate the property in five days; the PSOE's amendment seeks to shorten that term.
All of the foregoing may be done without the need to provide security and provided that the squatters are unable to present a legal title that legitimizes their permanence in the property. The amendment also emphasizes the duty of public administrations to provide residential solutions to squatters who are in a clear situation of vulnerability.
As another measure to speed up the eviction process, the PSOE also proposes that the crime of trespassing be dealt with by the Criminal Courts, and not by a jury court. The reason? The duration of the procedure by jury court usually lasts up to 21 months, while, in a Criminal Court, the process is reduced to about 13 months.
Now, it is convenient to review some aspects of the illegal occupation that, for the moment, are being left aside in the PSOE proposal. Those who speak out against the new squatting law emphasize that it does not include the problem of squatters. In addition, it is still difficult to identify false vulnerabilities, so meeting the proposed 48-hour deadline will be mission impossible.
In the first place, the PSOE proposal focuses solely on cases of 'trespassing and illegal occupation of real estate'. Although there are two important categories around the squatting problem, the reform does not seem to indicate anything in relation to the inquiokupas. How serious is this problem?
The inquiokupas are those tenants who stop paying rent and refuse to leave the house. According to the Platform of People Affected by Occupation, 70% of all squatting cases are grouped under this modality. This means that more than half of squatters will not benefit directly from the new law.
Another problem that weakens the effectiveness of the new law proposed by the PSOE has to do with the false vulnerable. From the outset, the Socialists have clarified that these evictions will not affect people in vulnerable conditions. What does this mean? Well, if a minor or a person with a disability resides in the home, they cannot be evicted within 48 hours.
The detail is that most of the squatters declare themselves to be vulnerable people, even though they unofficially earn more money than many. Only, since they work in the black (without declaring anything at all), there is no way to check it. Therefore, identifying the vulnerable squatters from the non-vulnerable is (and will continue to be) a problem.
In relation to the previous point, identifying false vulnerabilities is a process that can take more than 48 hours. On the one hand, it is not clear whether it will be the court or the agents during the launch who will determine the vulnerability of the squatters.
If this work is left to the court, the eviction process may not last 48 hours.
On the other hand, to prove the vulnerability it is necessary to present a set of documents that cannot be obtained overnight. In addition, time is also needed to review all the evidence, listen to statements and write reports. Without a doubt, it is clear that much remains to be clarified regarding the efficiency and viability of the new law proposed by the PSOE.
