スペインの住宅ローン未払いによる立ち退きの問題で、1993年の欧州委員会の消費者保護法は、スペインでは適用されず、20年間に渡り銀行や信用金庫の住宅ローンの不当な限度を越した消費者に不利な契約が行われてきた、政治家の庶民とは掛けはなれた暮し、身分のせい?
ANÁLISIS
Sentencia, ‘escraches’ y burbuja
La sociedad percibe que los desmanes de bancos y, sobre todo, cajas van quedando impunes
José Juan Toharia 16 MAR 2013 - 14:19 CET
ANALYSIS
Judgment, 'escraches' and bubble
Society perceives that the excesses of banks and, above all, boxes are left unpunished
Jose Juan Toharia 16 MAR 2013 - 14:19 CET
In November 2012, a survey of Metroscopia for this newspaper, 95% of Spanish people and the government demanded urgent changes to existing mortgage legislation. Not without reason: 91% thought that too often abused by financial institutions of good faith and lack of legal awareness of people into signing mortgages with abusive conditions, hence, 91% concluded that the role of judges could no longer be implemented without the actual mortgage legislation, but try to protect from abuse the weaker party, and, in addition, 96% blamed the Bank of Spain have not watched more closely how they were made and granted certain mortgages. The judgment of the Court of Justice of the European Union last Thursday, which has been, in general, to support this citizen unrest, is seen by 61% as a setback that discredits Spain. Probably because they have had to take two decades for our country to be accorded formal and unfailingly cognizance of a European regulation of consumer protection is in force since 1993!
Our data certainly mortgage law "from time immemorial", as said, but the problem seems to lie not so much in this dilapidated obvious as in the long and widespread official tolerance of the increasingly abusive adhesions, in the form of clauses in small print with which financial institutions have been fattening our mortgages. Certainly, should nuance-not always and not all, but enough, and yes often enough now to set your social image is severely damaged. As our society has the feeling (collected from multiple surveys) that the excesses of banks, especially banks, are tending to go unpunished, not surprising unanimity that now calls for the European setback applies not only key of present or future, but retroactively. Certainly something as complex as delicate but clearly expresses the social anxiety that financial institutions are required to repair any atoning.
In the same key fill and liability claims can be understood the massive public support (89%) to the campaign "escraches" announced by the Platform of People Affected by the Mortgage, which is to press (which means peaceful and politely) to members through letters, messages and concentrations, to support the mortgage Popular Legislative Initiative. In political systems different from ours (as, paradigmatically, American) pressures of this or very similar type of senators and congressmen are the order of the day. Certainly, the line between permissible pressure and unacceptable coercion can be very subtle and fragile, but these reactions citizens, by concern that may be, are understandable when political career depends directly on its history making. In our political system representatives and senators living in comfortable anonymity decision making: nobody keeps track (and, on the other hand, sees no more useful to do so) who votes for or against this or that legislative proposal.
The iron discipline of voting is to exempt all her subjects of individual responsibility for the resulting decision (except in the rare occasions that permit freedom of vote). And that is what this novelty of "escrache" aspires to achieve in the subject mortgage: the conscience vote, meaning that each deputy or senator acting like I should give an account of their actions to the voters, and not their team leader. That something so alien to our political uses, which is so hard transplantable to our current political mechanism that involves both risk and potential to lead to unacceptable situations (and even criminal) of harassment, regardless of the undoubtedly sincere intention of its proponents is supported by nine out of ten Spanish should be understood as a sign of extreme degree is achieving detachment, disconnection and distrust of the public about their legitimate representatives. The Spanish is so willing, somewhat desperately, to endorse strategies that at least be considered unorthodox in case that was the way to prick the bubble in which they perceive their politicians locked and make aterriicen finally in Common ground hard everyday reality.
Jose Juan Toharia, Professor of Sociology, is president of Metroscopia.
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