スペインの住宅ローン未払いによる立ち退きの問題で、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のを、やっとこさ、法律改正
ANÁLISIS
Llegar a tiempo
Los ciudadanos ven en el clamor popular la mejor defensa de los derechos civiles y sociales
Violeta Assiego Cruz 16 MAR 2013 - 14:29 CET
ANALYSIS
Be on time
Citizens see the outcry the best defense of civil rights and social
Assiego Violeta Cruz 16 MAR 2013 - 14:29 CET
Not a good sign that the defense of civil rights, social and economic pace dial the outcry and judicial decisions. Parliaments are-not-the courts must ensure that in the first instance by the needs and rights of its citizens. In Spain, according to the poll by Metroscopia, citizens do not trust the government (87%) to defend their interests if need cross a situation similar to that of people who are involved in a process of eviction. Again, the main opposition party (86%) or the other political parties (72%). Yes rely, instead, on the Platform of People Affected by Mortgage (81%) and NGOs (76%). And although it was a judge who has risen to the Court of Justice of the European Union the two questions on mortgages and foreclosures, and whose resolution requires modifying the current Spanish law, the trust of the citizens (47 %) for judges and prosecutors seem to fall into no man's land, and is counsel (for 75%) the key figure to defend their interests in court eviction process.
The historic decision of the court of Luxembourg is an important step in the preventive suspension of evictions and culture change that must occur within financial institutions. However, deprotection of mortgagor still unresolved. The judgment is clear as far as regards unfair, but says-because that was not the merits of the case, the direction to be followed in other bad banking practices, such as the valuation of assets, the requirements in lending or loan monitoring process.
The mortgage-reform process that almost immediately be adopted at the Congress of Deputies, arrives in time to collect these and other substantive issues contained in the numerous amendments made to the bill. The accord and satisfaction is one of the measures proposed and supported not only of almost a million and a half signatures that endorsed the popular initiative which is collected, but 90% of citizens, as collected in another poll of Metroscopia for this newspaper.
The longer it takes to adequate protection of the mortgagor greater discussion on the scope of the retroactive effect of judicial decisions that are taken. In this regard, 93% of the Spanish view that evictions should be reviewed and implemented to consider whether there has been illegal actions that must be repaired. Undoubtedly, it is late but on time. A time to recover, at least, the confidence of the citizens and not just the market.
Violet is a lawyer and coordinates Assiego studies Discrimination, Poverty and Social Exclusion in Metroscopia. On Twitter @ Vissibles
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