The right to housing in act 12/2023: a right that can be exercised before the public authorities or a false hope?

Abstract

Housing is currently the issue of greatest concern to Spanish society. It is one of the most sensitive issues for the most disadvantaged people, who face almost insurmountable obstacles to integration. The right to housing is a constitutional right that needs to be legally defined, hence the importance of its proper implementation. Added to this is the fact that, in this area, the division of powers between the State and the Autonomous Communities is confusing due to the intersection and cross-cutting nature of principles and rights in conflicts. We wonder whether, with the Act on the Right to Housing, the State and the Autonomous Communities have been able to adopt an effective public housing policy.