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Basque nationalist party PNV has proposed a swift legal change in Spain's Congreso that would allow the courts to order evictions within 48 hours in cases of squatters occupying other people's homes. The proposal has been registered as an amendment to the bill derived from a decree on urgent measures regarding the judiciary, civil service and local government. For the time being, a date has not been set for the debate on the bill or its amendments.
The amendment, to which this newspaper has had access, seeks to modify Spain's Criminal Procedure Act (LECrim) to introduce a new article authorising, in cases of the crime of occupation of a dwelling (article 245 of the Penal Code), a judge or court to adopt "the measure of eviction within a maximum period of 48 hours from the request for precautionary measures by the person who is the owner or legitimate possessor by another title, without the need to provide security, as long as, once the occupants of the property have been summoned, they do not show the legal title that legitimises their stay" in the property, according to the text registered on 6 March.
The Basque nationalists argue for this modification on the grounds that "social reality shows that squatting in properties causes obvious harm to their owners", as well as damaging the environment by causing "problems of coexistence", fire risks and a "gradual degradation of the urban environment or devaluation of nearby properties".
In addition, they warn against "certain groups operating clandestinely" that obtain economic benefits from squatting by using people in situations of need and demanding compensation from the owner. In their opinion, "none of the legal channels currently provided for criminal proceedings to seek the eviction of squatters is fully satisfactory and, in any case, they are temporarily delayed, with the consequent harm to the legitimate owners of the property, who are in many cases also in a difficult economic, personal or family situation".
This proposal is in line with the 'anti-squatting' law that proposes evictions within 24 hours and which was approved in the Spanish upper house (Senado) by the majority of the conservative PP, with the support of hard right Vox and the abstention of PNV and Catalan party Junts.
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