The case law of the Court of Justice of the European Union and the Spanish Supreme Court supporting the urban planning regulation of tourist housing in protection of the right to housing

Abstract

The analysis considers the possible negative externalities that tourist housing can cause both in the urban fabric and in the existence of affordable housing, which justify public intervention. The study analyzes what kind of regulations could be the most effective in this area, after finding that reputational mechanisms are insufficient. The possibility of a regulation protecting stable housing and avoiding segregation has been pointed out in relation to the city of Paris in a relevant judgment of the Court of Justice of the European Union of September 22, 2020. The Court stated that the fight against the shortage of long-term rental housing and in favor of social mixing constitutes an overriding reason of public interest justifying national legislation in accordance with EU law. As a result of this judgment, several SSTS have been handed down in Spain reaffirming what was held by the CJEU. The analysis is based on the movement to improve EU regulations, using Catalonia and, specifically, the city of Barcelona, whose Special Urban Plan for Tourist Apartments has been endorsed by the Spanish Supreme Court, as a case study.