CDS and PSD ask the Constitutional Court to enforce tenants' preemptive rights law – Jornal Econômico

CDS and PSD ask the Constitutional Court to enforce tenants' preemptive rights law - Jornal Econômico


CDS and PSD will demand a successive review of the constitutionality of the tenants' right of pre-emptive right, which the President vetoed in August, and later amended in parliament by the left, parliamentary sources told Lusa. The announcement will be made at a press conference in the Assembly of the Republic by CDS parliamentary leader Nuno Magalhães and António Costa Silva, vice chair of the PSD bench.

The request for successive supervision of a law does not prevent its entry into force, which in this case happened on Tuesday, and the judges of the Constitutional Court have no time to take a decision, although there is an indicative period of two years. As the CDS has 18 Members, less than the minimum of 23 to make the request, the PSD has joined signatures and will be the two parties requesting the judges to examine the new law, in this case, Article 1091 (8) Civil Code.

According to the parliamentary sources contacted by Lusa, both parties consider that, regardless of whether housing is a constitutional right, the law may violate the guarantee of private property, the principles of proportionality and the right to fair compensation.

The decree guaranteeing the exercise of pre-emption rights by tenants in the transmission of housing, introducing amendments to the Civil Code, was published in the Diário da República newspaper on Monday and entered into force on Tuesday. The new law, which aims to "effectively exercise preemptive rights by tenants in the alienation of the leased," was promulgated by the President of the Republic on October 12, after the presentation of a second version of the decree by the parliament following the veto the first version in August.

The second version of the law was approved on September 21 by the Assembly of the Republic, with PSD and CDS-PP votes against and in favor of PS, BE, PCP, ENP and PAN, introducing PS and PSD proposals regarding the requirement of "premises leased for more than two years", so that the tenants may exercise preemptive rights in the case of purchase and sale or disposal of the dwellings.

The initial diploma, which received the presidential veto, eliminated the duration of the lease as a requirement for the exercise of pre-emption rights by tenants in the transmission of housing, whereas until now the criterion of "premises leased for more than three years" . The legislative changes on the tenants preference exercise apply only to rental for housing purposes and with the same conditions for buildings not constituted on horizontal property.



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