Eviction block, now there is the date: that’s when it will end

Eviction block, now there is the date: that’s when it will end
Eviction block, now there is the date: that’s when it will end

December 31, 2021 will be the last available date for the extension of the blocking of evictions for arrears, ordered by the legislator with the aim of managing the exceptional situation that has arisen with the Coronavirus pandemic: this at least according to the sentence pronounced today by the Constitutional Court.

By the end of the year, therefore, the much discussed block on evictions should end, explain the Ermellini, “without the possibility of further extension, having the compression of the property right reached the maximum tolerability limit, even considering its social function (article 42, second paragraph of the Constitution)”.

With sentence number 213, drawn up by Giovanni Amoroso and filed this morning, the Supreme Court recognized the legitimacy of the extensions of the suspension of some property release orders decreed during 2021, but no later than next December 31st.

As reported by Acted, in particular, the Constitutional Court declared unfounded the complaints raised by the execution judges at the Courts of Trieste and Savona relating to article 13, paragraph 13, of the decree-law 31 December 2020 number 183 (i.e. the so-called Milleproroghe) and in article 40-quater of the decree law of 22 March 2021 number 41 (i.e. the Sostegni dl). And this is because, according to the Ermellini, the Suspension had been generalized only at the beginning of the “pandemic”: subsequently, when doubts were raised about the constitutional legitimacy of this provision, the legislator would have progressively reduced its application, operating a “reasonable adjustment of the balance of interests and rights at stake”.

There is no possibility, however, that an extension of this maneuver, “inherently in nature temporary, is extended beyond the deadline of 31 December 2021. However, the Supreme Court grants the legislator, in the event that the evolution of the health emergency so requires, the possibility of adopting measures other than that of suspending the execution of the release measures (or some of them) that they are “suitable for achieving an adequate balance of the constitutionally relevant values ​​that come into play”.

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