en en notice to members

European Parliament
2014-2019
Committee on Petitions
30.10.2015
NOTICE TO MEMBERS
Subject:
1.
Petition 2338/2013 by Maria Navarro Diego (Spanish), on behalf of the
Impagats Habitatge Valencia community, on the non-payment of housing
grants and on restriction of loan subventions in Valencia
Summary of petition
The extremely lengthy petition describes the financial difficulties prevailing specifically in
housing. The autonomous community of Valencia owes 250 million euros in housing support
to some 50 000 European families. However, the community of Valencia is unwilling to
recognise the existence of the debt and consequently to draft a payment plan. The petition
states that these acts of negligence are contrary to several laws of Spain and EU law. The
situation is also considered contrary to the European Parliament resolution of 11 June 2013 on
social housing as well as Article 34 of the Declaration of Human Rights.
2.
Admissibility
Declared admissible on 22 September 2014. Information requested from Commission under
Rule 216(6).
3.
Commission reply, received on 30 October 2015
This petition refers to the existence of a debt between the Spanish Government and the
families that did not receive the grants for public housing which had been granted to them. In
the second part of the petition, the petitioner also makes claims against the withdrawal and
non-renewal of the housing allowances by Spain during the years 2012 and 2013.
The Commission is concerned about the resolution of this conflict that involves an essential
feature of the well-being of Europeans, namely housing. The access to housing assistance is
an important measure in order to combat poverty and social exclusion in Europe, both of
which inhibit the full and effective enjoyment of fundamental rights. Social poverty is very
often accompanied and/or aggravated by exclusion and discrimination, and it affects groups
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of people that can be particularly vulnerable to violations of their rights (women, children,
ethnic minorities, migrants, disabled persons).
In its Article 34 concerning social security and social assistance, the Charter of Fundamental
Rights of the European Union recognises the right to social and housing assistance, in
accordance with the rules laid down by EU law and national laws and practices. Within the
limits of its powers, the Commission remains committed to ensure full respect of the rights
and freedom enshrined in the Charter of Fundamental Rights of the European Union, in
particular Article 34(3) which provides for the right to social and housing assistance.
However, the Commission has no general powers to intervene with the Member States in the
area of fundamental rights. It can only do so if an issue of EU law is involved.
On the basis of the information provided by the petitioner, it does not appear that the Spanish
government acted in the course of implementation of EU law, nor is there any relation to a
project that has been co-financed by the EU. Issues pertaining to allowances relating to social
housing are thus not regulated by EU law. Hence, when Spanish authorities act in this area
they are not implementing EU law but Spanish national law. It is therefore for the Spanish
authorities alone to ensure that their obligations regarding fundamental rights – resulting from
international agreements and from internal legislation, such as the Spanish constitution – are
respected.
Conclusion
Based on the elements provided in the petition, the Commission is not in a position to provide
any explanation or undertake an investigation on the matter, and thus cannot pursue this case
further.
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