they Spent 19 days since the second section of the Chamber III of the Supreme Court turned upside down the mortgage market and full of the same room he decided to return to the previous case law. At that time he wrote excellent analysis. Some, such as the Victorio Magariños Blanco, published in THE WORLD November 2, realize the level of complexity involved in the statement and casts doubt on the prolixity of the author of the severed provision.
To this we must add that the 28 members of the full required two days to analyze what happened and to resolve, in a split decision, to return to the past.
It was then that Pedro Sánchez has announced that it will approve a royal decree law to be drawn in a 24 hour period -at least 48 until its publication in the official gazette, that “never more spaniards to pay this tax, but the banking”.
The Station has a staff with great ability in law, but taking into account the sinuses, legal and the creativity of many firms with diverse strategies -ranging from rummaging around in the retroactividades, in the endless clauses and in the patrimonial liability of the State, the odds of making things worse are high.
it is True that the decision of the Supreme go back to the previous case law closes many avenues. Its president, Carlos Lesmes, whose mandate, together with the General Council of the Judiciary, concluded within 32 days, preferred to be placed once colorado % yellow and supported the solution of the fully calibrated to the section.
The case is crossed by war stories of the Judiciary, always dyed the odiosidades most trifling. Luis María Díez-Picazo, president of the Chamber III which, according to various media, complained of not having been informed that a section of his charge, had adopted a decision as transcendent, holds the position precisely by efforts of Lesmes. To make matters worse, Díez-Picazo is not a judge, but that is a counsel of the Ministry of Justice and professor of Constitutional Law, which generates friction with the judges of the race.
The problem is not only the politicization of the Justice (an argument that became fashionable when it renews the CGPJ), or the lack of training of magistrates, nor even the argument of populism court, the real problem revealed by the third section, is that the building mortgage Spanish threat of ruin and not take it any more patches like the one that the Government wants to apply.
At the same time as the adoption of the law whose article is going to be amended, was issued the European Directive 93/13/EEC on consumer protection. It has been under this rule that the Court of Justice of the European Union (CJEU) has been delivering time and time again, and up to six sentences, a decisive blow to our mortgage market.
First was the judgment of march 2013, which declared illegal and abusive mortgage legislation in spain. In July 2014, the target was the Civil procedure Act, which discriminated in favor of financial institutions. Then he continued failures against the interests of delay, the deadlines for opposition to the execution by unfair terms, the terms soil and of early maturity. The CJEU has another ruling in the chamber on the index of interest rates corresponding to mrti, which has been applied in some mortgages.
Spain has responded to this forceful questioning of the way desmadejada. It is not for less. As we’ve seen these 19 days, in the building mortgage living many interests. Not only the banking sector, which for years has enjoyed a regime extraordinarily guarantor in its favour and that has not always been course cheaper funding to the citizens, but of other groups, such as lawyers, registrars, notaries, appraisers, etc
With your proposal, Sanchez placed a new patch that has attached a candy to seduce Citizens: the creation of the Independent Authority of Protection of Customers Financial. But this does not resolve the erosion of the building mortgage, which would require a study commission for integral modernization in the framework of the Eurozone. It is not strange, then, that the citizen feel that the powers that be, by very radical to presume to be, all it is doing is to run a careful choreography to move your site.
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