CARRO PAULETE, ANDRES
No
Rev. Derecho Polit.
Article
Científica
3
2
0.5
0.335
01/01/2023
000997560400011
This paper aims to provide an account on the emergence, development and scope of the doctrine of the European Court of Human Rights on forced evictions, as well as its incipient jurisprudential and legislative re-ception in our legal system. Specifically, the study focuses on the power of those at risk of losing their home to demand a proportionality assessment of the measure by an independent tribunal, analysing the requirements that should make up this examination and the limits of its horizontal effect. Finally, the paper covers the reception of the protection against for-ced evictions in the case law of the Constitutional Court and the Supreme Court, as well as in the Draft Law on the Right to Housing.
European Court of Human Rights; forced evictions; right to respect for the home; horizontal effect; right to housing