The right to housing and the residential tenancy regulation: should more be done at a European level?

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Abstract

With a view to «combat social exclusion and poverty», a «right to social and housing assistance» has been included in the Charter of Fundamental Rights of the European Union (Article 34, para. 3). In spite of its vagueness, a right to housing can presently be considered a European Union principle. Protection of tenancies is a facet of an effective right to housing and European Union citizens could benefit from a stable and balanced tenancy contract law regulation. However, tenancy contract law has been left out of European Union «agenda». Creating a set of «model rules» could, nonetheless, be most useful. The absence of legal authority of such texts shall not diminish its importance since they slowly settle a common juridical heritage and influence decisions within the Member States. The drafting of a «default contract » or a set of «model rules» is, notwithstanding, far from being a simple task. Adjusting protection of the tenant’s interests to a functioning market is a huge challenge, already at a national level. In fact, wherever average wages are considerably low and rent prices are very high, reconciling landlords and tenants interests seems far from reachable.
Original languageEnglish
Title of host publicationThe making of European private law
Subtitle of host publicationchanges and challenges
EditorsLuisa Antoniolli, Paola Iamiceli
PublisherUniversity of Trento
Pages175-198
Number of pages24
ISBN (Electronic)9788855410533
Publication statusPublished - Jan 2024

Publication series

Name
Volume75
ISSN (Electronic)2284-2810

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