Peer-Reviewed Journal Details
Mandatory Fields
Kenna, P. & Simón-Moreno, H.
European Law Journal
Towards a common standard of protection of the right to housing in Europe through the charter of fundamental rights,
Optional Fields
Housing rights; EU law; Human rights; Mortgages; consumer law
The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in national and international human rights instruments, but also in the EU Charter of Fundamental Rights. Charter rights are increasingly finding expression in the case law of the Court of Justice of the European Union (CJEU). In particular, drawing on the Charter, the CJEU’s interpretation of EU consumer law is moving towards a recognition of housing rights as inherent components of consumer protection. On the basis of such developments, this article examines whether there is scope to extend this human rights approach to new areas – namely, to the Mortgage Credit Directive (2014) – a major EU harmonising measure – and to the work of EU institutions now responsible for banking supervision. The article concludes that, if guided by the Charter of Fundamental Rights, the case law of the CJEU and the practice of supranational banking supervision could significantly enhance the protection of the right to housing, both at EU and Member State level.
Grant Details
Open Society Justice Initiative and Spanish Ministry of Education, Culture and Sports in the framework of the Programme “José Castillejo” for the Mobility of Young Scholars 2017.
Publication Themes
Applied Social Sciences and Public Policy, Humanities in Context