Spain’s Congress has passed a reform to tackle illegal squatters through fast-track trials, aiming to conclude cases within 15 days.
The Spanish Congress of Deputies has approved fast-track trials to address squatting cases more efficiently. Under the Law of Judicial Efficiency, crimes like breaking and entering or home usurpation will now be handled through expedited legal proceedings, reducing resolution times to 15 days. This move, supported by parties such as PNV, PP, and Junts, represents a significant step in tackling squatting while raising questions about its practical impact.
The Mechanics of Express Trials for Squatters
The amendment to Article 795 of the Criminal Procedure Act enables squatting cases and squatters to be processed through a fast-track legal system, previously reserved for minor offenses such as theft. Under this system, judges are required to summon the accused within 72 hours of their arrest, with trials expected to conclude within 15 days. Sentencing must follow within three days after the trial, significantly reducing the lengthy timelines previously associated with such cases.
This procedural shift is designed to bring swift justice and curb the growing problem of illegal home occupation. However, the measure is not without its challenges. Legal experts have raised concerns about whether the judicial system, already burdened by case backlogs, can meet these ambitious timelines effectively.
Critics Highlight Limitations
While the new law has been celebrated as a step forward, critics argue it provides only a partial solution to the squatting crisis. The reform applies specifically to crimes of breaking and entering or usurpation, leaving other types of squatters, such as “inquiokupas,” unaddressed. Inquiokupas exploit rental agreements by paying an initial deposit but subsequently refusing to vacate, creating long-lasting disputes that often require complex civil proceedings rather than criminal trials.
Jesús Manuel Martínez Caja, general secretary of AMADEI, underscores this gap, noting that such cases cannot benefit from the expedited procedure. Similarly, José Ramón Zurdo, director of the Rental Negotiation Agency (ANA), warns that vulnerable individuals residing in occupied homes will require intervention from social services, potentially delaying the process despite the intended efficiency of express trials.
Moreover, some experts predict that the influx of squatting cases into the expedited judicial system could overwhelm courts, leading to delays that the reform aims to prevent.
Administrative Alternatives
The Rental Negotiation Agency advocates for administrative measures as a more effective way to combat squatters. One such proposal is the creation of a public registry for rental contracts, which would allow law enforcement to evict squatters without requiring judicial intervention if no valid lease is on file. This approach could also address the issue of false rental agreements, which are often used by squatters to delay eviction.
By shifting the focus to administrative solutions, the government could alleviate the strain on courts while ensuring faster resolutions. However, this approach would require significant legislative changes and collaboration across multiple sectors.
Political Dynamics and Accidental Support
An unexpected element of the parliamentary session was Bildu’s accidental support for the amendment, which ultimately facilitated its approval. Bildu’s spokesperson later admitted the error, stating their intention to address the issue. The bill now advances to the Senate, where the PP’s majority presents a challenge for any significant modifications to the text.
Despite the political controversies and questions about its practical implementation, the government and supporting parties emphasise that the reform represents a critical step in addressing Spain’s squatting problem.
Looking Ahead
Experts agree that the express trial reform marks progress but caution against viewing it as a comprehensive solution. The structural limitations of the judicial system, combined with the law’s narrow focus, mean that significant challenges remain in addressing the broader spectrum of squatting scenarios.
Without complementary measures to address cases like inquiokupas or vulnerable individuals requiring social services, the new law may fall short of its objectives. Policymakers will need to consider additional reforms, such as enhancing administrative processes, to provide a more holistic approach to combating squatting.
As the legislation moves forward, its effectiveness in practice will be closely scrutinised, offering valuable insights into how Spain can continue refining its approach to one of the nation’s most contentious social issues. For now, the approval of express trials signals a strong political will to tackle squatting, but its success will depend on its execution and the broader measures that follow. B
However, despite of all the expectations, the new law will finally give hope to many people who can’t acquire possession of their properties and finally put some certainty into the property market, repealing the regulation that was unique in all of Europe.
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