Spanish state powers impacting housing in Spain’s Law 12/2023, of 24 May, on the right to housing, in the light of constitutional jurisprudence (CA-ES)

The right to housing is one of those rights that has proven key to any social and democratic state governed by the rule of law. Despite its political social and economic importance and its multi-level recognition (international, plus the many autonomous community-level regulations, and, now, Spanish statewide ones, with Law 12/2023, of 24 May, on the right to housing), there is no relationship with an effective policy of enforcing this right, enshrined in Article 47 of the Spanish Constitution. A number of issues have arisen with regard to this first Spanish statewide law on the right to housing, with the question of powers on the matter being of enormous interest. This work, based on the recognition of autonomous communities holding exclusive powers over housing in Spain, studies the impact of certain cross-cutting powers for the Spanish State in said field, and how they are reflected in the aforementioned legal text in the light of constitutional jurisprudence on the distribution of powers over housing. Additionally, special attention should be paid to the shift in the use of housing to alternative markets, such as tourist accommodation, which, even if not dealt with in the 2023 Law on housing, is closely linked to all of these issues raised by this Spanish statewide legislation.