Private Law and Housing Justice in Europe |
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| Authors: | Irina Domurath Chantal Mak |
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| Institution: | Amsterdam Centre for Transformative Private Law (ACT), University of Amsterdam, the Netherlands. The authors wish to thank their colleagues at the Amsterdam Centre for Transformative Private Law (formerly Centre for the Study of European Contract Law, CSECL), University of Amsterdam, and participants at the European Network for Housing Research conference 2018 for most helpful comments and discussions. We also thank the two anonymous reviewers for their very helpful comments. All responsibility lies with the authors. All URLs were last accessed on 24 January 2020. |
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| Abstract: | This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing's meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we offer a new reading of the CJEU judgments that have hitherto been heralded as extending the social dimension of EU (private) law. We submit that the emphasis on economic and procedural rights risks further ‘economisation’ of housing relations in Europe. While the possibilities to grant direct horizontal effect to the right to housing in EU law currently offer limited potential to counter this trend, private law provides part of the framework for a further balancing of social and economic elements in housing cases. Accordingly, we call for a debate on the specific aspects of horizontal relationships in the complex system of housing justice. |
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