Private Law and Housing Justice in Europe

Modern Law Review 2020

33 Pages Posted: 10 Mar 2021

See all articles by Irina Domurath

Irina Domurath

Central University of Chile

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Date Written: 2020

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.

Keywords: European private law, housing, right to housing, privatization

Suggested Citation

Domurath, Irina and Mak, Chantal, Private Law and Housing Justice in Europe (2020). Modern Law Review 2020, Available at SSRN: https://ssrn.com/abstract=3770018

Irina Domurath (Contact Author)

Central University of Chile ( email )

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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