Loss of Homes and Evictions across Europe
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Loss of Homes and Evictions across Europe

A Comparative Legal and Policy Examination

Edited by Padraic Kenna, Sergio Nasarre-Aznar, Peter Sparkes and Christoph U. Schmid

The loss of a home can lead to major violations of a person’s dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.
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Chapter 3: Evictions in Germany

Christoph U Schmid and Sofija Nikolic

Abstract

Germany is a federal republic consisting of sixteen federal states. Most of the legislative and administrative powers related to housing were transferred from the federation to the federal states in the 2007 constitutional reform. As to the tenure structure, more than half of the whole housing stock is rented (among which about 5 per cent is social rented housing), while owner-occupied housing represents only 42.3 per cent. Although the right to housing is not an individually enforceable right, persons threatened with eviction may resort to various protection mechanisms, and there are administrative precautions for the prevention of homelessness after an eviction. On the one hand, the court is obliged to inform the local social authority responsible for housing homeless people about the start of eviction proceedings. The same obligation falls on a bailiff before the execution of an eviction order. On the other hand, according to the police, security and regulatory laws of the federal states, municipalities have a duty to provide temporary accommodation for evicted people.

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