A Comparative Legal and Policy Examination
Edited by Padraic Kenna, Sergio Nasarre-Aznar, Peter Sparkes and Christoph U. Schmid
Evictions in Italy have recently acquired primary importance on the political agenda and in public debate due to a dramatic surge in ouster proceedings from rented and privately owned residential tenures. This chapter starts with an overview of the eviction policy in the Italian legal system. It focuses on the socioeconomic factors related to evictions and the measures designed to prevent arrears, cease evictions from owned primary residences, as well as measures that postpone evictions from rented primary residences. Against this backdrop, the chapter then focuses on the right to housing as a fundamental right, as articulated as an expression of the Italian constitutional principles of social solidarity (Article 2) and equality (Article 3). The chapter subsequently examines the procedures leading to eviction in particular areas (mortgaged properties, rented housing, unauthorised occupancies), and clarifies their respective procedural phases. The chapter then identifies various common risk factors for evictions and provides a brief case-law summary in order to highlight the existence of best practices in response to increasing eviction proceedings in Italy.
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