Abstract
The paper aims at discussing what one can call the resilience of the right to housing
in those cases – namely evictions – in which a clash between needs for housing and
claims for the protection of property arises. The argument is developed through a
multifaceted analysis, mostly but not only dedicated to the Italian legal framework.
Scholarship, statutory law and case law are all taken into account in civil, criminal
and administrative domains, as well as at the Italian and the European levels. In
light of the elements of critical understanding emerging from such a discussion,
the possibility to take the right to housing seriously – i.e. to question currently
dominant views by enhancing the protection of basic human needs connected to
housing, and more especially by building of the reference to vulnerability and proportionality
– is eventually assessed.
Titolo tradotto del contributo | The right to housing and its resilience. Needs for housing and protection of property between Italian law and European sources |
---|---|
Lingua originale | Italian |
pagine (da-a) | 33-76 |
Numero di pagine | 44 |
Rivista | Politica del Diritto |
Numero di pubblicazione | 1 |
DOI | |
Stato di pubblicazione | Pubblicato - apr 2023 |
Keywords
- Eviction
- Private Property
- Proportionality
- Right to Housing
- Vulnerability