![]() ![]() If it deems the applicant's request well founded, the court "orders the housing or re-housing of the person by the State". It is then up to the Préfet to communicate this request to a HLM body urging them to find available accommodation within a deadline set by the Préfet.Īfter the "friendly" phase of the process comes the contentious part: the person deemed priority who, within a timeframe of six months (for the Paris Metropolitan Region) or three months (for other regions), has still not received a "housing offer that takes into account their needs and abilities" is thus authorised to appeal to the administrative court "seeking the provision of housing as ordered". After consideration, the mediation committee notes those applicants deemed to have " priority" and sends the list to the Préfet (regional representative of the French government), to the effect that housing be "urgently allocated". Without delay, this new mediation instrument can be called upon in one (or more) of five specific cases when, in good faith, the applicant for social housing is without housing, threatened with eviction and not rehoused, living in transitional housing, housed in unsanitary conditions or in clearly crowded conditions (if they have a disability or at least one child under 18). This committee is composed of a balance of State representatives (broadly speaking) as well as HLM (social housing) bodies and tenant organisations. Īny applicant for social housing who does not receive "an appropriate proposal" within a fixed timeframe that is set down by the State representative of the given département has grounds to call upon a " mediation committee". The DALO instrument has already had much written about it so the following will simply outline the key points. This innovation is well-established and faithfully embodies the enforceability that has, ever since, been attached to housing rights.ģ. ![]() A major legislative innovation was needed to justify the adoption of another such text… and it happened in record time (with barely three months separating the presidential order and its entering into force). However, in the wake of the Scotland Act, the French State decided to pass a law on 5 March 2007 that established an enforceable right to housing. By 2005, France had already created a multitude of laws and legal judgments on (in one form or another) the right to housing. As a prelude, the following briefly explains France’s DALO.Ģ. These two points will form the basis of this commentary. 1 concerning peaceful enjoyment of possessions. However, the Court exonerated it from the claim that it disregarded Article 1 of Protocol No. The recent hearing was clearly meaningful because, in its judgment of 9 April 2015, the European Court of Human Rights noted that DALO violates Article 6 of the Convention on the right to a fair trial. There was an inevitability that an instrument as ambitious – and indeed hybrid – as the DALO, which has been in force for several years in France, would one day end up in Strasbourg and find itself faced with the various fundamental rights that it has put to the test. By Nicolas Bernard, professor at Saint-Louis University in Brusselsġ. ![]()
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