NUEVAS PERSPECTIVAS EN RELACIÓN CON LA DEMOLICIÓN DE EDIFICACIONES POR ANULACIÓN DE LICENCIAS A LA LUZ DE LA JURISPRUDENCIA DEL TRIBUNAL EUROPEO DE DERECHOS HUMANOS Y LAS RECIENTES REFORMAS DE LA LEGISLACIÓN ESTATAL Y AUTONÓMICA.

Abstract

The case law established by Division Three of the Supreme Court is spawning a serious set of problems. It states that, when a court ruling annuls a building permit, the enforcement of that ruling requires any buildings raised under the permit to be demolished, even if the buildings have meanwhile been purchased by third parties who have checked property registration records and found no evidence of any ongoing proceedings whose results would prove binding for them as the building’s buyers. The situation may also be analyzed from the standpoint of the case law of the European Court of Human Rights, due to the status of property rights as fundamental rights under article 1 of Additional Protocol 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in Rome on 4 November 1950. Recent legal reforms, too, offer yet another viewpoint, and, while they fail to provide an entirely sound response and may still remain questionable in some cases from the perspective of competence, they do afford an approach to the question of safeguarding the rights at issue. The rights of the buyers in this situation should not be trampled solely and ultimately, albeit legitimately and mandatorily, for the sake of enforcing a court ruling.