Cosmética constitucional del derecho de propiedad de la vivienda en Navarra, Andalucía y Canarias. A propósito de las sentencias del Tribunal Constitucional de 22 de febrero (Navarra), 12 de abril (Andalucía) de 2018 y 26 de abril (Canarias)

Resum

The Constitutional Court addresses the controversy about the limits of autonomous competence to modulate the property right, marking the frontiers of its essential content and the ultimate definition of what it should be and how its social function is exercised. There are three pronouncements that are preceded by a previous one that partially annulled the Andalusian regulations included in a Decree-Law of 2013 that seemed to have marked a path that is not finally followed by constitutional jurisprudence: the modulations of that property right are constitutional, impose a housing use on house, sanctions and the causa expropiandi tied to that duty, as well as the special distinction that is made in this regard for who the owner is, especially if it is a credit and banking institution or one of its real estate subsidiaries companies