Obowiązek ochrony beneficjentów prawa do mieszkania jako „innego prawa majątkowego” w rozumieniu art. 64 ust. 1 i 2 Konstytucji RP

Abstrakt

The article is devoted to the issue of the right to housing granted to people who occupy a flat without being its owners. The Author argues that this right constitutes an „other property right” within the meaning of art. 64 p. 1 and p. 2 of the Constitution and as a constitutional right it is protected by the state. She indicates that the category of „other property rights” includes rights that are created by law, such as the right to lease, the right of perpetual usufruct or the cooperative right to a dwelling. All these rights are elements of the broadly understood right to housing. However, only rights that result from constitutional norms, principles and values can be included in the said category of „other property rights”. The rights of persons occupying a dwelling on the basis of a legal title other than the right of ownership are justified in the light of art. 75 and art. 76 of the Constitution. Both of these provisions determine the essence of the right to housing, which means that although individual rights of tenants are set by the legislator, they have constitutional status as „other property rights” referred to in art. 64 p. 1 and p. 2 of the Constitution. The legislator’s freedom to shape the normative content of these rights is limited. The legislator cannot endure these rights freely. Any interference by the legislator with an “other property right” once established must comply with the requirements resulting from art. 31 p. 3 of the Constitution.