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"Preface" [2018] ELECD 46; in Schmid, U. Christoph (ed), "Tenancy Law and Housing Policy in Europe" (Edward Elgar Publishing, 2018) xv

Book Title: Tenancy Law and Housing Policy in Europe

Editor(s): Schmid, U. Christoph

Publisher: Edward Elgar Publishing

ISBN: 9781788113977

Section Title: Preface

Number of pages: 2

Extract:

Preface Private tenancy law regulating contractual and real rights for the use of immovable property is existentially affecting the daily lives of European citizens, as about one third of them depend on rented housing ­ a proportion which increases in some countries to more than 50 per cent. Residential tenancies are thus likely to impact on consumers more than any other legal branch, even though they are not normally treated as a part of consumer law. The good functioning of tenancy law and adjudication is therefore fundamental to the legitimacy of the legal system in the eyes of citizens. Whereas tenancy law has been a developed legal discipline in all EU Member States for decades or even centuries, it constitutes a nearly blank space in comparative and European law, which is often attributed to its instable political character. The European Union has not legislated in the field, and its competence is doubtful; however, policies and legislation in other areas ranging from anti-poverty, energy, tax, environmental and State aid law to consumer law, conflicts of laws, non-discrimination law and human rights have generated important, though largely unnoticed, collateral effects on the field. Against this background, the TENLAW Project, an integrated project funded by the European Union under FP 7 from 2012 to 2015, set out to provide the first large-scale comparative and European law survey of tenancy law and housing policy in 32 countries. Ten teams produced national reports, intra-team and inter-team comparisons of some 6,500 ...