ABSTRACT
In Europe, legal developments with regard to the right to housing have always been arduous, largely due to the conservative theoretical framework and economic status quo that have long prevented its categorization as a genuine right. The European legal framework in which the right to housing is recognized – within the so-called economic, social and cultural rights – presents textual limitations and non-justiciability claims that shove this right into the background. These shortfalls are found both in national constitutional structures and in the European instruments for the protection of human rights (the Council of Europe and the EU).
