European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
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<strong>Diana</strong> comments from experience<br />
Against this background of the types of problems encountered by <strong>European</strong> citizens<br />
in relation to property issues, it is helpful to assess the different options that<br />
may be open to them in terms of those who contact <strong>MEP</strong>s.<br />
There is a category who just need access to independent <strong>and</strong> underst<strong>and</strong>able<br />
legal advice in the country where they have purchased or attempted to purchase.<br />
Sometimes as an <strong>MEP</strong> (<strong>and</strong> using my old knowledge as a former solicitor) I have<br />
been able to put people into contact either with English lawyers who have a working<br />
relationship with a lawyer on the ground in the relevant country, or to find a<br />
lawyer in the country who speaks good English <strong>and</strong> can underst<strong>and</strong> the preoccupations<br />
of a client from a different legal culture. The more such reliable relationships<br />
<strong>and</strong> partnerships develop between legal professionals across the EU, the better<br />
they will be able to serve the needs of an increasingly mobile <strong>European</strong> population.<br />
Clearly, this category relates to problems with the purchaser, normally matters<br />
relating to private contract law. Often if an apartment block or a development<br />
is involved there can be a number of purchasers (often from different <strong>European</strong><br />
countries) having the same argument with a vendor or developer; indeed my office<br />
has on one occasion be able to facilitate access to a sympathetic lawyer in<br />
Spain who put together a small <strong>and</strong> potentially successful joint action on behalf<br />
of such a group. We can only surmise how much simpler such action might be if<br />
there were a proper system of collective redress at <strong>European</strong> level, that has for so<br />
long been talked about.<br />
Then there are those whose complaint, rather than being with the vendor has<br />
to do with the local or national administration. In such cases, it may sometimes<br />
be possible for the Commission’s alternative dispute system known as SOLVIT to<br />
be approached.<br />
The most complex group are those systemic problems, in some Member States<br />
of the <strong>European</strong> Union, which appear to raise questions as to whether local, regional<br />
or national action or legislation by the relevant administration has breached<br />
either EU law or human rights pursuant to the ECHR. It is in relation to these categories<br />
of problem that a string of petitions have been brought to the Petitions<br />
Committee of the <strong>European</strong> Parliament over the last years. Every <strong>European</strong> citizen<br />
(indeed resident) has the right to petition the <strong>European</strong> Parliament, on possible<br />
breaches of EU law, <strong>and</strong> this provides us with a very helpful sounding board as to<br />
16<br />
<strong>European</strong> <strong>Property</strong> <strong>Wrongs</strong>