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The single European market and the demise of Flemish housing policy

Willem Korthals Altes

International Journal of Housing Policy, 2015, vol. 15, issue 2, 209-222

Abstract: On the basis of a ruling by the European Court of Justice, the Constitutional Court of Belgium nullified parts of Flemish housing policy in November 2013 because they did not conform to the rules of the single European market. Flemish policies which sought to prevent gentrification were at odds with the fundamental freedoms of the single European market. Obligations to promote the provision of social housing restricted the freedom of capital. The incentives and subsidies designed to promote social housing provision are deemed to be state aid. What is more, the promotion of social housing could be deemed as a public work contract and would therefore have to be awarded according to the European procurement procedures. This paper reviews this case and discusses the wider relevance for land policies in relation to housing provision throughout the single European market.

Date: 2015
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DOI: 10.1080/14616718.2015.1026140

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International Journal of Housing Policy is currently edited by Professor Suzanne Fitzpatrick, Gerard van Bortel and Richard Ronald

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