Le 27 novembre à 10h en salle F141 du bâtiment Veil, l’équipe Théorhis du CTAD à le plaisir de vous inviter à une conférence (en anglais) avec le professeur Alessio Sardo (Université de Gênes) et Allegra Grillo Doctorante (Université de Gênes, Projet ERC HABITAT)
Abstract :
This paper examines the judicial response to rent control of five courts: the ECtHR, the Italian Constitutional Court, the German Federal Constitutional Court, the French Conseil Constitutionnel, the Italian Cassation Court, and the French Court de Cassation. Based on an analysis of a sample of judicial decisions from rendered over time, a convergent trend emerges: A robust conception of property rights protection combined with a market-based approach underpins the judiciary’s assessment of rent controls. Surprisingly, this trend is prominent in the jurisprudence of the ECtHR: The Strasbourg Court has contributed to reshaping the distribution of power between tenants and landlords, favoring the latter in the transition of Eastern European Countries to the common European (free) market. Both in upholding and striking down rent control measures, European judges generally take the market value is the preferred benchmark for fair price; the commodity nature of housing underpins the argumentation of the European judiciary. Conversely, the social function of property is downplayed or overshadowed: Rent controls are justified when the market value is taken as a pricing tag for rents; otherwise, they impose excessive burdens on landlords.
| Alessio Sardo : B.A., M.A. in Law Trieste; PhD in Law, Genoa, 2015. Currently Full Professor at the University of Genoa (Italy) – Law Department. He is an ERC Starting Grant winner. Previously, he was an Alexander von Humboldt Fellow at the University of Heidelberg (Germany), Department of Public Law, Constitutional Theory and Philosophy of Law. In 2014-2019, he served as a Researcher with Grant and Lecturer at Bocconi University (Milan). His research interests include legal theory, comparative constitutional law, general jurisprudence, and economic analysis of law. Alessio Sardo’s published works have appeared in The Modern Law Review, The American Journal of Jurisprudence, The Canadian Journal of Law and Jurisprudence, Archiv für Rechts und Sozialphilosophie, Rechtstheorie, The European Journal of Migration and Law, Jurisprudence, The Kanazawa Law Journal, and the European Convention of Human Rights Law Review. Dr. Sardo is also a course convenor on the Master in Global Rule of Law and Constitutional Democracy, LLM jointly run by the Universities of Genoa and Girona, where he teaches Social Media Law. Dr. Sardo was a Research Visiting Associate at the London School of Economics. He has recently received a Nawa Ulam Fellowsship from the Polish National Agency and a Research Award (Honorary Professorship) from the University of Ica (Perù). | Allegra Grillo : B.A., M.A. in Law at Bocconi University. Currently Ph.D. candidate in Philosophy of Law at the University of Genoa (Italy) within the ERC HABITAT (How European Big Cities and Legal Systems Trigger Urban Inequality: An Inquiry into Law and Economics) project. She is Academic Fellow at Bocconi University, Department of Philosophy of Law. Her research interests include legal theory and economic analysis of law. She has recently traveled between the Netherlands and Belgium to raise awareness of the impact of climate change on cultural heritage founded by the Organization of World Heritage Cities Young Traveling Scholarship 2022, with the support of the European Climate Pact. |
