E/C.12/55/D/2/2014
unless she has due procedural protection and due process, in accordance with the
provisions of the Covenant and taking into account the Committee ’s general comments
Nos. 4 and 7; and (b) to reimburse the author for the legal costs incurred in the
processing of this communication.
General recommendations
17. The Committee considers that, in principle, the remedies recommended in the
context of individual communications may include guarantees of non-repetition and
recalls that the State party has an obligation to prevent similar violations in the future.
Taking note of the measures carried out by the State party, including Royal Decree Law No. 27/2012 and Act No. 1/2013, as a consequence of the Court of Justice of the
European Union ruling of 14 March 2013, the Committee is of the view that the State
party should ensure that its legislation and the enforcement thereof are in compliance
with the obligations established under the Covenant. 32 In particular, the State has the
obligation to:
(a) Ensure the accessibility of legal remedies for persons facing mortgage
enforcement procedures for failure to repay loans;
(b) Adopt appropriate legislative or administrative measures to ensure that
notification by public posting of notice in mortgage enforcement procedures is strictly
limited to situations in which all means of serving notice in person have been
exhausted; and that it ensures sufficient exposure and long enough notice that the
affected person has the opportunity to take full cognizance of the start of the
proceedings and can attend;
(c) Adopt appropriate legislative measures to ensure that the mortgage
enforcement procedure and the procedural rules contain appropriate requirements (see
paras. 12.1-12.4 and 13.3-13.4 above) and procedures to be followed before going
ahead with auction of a dwelling, or with eviction, in accordance with the Covenant
and taking into account the Committee’s general comment No. 7.
18. In accordance with article 9, paragraph 2, of the Optional Protocol and rule 18,
paragraph 1, of the provisional rules of procedure under the Optional Protocol, the
State party is requested to submit to the Committee, within a period of six month s, a
written response, including information on measures taken in follow -up to the Views
and recommendations of the Committee. The State party is also requested to publish
the Views of the Committee and to distribute them widely, in an accessible format, s o
that they reach all sectors of the population.
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32
16/16
See, for example, the Committee’s concluding observations on the fifth periodic report of Spain
(E/C.12/ESP/CO/5), paras. 21 and 22.
GE.15-17368