II FORUM ON REAL ESTATE AND CONSTRUCTION LAW – MÁLAGA
Right to property vs. right to housing
10 October, 2025
AT THE MÁLAGA BAR ASSOCIATION
ORGANIZING ENTITIES
Organized by: Real Estate Law Commission – U.A.E. (www.uae.lu)
Dates: October 9 and 10, 2025
Venue: Málaga Bar Association
President: Rosanna Marzocca, President of the U.A.E.
Moderator: Agustín Cruz Núñez, President of the Real Estate Law Commission – U.A.E.
SPONSORS
Málaga Bar Association
Faculty of Law of Málaga
JUSTIFICATION
The right to housing and the right to property, in permanent tension, have become one of the great axes of legal, political, and social debate of our time. The impact of European and national regulation on housing, urban planning, taxation, illegal occupation or tourist housing raises the urgent need for balance and legal certainty for all stakeholders.
This international Forum brings together emeritus judges of the Constitutional Court and the Supreme Court, leading academics, and specialized lawyers from several European countries, with the aim of analyzing the regulatory transformations underway and their practical implications.
Issues of maximum relevance will be addressed, such as:
- The real effectiveness of the right to housing and its limits vis-à-vis the right to property.
- Public intervention in stressed areas and access to buildable land.
- European regulation of tourist rentals and its effects on foreign investment.
- Fiscal and legal limits of real estate transactions.
- Legal responses to illegal occupation in different EU countries.
- The role of new technologies, artificial intelligence, and real estate tokenization in transforming the market.
The objective is to provide a comprehensive and comparative vision that enables professionals, academics, and authorities to anticipate trends and provide solid legal solutions to the challenges facing the real estate and construction sector in Europe.
TARGET AUDIENCE
- Lawyers specialized in real estate, urban planning, tax, commercial, and technology law.
- Judges, magistrates, and prosecutors.
- Real estate developers, construction companies, and investors.
- Architects, engineers, urban planners, and building professionals.
- Executives and professionals from holding companies, asset managers, and investment funds.
- Real estate agencies, property managers, and real estate advisors.
- Public administrations responsible for urban planning, housing, tourism, and the environment.
- Professors, researchers, and PhD candidates in law, architecture, and urban planning.
- Experts in compliance, financial regulation, and taxation related to real estate.
- Professionals from the technology ecosystem (blockchain, artificial intelligence, DLT) applied to the real estate and construction market.
PROGRAM
Thursday, October 9
21:00 | Official Reception and Welcome
Welcome cocktail for speakers, institutional guests, and sponsors.
Venue: [To be confirmed]
Friday, October 10
09:00 – 09:30 | Institutional Opening
– Welcome by the U.A.E. and authorities (all to be confirmed)
- Dean of the Málaga Bar Association
Hon. Ms. Flor Carrasco Gómez
- Dean of the Faculty of Law, University of Málaga
Hon. Ms. Isabel González Ríos
- Chief Prosecutor of Málaga
Hon. Mr. Juan Calvo Rubio
- President of the Provincial Court of Málaga
Hon. Ms. Lourdes García Ortiz
- Mayor of Málaga
Hon. Mr. Francisco de la Torre Prados
- President of the U.A.E.
Ms. Rosanna Marzocca
The session will be moderated and introduced by Mr. Agustín Cruz Núñez, Honorary President of the U.A.E., Organizer as President of the Real Estate Commission of the U.A.E.
09:30 – 10:00 | Opening Lecture
– Hon. Mr. Manuel Aragón Reyes (Emeritus Judge of the Constitutional Court 2004–2013 and Emeritus Professor of Constitutional Law, UAM): “Nature and legal effectiveness of the right to housing in Spain.”
10:00 – 10:30 | Panel 1
Vision of the European Court of Human Rights and the Court of Justice of Luxembourg.
– Mariela Fiorentino.
– Alexandros Politis.
10:30 – 11:30 | Panel 2
Property rights, urban planning, and access to buildable land
– Hon. Mr. Javier Orduña Moreno (Emeritus Judge of the First Chamber of the Supreme Court): “Atypicality in urban planning contracts and legal certainty.”
– Urban planner of recognized prestige in Spain (To be confirmed).
– Nicolo Adavastro, Lawyer specialized in administrative law, Studio Legale Adavastro&Associati, Milan (Italy).
- Legal certainty and urban planning burdens
• Land reserves, transfers, and buildability
• State law and regional development
• Intervention in stressed areas, price caps, social housing
11:30 – 12:00 | Coffee Networking
12:00 – 13:00 | Panel 3
Tourist housing and foreign investment: European regulation
– Prof. Ms. Carmen Alonso Ledesma (Professor of Law; President of the General Codification Commission (Section 2), Ministry of Justice and expert in EU Law): “Impact of Regulation (EU) 2024/1028 on tourist rentals.”
- National Regulation (to be confirmed).
- Regulation in France and Italy.
– Simon De Zordo, Secretary General of the U.A.E., Partner at Loyce Legal, Bolzano (Italy).
– Maurizio Mazzoni, Vice President of the Tax Law Commission at U.A.E., Lawyer in Milan.
- Tourist rental licenses, restricted areas, maximum thresholds.
13:00 – 14:00 | Fiscal and legal limits
– Ilmo. D. Juan José Hinojosa Torralvo, Decano Emérito de la Facultad de Derecho de Málaga y Catedrático en derecho financiero y tributario (límites fiscales a la inversión).
– Dario Marsella, Presidente de la Tax Law Commission en UAE, Lecce (Italia).
– Laurent Chetcuti (KPMG París)
14:00 – 15:00 | Official Congress Lunch
15:00 – 16:00 | Panel 4
Illegal occupation: legal protection of the property owner
- Spain: Prof. Ms. Ana María Prieto del Pino. Doctor in Criminal Law and Lecturer at the Faculty of Law of Málaga (situation in France and Germany).
- Italy: Immediate intervention and legal reinforcement.
– Alberto Scapaticci, President of the Criminal and Environmental Law Commission. Studio Legale Scapaticci, Brescia (Italy).
16:00 – 17:00 | Technology and the real estate market: legal challenges
– Moderation or participation by Prof. Mr. Javier Wenceslao Ibáñez Jiménez (Professor of Commercial Law, Universidad Pontificia Comillas – ICADE).
- DLT and real estate traceability
• International markets for tourist and real estate tokens
• Artificial Intelligence and the real estate market
Guest speakers:
– Riccardo Abeti, President of the Commission on New Technology, Personal Data and Communication Law at U.A.E.
17:15 – 17:30 | Closing and Acknowledgements
General conclusions and institutional closing.
20:30 | Gala Dinner
Dinner at the Terrace of the Restaurant Only You.
Saturday, October 11 (Optional)
Cultural activity or tour.
