25 B. On the alleged violation o Article31§2 of the Revised Charter on the grounds of the eviction procedures and their implementation A. Arguments of the parties a) ATD Fourth World 72. ATD Fourth World considers that the procedure for preventing evictions has shortcomings and does not comply with Article 31§2. In the event of the eviction of persons with no right of occupation, there is no authority responsible for trying to negotiate to obtain accommodation for the families in advance of the eviction. Although such evictions are carried out through the courts, they inevitably prompt the people concerned to wander from place to place. No special priority is given to arrangements for finding cheaper accommodation once eviction had been ordered. Efforts need to be made locally to improve co-ordination of policy on the prevention of evictions with policy on access to housing for disadvantaged persons. 73. Moreover the number of disputes over rent arrears – like the number of notices to quit, sometimes which involve with recourse to the police – has increased appreciably since 1999, despite the Act n° 98-657 of 1998 AntiExclusion Act (see §33), which laid down guidelines for a policy for preventing evictions. The Act has, unfortunately, failed to produce tangible results in most cases. b) The Government 74. The Government states that the authorities may not stand in a way of court decisions such as evictions. A circular on the prevention of tenant evictions was, however, issued on 11 May 2005 (see §30), and a guide to social inquiries intended to prevent such evictions in March 2005. Both were widely distributed within prefects’ offices. 75. In addition, under Act No. 2006-872 of 13 July 2006 on a national housing commitment (see §44), a specialised committee on the prevention of tenant evictions was set up to improve co-ordination among various bodies such as the FSL (housing solidarity fund), the over-indebtedness committee and the bodies which pay housing assistance (particularly family allowance funds). 76. As the law was passed only recently, it is not possible to assess the contribution of the specialised committees co-ordinating action to prevent tenant evictions. The Government nevertheless considers that the appointment of such committees is a vital way of making an effective contribution to reducing such evictions.

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