The process is on track for final completion publication of forest maps, following its two decisions Plenary Session of the Council of State (1364 and 1365/2021), which ruled that Article 48 of Law 4685/2020, concerning forest maps pending approval, is consistent with the provisions of the Constitution.
With these decisions by the Grand Chamber of the Council of State, the countdown begins toward the completion of the major reform of the forest maps, for the benefit of protection of the natural environment, public property, as well as the protection of citizens' property rights.
The Supreme Administrative Court The country's court ruled that There are no constitutional issues regarding the key aspects of the forest map drafting process, as defined in Article 48 of Law 4685/2020. These include the following:
– An area is considered forested if it is covered by forest vegetation not only today but also in the past, provided that no administrative act has been issued that changes its use—essentially prior to the 1975 Constitution—and for as long as the permitted use continues.
– Land that was designated for agricultural use prior to the 1975 Constitution is exempt from forestry laws, provided it continues to be cultivated.
– Areas where industrial facilities have been established are exempt from forestry legislation, even after the 1975 Constitution. A basic prerequisite is that their establishment must have been authorized by administrative acts.
– The same applies to areas covered by approved urban plans or located within settlements.
Key Points of the Decision by the Plenary Session of the Council of State
– The delineation of forested areas on forest maps must be reliable and must not include areas where it is not legally possible to enforce forest legislation. The same applies to areas that may not be designated as suitable for reforestation to restore their lost vegetation, because that vegetation was removed for a legitimate reason.
– According to the Court, classifying such areas as forests would cause confusion as to what constitutes the country’s forest resources and would hinder the formulation of effective public policy for the preservation of forests.
– Furthermore, classifying these areas as forest land would also hinder the development of agricultural activities, which historically contributed to the country’s postwar recovery.
– The exclusion of land that has been designated for other uses by administrative acts, which are presumed to be lawful, is also intended to ensure legal certainty.
Regarding the decision of the Grand Chamber of the Council of State, the Minister of Environment and Energy, Kostas Skrekas, stated: «With this very important decision by the Supreme Administrative Court, the way is now paved for the publication of the forest maps, which is one of the most landmark reforms in the country’s history. This is a project of national importance that will resolve many of the problems that have plagued the modern Greek state since its founding. With the utmost respect for the decisions of the Council of State and the provisions of the Constitution, we will complete the ratification of the forest maps and correct the errors that occurred during the process, in order to ensure the protection of the environment, public property, and, above all, the legitimate individual rights of citizens. The publication of forest maps is also extremely important for economic activity, particularly for attracting investment, since there will now be a clear framework for land use. In addition, it will enable the completion of the Land Registry, which also constitutes a significant reform aimed at protecting citizens» property and safeguarding the public interest.".
For his part, the Deputy Minister of Environment and Energy, George Amiras, he pointed out that «the Council of State’s decision allows us to move forward swiftly with the necessary legislative measures so that to resolve the outstanding issues regarding forested farmland and cleared land, just as we did in recognizing the presumption of ownership in favor of private individuals in the Ionian Islands, Crete, Lesbos, Samos, Chios, the Cyclades, the Dodecanese, Kythira-Antikythira, and Mani, but also for the exclusion of asphodels from the list of forest species. »We are preserving the forest in accordance with the Constitution while at the same time safeguarding citizens’ property rights once and for all, without leaving them to grapple with unresolved issues in the future.”.
