CoE C (7m) 1475, 1476/2024
Chairman: D. Kirillopoulos, Vice President of the CoE
Presenter: T. Varoufakis, President of the CoE
The administration and management of the property of the Holy Shrines of Panagia Myrtidiotissa, Ag. 1416/84 and not by Regulations of the Holy Synod.
Point (a)(a) of subparagraph (a) shall not apply. 5 of par. 1 of article 68 of Law No. 4235/2014, which stipulated that a Regulation approved by a decision of the Permanent Holy Synod, determines the rules for the management of the property of the sacred shrines of paragraph 1 of Article 59 of Law No. 590/1977, refers to the holy shrines, which are henceforth to become n.p.i.d., by decision of the Permanent Holy Synod, as well as to the holy shrines that had already acquired legal personality before Law No. 590/1977. 4235/2014, and the administration and management of their property was governed by their own Regulations (see paragraph b of the same sub-paragraph 5 above).
The above provisions of article 68 of Law no. 4235/2014 do not cover the holy shrines of Panagia Myrtidiotissa, Agia Moni and St. John of the “in cremno”, because the management of their property, as intercommunal property of the islands of Kythera and Antikythera, had been entrusted to the Domestic Property Committee, according to the provisions of Article 84 of Law No. 1416/1984, and was further regulated by Decree 272/1985, which was adopted in reliance on the one-off authorisation in para. 4 of the aforementioned Article 84, which was used up after the adoption of the aforementioned Decree-Law.
By point (a) of subpara. 5 of para. 1 of article 68 of Law No. 4235/2014, no authorization was granted to the Permanent Holy Synod to issue Regulations for the regulation from the outset of the issues that had already been regulated by Decree 272/1985. Therefore, Regulations 303, 304/2018 of the Holy Synod, by which the one-time issued decree 272/1985 is repealed and the issues that had already been regulated by it regarding the administration and management of the property of the disputed sacred shrines (management of their property by a Management Committee, the members of which are appointed by decision of the Permanent Holy Synod) are not based on the above provision of article 68 of Law No. 4235/2014, on the basis of which they were issued. Therefore, the said Regulations are invalid and, consequently, their adoption did not lead to the repeal of either the Decree 272/1985 or the contested provisions of Decree 5/2017, by which amendments were made to the provisions of Decree 272/1985, in order to adapt them to Law No. 3852/2010.
