A provision that «erases» arbitrariness? Warning signal from Free Kythira

The focus of public debate in recent days has been on the proposed legislation by the Ministry of Shipping and Island Policy for Kythira and Antikythira, which is included in the Article 17 of the new bill brought by the government to parliament. The municipal faction «Free Kythira» has come out today with a detailed and particularly sharp statement, expressing serious objections and speaking bluntly about a provision that—as it argues—paves the way for «artificial acquittal of elected officials» and creates significant risks to the rule of law on the island.

The party calls on citizens to actively participate in the public consultation, which ends on November 24, 2025, and asks all municipal factions of the Municipality of Kythira to take a public stand on the issue. As they point out, the proposed provision is not limited to port projects, but allows — in their view — the retroactive and automatic legalization of numerous arbitrary acts committed in recent years, creating an institutional precedent that challenges the principle of equality and the separation of powers.

Below is a detailed account of the position taken by the «Free Kythira» faction in the public consultation.

Press Release Free Kythira

Objections to the Legislative Regulation on Kythira – Antikythira: Constitutional and Institutional Problems

This photographic arrangement portrays the artificial exoneration of elected officials in Kythira for acts or omissions that have been identified by the administration or are being investigated by the justice system. We urge you to participate in the consultation, which ends on 24/11/2025, so that we can defend the fundamental principles of democracy together.

The consultation link https://www.opengov.gr/ynanp/?p=1960
Submit a comment on Article 17.

We request the position of the political parties of the Municipality of Kythira.

Our positions:

Below you will find our position on the consultation. With the proposed provision of Part II of the bill entitled «Provisions of the Port Authority and Greek Coast Guard - Domestic property of the islands of Kythira and Antikythira,»  an attempt is being made, for the first time ever, to introduce a legislative provision that essentially «artificially» exempts the elected representatives of Kythira and Antikythira (Municipality and Domestic Property) for their actions and omissions, which have been checked for legality, committed over all these years that they have been in charge of our islands. It should be noted that the provision under consideration presents:

1) Lack of limitation of scope  This is because it does not specify that it applies exclusively to port works or directly related infrastructure. This has the effect of allowing the «legalization» of any unauthorized construction carried out by the municipality or the Domestic Property Agency on public or encroached private land, including reservoirs, buildings, roads, and other projects without any permits, even in violation of environmental legislation.

2) No discrimination regarding the implementing body  This is because the provision in question does not differentiate between projects implemented by central government agencies and those implemented independently, on the initiative and responsibility of local authorities. Another issue is the elimination of arbitrariness, where the State imposes penalties on local authorities for projects they did not carry out, and another is the retroactive legalization of arbitrary projects carried out under the responsibility of local authorities.

3) Failure to specify the critical time of commission of the arbitrary act  This is because the lack of any time reference effectively allows the inclusion not only of old projects but also of projects that will be carried out by the date of the law's adoption, creating a serious institutional risk of covering up new abuses.

4) Three-year transitional period for compliance This is because the three-year deadline for issuing the necessary approvals essentially coincides with the end of the term of office of the current elected representatives of the Municipality and the Local Property. Therefore, any penalties or consequences of non-compliance will be borne exclusively by the next administration, which raises the issue of institutional accountability.

5) Violation of the principle of equal treatment and the example set by management This is because the proposed regulation raises a serious issue of unequal treatment between local government organizations and private individuals. The State cannot treat local authorities more favorably than citizens, especially when these bodies are part of the legal order and are required to act as a model of legality and respect for the rules of law. The provision of the possibility of supposedly ’automatic« legalization of projects without licensing procedures undermines the principle of good administration and creates the impression that local authorities can act with privileges that are not recognized for citizens and that they act arbitrarily not only without any consequences but, on the contrary, with the special benefit of automatic, unjustified, and provocative legalization from above. The proposed regulation undermines the respect of citizens for all institutions and raises the reasonable question: why should they pay for the legalisation of any arbitrary actions taken on their homes, while the arbitrary actions of the municipal authority are legalised without penalty and without scrutiny by a single article of a law? Furthermore, it raises the corresponding question for other local authorities in the country: why are only the existing and future illegalities of the Municipality of Kythira-Antikythira legalized in this way, and not those of other municipalities?;

6) Furthermore, fines have already been imposed and judicial investigations are ongoing.  and for this reason the provision is particularly important given that the local administration has already been fined by the competent authorities for unauthorized construction, which is related to acts or omissions of elected bodies. The possible retroactive elimination of penalties and the cessation of control may be interpreted as a photographic acquittal of the elected officials responsible, violating, among other principles, the principle of accountability. Furthermore, it should be noted that judicial and prosecutorial investigations are pending for recent offences relating to illegal projects and arbitrary actions by the local administration, which reinforces suspicions, if not clear indications, of legislative intervention aimed at preventing or hindering the work of the judiciary. The proposed regulation constitutes a direct, unacceptable, and unconstitutional interference by the legislature in the work of the judiciary, in violation of Article 26 of the Greek Constitution, which proclaims the principle of separation of powers.

It is worth noting and taking into account that in Kythira, over the last five years, many projects have been carried out without complying with the legal licensing procedures, including: a) A reservoir in Agia Kyriaki, b) Redevelopment of the square in Agios Ilias, c) Retaining wall on a provincial road (Koukos), d) Filling and closure of a road in Chora (Charo house) and e) General repair of the veterinary clinic in Chora. Fines of several thousand euros were imposed for the construction of these projects. In addition, the local administration proceeded with the illegal opening of roads in «Natura» areas, in Simaoreio and Routsouna, as well as the asphalting of the road to Fanari, cases which are being investigated by the competent authorities.

In any case, the legislative authority cannot use «artificially targeted» provisions to «legalize» any illegal action previously taken by the local authorities of Kythira, because this automatically invalidates any act of good administration and the (ongoing) actions of the competent state bodies (see Town Planning, Public Prosecutor's Offices, etc.) that are trying to enforce legality in Kythira.

The provision under consideration is unconstitutional because it violates, among other principles, that of equality,  because it treats the Municipality of Kythira and the domestic entity in a substantially different manner, without there being any serious and objective reason of public interest that would justify this distinction.  With the provision under review, the legislator attempts to grant the right to «legalize» any unauthorized construction carried out by the Municipality or the Domestic Property on public or encroached private land, including reservoirs, buildings, roads, and other works without any permit, even in violation of environmental legislation, only for the Municipality of Kythira-Antikythira and not for all municipalities in the country or even in island Greece. The provision of Article 17 constitutes an excessive restriction that is not justified in the context of the rule of law, constitutes unjustified adverse discrimination – treatment and, therefore, is contrary to the provisions of the Constitution .

With the above targeted comments, we are contributing to the public consultation on Article 17, highlighting the points that require more in-depth analysis and substantial correction. With these remarks, we set the stage for a more meaningful dialogue, seeking a policy that will be functional, fair, and sustainable for our Kythira.

In light of all the above observations, the provision of Article 17 in question must be reformulated in accordance with the above objections. so that it only concerns port facilities and their ancillary works for which a fair solution must reasonably be found.