Council of State: Giorgos Kaloudis΄ legal positions on Erimitis
Erimitis
01 Jun 2023
/ 23:14
CORFU. The Court granted an extension until 9 June 2023 to lodge any statements of case and additional evidence.
On 31 May 2023, the Council of State discussed North Corfu Municipality's application for the annulment of the elevation survey and the building permits for Erimitis, which was also acting on behalf of the Save Erimitis Movement.
Giorgos Kaloudis stated the following legal positions:
1) The first contested act (elevation survey) shall be annulled because, in violation of a provision of law in substance:
a) It took the form of a ministerial decision instead of a presidential decree, as required by the Court’s case-law.
b) The elevation survey, which was approved by ministerial decree, does not meet the legal requirements and does not ensure the proper drainage of rainwater.
c) It did not take into account the paths that run through the property and the unhindered access to the forested areas, the coastline, the beach and the public areas of the property, as provided for in the Special Spatial Development Plan of Public Property and the urban planning study.
d) Due to ignoring the abovementioned three old paths, the elevation survey is contrary to the constitutional principles of sustainable development and proportionality. The existing paths had to be planned and highlighted in order to ensure access to the forest areas, the coastline and the beach, which are public assets.
2) The second contested act (building permit) shall be annulled because, in violation of a provision of law in substance:
a) It was issued by the Ministry for Environment and Energy's Directorate of Architecture, although this Directorate has the authority only for public properties, while the property in question lost its status as a public property, following the transfer of the building blocks to the company "New Corfu Real Estate Investments".
b) It was issued without the prior concession of the area required by the urban planning study for the creation of public areas and facilities to the North Corfu Municipality.
c) It was issued without the prior delimitation of the torrents of water that cross the property in Erimitis.
d) It was issued in excess of the maximum average permitted building factor of 0.033 to 0.43 instead of 0.40 and without taking into account the change in the status of the property from public to private from when it was acquired by the abovementioned company.
The Court granted an extension until 9 June 2023 to lodge any statements of case and additional evidence.
e) The permit was issued while the relevant act of classification of the property in terms of forestry legislation had not yet become final, since Ermitis Plus Association's application for annulment of the technical committee for the examination of the Corfu Regional Authority's objections was pending, with which the objections of the applicant Association against the classification act of the Corfu Forests Director had been rejected. Based on this act, an area of 12,560 m2 was classified as non-forested.
Amongst other things, Giorgos Kaloudis also stated the following:
"The natural beauty of Erimitis is the last paradise of Corfu. It does not belong to the Corfiots, it does not belong to the Council of State, it does not belong to the Greeks; it belongs to the next generations, to the unborn of the next thousand years from whom noone can steal it.
The Council of State is the best institution of our country and the legacy of Judge Michalis Dekleris, who made history as its President, is heavy.
In 2010-2015 with the memoranda, the Council of State was affected and went through a period of crisis. But since 2015 it has returned to being the main institution supporting the constitution from the arbitrary actions of the governments and the administration. The refuge of every wronged citizen.
The criminal and civil immunity that foreigners gave to the Hellenic Republic Asset Development Fund since 2011 with the first memorandum is a big scandal, so that it can carry out its crimes against Greek society.
The sale of Erimitis to the company for €2m when it had an objective value of €19m is also a major scandal. It is profiteering and your Court should also take that into account.
Your Court must also take into account that the Albanian coast is 2,650m away and the shareholders behind this company are unknown, and it is possible that they are Albanian at a time when the Rama government is seeking to expel the Greek minorities from Himara. We expect justice".
Giorgos Kaloudis stated the following legal positions:
1) The first contested act (elevation survey) shall be annulled because, in violation of a provision of law in substance:
a) It took the form of a ministerial decision instead of a presidential decree, as required by the Court’s case-law.
b) The elevation survey, which was approved by ministerial decree, does not meet the legal requirements and does not ensure the proper drainage of rainwater.
c) It did not take into account the paths that run through the property and the unhindered access to the forested areas, the coastline, the beach and the public areas of the property, as provided for in the Special Spatial Development Plan of Public Property and the urban planning study.
d) Due to ignoring the abovementioned three old paths, the elevation survey is contrary to the constitutional principles of sustainable development and proportionality. The existing paths had to be planned and highlighted in order to ensure access to the forest areas, the coastline and the beach, which are public assets.
2) The second contested act (building permit) shall be annulled because, in violation of a provision of law in substance:
a) It was issued by the Ministry for Environment and Energy's Directorate of Architecture, although this Directorate has the authority only for public properties, while the property in question lost its status as a public property, following the transfer of the building blocks to the company "New Corfu Real Estate Investments".
b) It was issued without the prior concession of the area required by the urban planning study for the creation of public areas and facilities to the North Corfu Municipality.
c) It was issued without the prior delimitation of the torrents of water that cross the property in Erimitis.
d) It was issued in excess of the maximum average permitted building factor of 0.033 to 0.43 instead of 0.40 and without taking into account the change in the status of the property from public to private from when it was acquired by the abovementioned company.
The Court granted an extension until 9 June 2023 to lodge any statements of case and additional evidence.
e) The permit was issued while the relevant act of classification of the property in terms of forestry legislation had not yet become final, since Ermitis Plus Association's application for annulment of the technical committee for the examination of the Corfu Regional Authority's objections was pending, with which the objections of the applicant Association against the classification act of the Corfu Forests Director had been rejected. Based on this act, an area of 12,560 m2 was classified as non-forested.
Amongst other things, Giorgos Kaloudis also stated the following:
"The natural beauty of Erimitis is the last paradise of Corfu. It does not belong to the Corfiots, it does not belong to the Council of State, it does not belong to the Greeks; it belongs to the next generations, to the unborn of the next thousand years from whom noone can steal it.
The Council of State is the best institution of our country and the legacy of Judge Michalis Dekleris, who made history as its President, is heavy.
In 2010-2015 with the memoranda, the Council of State was affected and went through a period of crisis. But since 2015 it has returned to being the main institution supporting the constitution from the arbitrary actions of the governments and the administration. The refuge of every wronged citizen.
The criminal and civil immunity that foreigners gave to the Hellenic Republic Asset Development Fund since 2011 with the first memorandum is a big scandal, so that it can carry out its crimes against Greek society.
The sale of Erimitis to the company for €2m when it had an objective value of €19m is also a major scandal. It is profiteering and your Court should also take that into account.
Your Court must also take into account that the Albanian coast is 2,650m away and the shareholders behind this company are unknown, and it is possible that they are Albanian at a time when the Rama government is seeking to expel the Greek minorities from Himara. We expect justice".
