REPORTS
Failure of the administration to protect a traditional settlement in Paros from unlawful construction
Following a complaint, the Ombudsman’s investigation into this case found “flagrant violations” of the legislative framework for the protection of streams and waterways, as well as serious failures by the administration in its duty to protect the traditional settlement of Parikia in Paros.
According to Council of State case law, watercourses are important elements of the natural environment and should therefore be preserved in their natural state and protected from any development that could cover or restrict their course. However, despite the importance of streams for the protection of the environment as well as to protect settlements from flooding risks, the Ombudsman found that unauthorised properties had been built on a stream flowing into Livadia beach, impairing and degrading the water course.
The independent authority found that in some places the stream had been curtailed by three or four metres, or had been built upon or covered completely and used as a courtyard for residential and hotel units, in violation of Laws 4067/2012 and 4258/2014.
Furthermore, according to the reasoning of the Ombudsman within its interpretation of articles 43 (2), 24 (1, 2) and 101 (1, 3) of the Constitution, the delimitation of watercourses in areas which, because of their character, require special protection (for example, archaeological sites, landscapes of particular natural beauty, sensitive ecosystems, areas of particular environmental interest, as well as traditional settlements) must necessarily be carried out by means of a Presidential Decree (PD). However, although the region is indeed a traditional settlement, the administration has failed to protect the area by issuing a Presidential Decree.
The Ombudsman has therefore asked the Minister of Environment and Energy to take measures to protect Parikia in Paros by issuing the Presidential Decree as soon as possible as well as demolishing all unlawful constructions and commissioning a study to propose flood protection measures.
In a state governed by the rule of law, the state authorities are obliged to apply the law, developing residential areas in accordance with the law whilst taking all necessary measures to protect the natural environment.
However, the Ombudsman’s conclusions show that in this case, Laws 4067/2012 and 4258/2014 were violated, resulting in encroachments upon the waterways and unlawful construction. Furthermore, the state had failed in its duty to issue a Presidential Decree to ensure the protection of this traditional settlement.
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