The post by Euripides Stylianidis regarding articles proposed by New Democracy regarding the Constitutional Revision.
An explicit constitutional provision for the protection of property, the obligation to pay compensation in cases where restrictions on the use of real property are imposed for reasons of public benefit, even without expropriation, as well as an explicit provision in the Constitution for dynamic urban planning, and the state’s obligation to ensure the utilization of abandoned buildings for social purposes, as proposed by New Democracy through the amendment of Article 17 of the Constitution, according to statements made to the Constitutional Revision Committee by New Democracy’s general rapporteur, Euripides Stylianidis.
New Democracy proposes strengthening housing policy by expanding the constitutional provision of Article 21, paragraph 4, so that it also covers the state’s responsibility to provide affordable housing. In the revision of Article 21, the New Democracy party proposes to include Intergenerational Justice, defined as the moral and political obligation to ensure a fair distribution of opportunities, resources, and burdens fairly among generations.
At the core of the parliamentary majority’s proposal to revise Article 24 of the Constitution is the inclusion of an explicit constitutional reference to the obligation to take measures toclimate change, the effective management of water resources, the promotion of renewable energy sources, the enshrinement of environmental balance in all government action, and the protection of animals.
Articles 17, 21, and 24 of the Constitution—which have been included in the New Democracy proposal—”establish three important rights, which must be further developed, safeguarded or supplemented in light of developments and new needs that have arisen,” said the New Democracy party’s general rapporteur.
Article 17 (protection of property, expropriation)
Referring to the New Democracy proposal to revise Article 17 (protection of property, expropriation), Mr. Stylianidis noted that—according to established case law—Greek courts accept that the constitutional protection of property provided by Article 17 of the Constitution is limited to real property rights and does not cover contractual rights, namely inheritance rights, bank deposits, stocks, or intangible rights—that is, intellectual, industrial, and commercial property rights—which are now more vulnerable due to the capabilities of artificial intelligence. Changes in socioeconomic conditions demonstrate that limiting constitutional protection of property to real rights does not correspond to contemporary circumstances, according to the New Democracy party’s general rapporteur, who added that his party proposes extending the constitutional guarantee of Article 17 of the Constitution to include the protection of property, so that it encompasses all property rights. Previously, he had spoken about the First Additional Protocol to the ECHR, which enshrines the right to property, while the European Court of Human Rights has also accepted in its case law that the term “property” as used is broader than the term “ownership” and does not include only real rights. Furthermore, the Charter of Fundamental Rights of the European Union explicitly protects intellectual property.
New Democracy proposes the introduction of a provision in Article 17 of the Constitution regarding the payment of compensation in cases where restrictions on use are imposed for reasons of public interest, even without expropriation. “There are cases where restrictions are imposed on the exercise of property rights for reasons of public benefit, which, although they do not technically constitute expropriation, have significant impacts on property, such as for urban planning or environmental protection. In such cases, the citizen is effectively deprived of their property for reasons of public benefit, yet they receive no compensation because there is no formal act of expropriation. Greece has been repeatedly condemned by the ECHR in related cases,” emphasized Mr. Stylianidis.
The proposed amendment also includes the establishment of dynamic urban planning, which will ensure the possibility of Building Coefficient Transfer. Building Coefficient Transfer (BCT) is the urban planning process through which unused building rights are removed from one property and added to another. Its purpose is to provide in-kind compensation to property owners whose properties are subject to substantial ownership restrictions, such as listed or expropriated properties, e.g., for the creation of public spaces.
The New Democracy party also proposes adding a provision to Article 17 of the Constitution that would allow for the use of abandoned buildings for social purposes, noting that abandoned buildings degrade social and economic life, as well as the city’s image. At the same time, the shortage of housing supply exacerbates the housing crisis.
Article 21 (Protection of the Family)
New Democracy proposes strengthening housing policy by expanding the constitutional provision of Article 21, paragraph 4 to include the state’s responsibility to provide affordable housing. “This is not a wish, but a directive to the legislature to prioritize and intensify the state’s commitment to providing affordable housing,” explained the ruling party’s rapporteur, emphasizing that today 26.4% of Greeks spend more than 40% of their income on housing and, in fact, this percentage—which has improved compared to 2019—remains the highest, while the European average is just 7.7%. Mr. Stylianidis referred to the housing policy formulated by the current government, a key component of which is the “My Home” program and the “social contribution.”
In the revision of Article 21, the New Democracy party proposes to include Intergenerational Justice, defined as the moral and political obligation to distribute opportunities, resources, and burdens fairly among generations. This is a principle directly linked to sustainable development, democracy, and human rights, as noted by the New Democracy MP, who explained that Intergenerational Justice is a cross-cutting concept that runs throughout the Constitution and requires consideration of the long-term impact of public policies on future generations. According to him, the introduction of a constitutional provision will ensure that intergenerational justice and solidarity are taken into account when designing public policies.
Article 24 (Environmental Protection)
The aim of New Democracy’s proposal to revise Article 24 of the Constitution is to include an explicit constitutional reference to the obligation to take measures to address the phenomenon of climate change, the effective management of water resources, the promotion of renewable energy sources, the safeguarding of environmental balance in all state interventions, and the protection of animals. Climate change is responsible for the increased frequency and unprecedented intensity of extreme weather events. We experienced the devastating consequences of Cyclone Ianos in 2020 and Storm Daniel, which struck Thessaly in 2023. Even modern infrastructure projects prove inadequate if their specifications are not adapted to new climate realities and do not properly account for the intensity and frequency of such events.
“The Constitution must address the effective management of water resources so that it adequately meets the needs for water supply, irrigation, energy production using new Artificial Intelligence systems, such as those for smart agriculture,” noted the New Democracy spokesperson, adding that the promotion of renewable energy sources will contribute to the energy transition and to achieving climate neutrality goals. “An important element of modern thinking is the environmental balance, which implies that every government intervention must assess its environmental cost and provide for compensatory measures, so that the overall result does not lead to a net deterioration,” Mr. Stylianidis emphasized. He also noted that conditions are now ripe for animal protection to be included in the upcoming revision.
