Legality of the Revocation of the Property Grant to the Greek Archaeologists’ Association

From the Legal Advisor’s Office of the Ministry of Culture, the full text of the 761/2024 decision by the Council of State has been transmitted, which confirmed the revocation of the grant – by the Ministry of Culture (ΥΠΠΟ) – to the Greek Archaeologists’ Association (Σ.Ε.Α.) for the property at Ermou 134-136, which is classified as a “work of art” and is a declared modern monument.

The Court deemed the revocation of the grant as lawful, as it was established from the case documents that the Ministers of Culture in 1982 and 1996 granted the property exclusively to Σ.Ε.Α. for activities compatible with the monument by its archaeologist members. Additionally, they never granted Σ.Ε.Α. the right, either directly or indirectly, to lease the property to third parties for their activities. However, Σ.Ε.Α. systematically and for a long time leased the monument to third parties for various activities.

The decision explicitly mentions and considers the following:

1. Third-party activities within the monument, which were voluntarily reported to the Minister of Culture by the then-President of Σ.Ε.Α. in her letter of 4.8.2023 (e.g., annual celebrations of Alsace, Mexico, various bazaars, school events, book sales, etc.),
2. Third-party activities within the monument, which were discovered by the National Transparency Authority and/or proven by the case documents (e.g., yoga product sales, party by Greek Photojournalists, pie-cutting event by Kastanian residents, Ikarians’ celebration, accountants’ association meeting, etc.),
3. The written statement of the then-President of Σ.Ε.Α. to the Minister of Culture on 4.8.2023, indicating that the event on 18.7.2023 for the Pylos shipwreck was also organized by third parties, and that Σ.Ε.Α. agreed that the third-party organizers, musicians, and even event visitors would take care of the monument’s guarding and arrangement,
4. The continued unauthorized leasing of the monument by Σ.Ε.Α. to third parties, even after the revocation decision by the Administration. The decision notes that Σ.Ε.Α., after the revocation decision, rented the monument to a group identifying itself as “Assembly March 8,” which organized a party for feminism,
5. The written invitation from the Minister of Culture to Σ.Ε.Α. on 11.8.2024 to submit, if desired, a request for the grant of a property for its headquarters and the letter from the then-President of Σ.Ε.Α. on 15.9.2023, stating that Σ.Ε.Α. wanted a property, not for headquarters but only for temporary accommodation until the Council of State’s decision was issued. (Σ.Ε.Α. admitted this choice also in the Press Release of 31.10.2023). It is noted that the Ministry provided Σ.Ε.Α. with a property at Panos 19, where Σ.Ε.Α. placed its archive and library, and committed in writing to return it to the Ministry exactly on the third calendar day after the issuance of the Council of State’s decision, without any disturbance or other process. However, Σ.Ε.Α. violated even this temporary grant, as the 761/2024 decision of the Council of State was published on 29.5.2024, but Σ.Ε.Α. has not yet returned the property at Panos 19.

Finally, regarding the union rights that Σ.Ε.Α. claimed, the Court found that the basic requirement for a body to be considered a trade union organization, i.e., registration in the country’s Trade Union Books, does not exist. It is noted that Σ.Ε.Α. never denied that it is not registered in these Books but stated that it considers this finding of the Court as “insignificant” (Press Release of 31.5.2024).

Following the above, the Supreme Administrative Court of the Country concluded that Σ.Ε.Α. may freely carry out activities according to its statutory purposes, but not within the monument at Ermou 134-136, whose grant it systematically violated.

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