CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 5 juin 1990

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  Application No. 13092/87 by The Holy Monasteries of Ano Xenia, Ossios Loucas, Aghia Lavra Kalavryton, Metamorphosis Sotiros in Megalo Meteoro and Assomaton Petraki and six individual applicants against Greece   Application No. 13984/88 by The Holy Monasteries of Chryssoleontissa Eginis, Phlamourion Volou and Mega Spileo Kalavryton and four individual applicants against Greece           The European Commission of Human Rights sitting in private on 5 June 1990, the following members being present:                 MM. C.A. NØRGAARD, President                   J.A. FROWEIN                   S. TRECHSEL                   G. SPERDUTI                   E. BUSUTTIL                   G. JÖRUNDSSON                   J.-C. SOYER                   H. DANELIUS                   G. BATLINER              Mrs.   G. H. THUNE              Sir   Basil HALL              Mr.   C. L. ROZAKIS              Mrs.   J. LIDDY              MM.   L. LOUCAIDES                   J.-C. GEUS                Mr.   H.C. KRÜGER, Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms ;           Having regard to :           the application introduced on 16 July 1987 by The Holy Monasteries of Ano Xenia, Ossios Loucas, Aghia Lavra Kalavryton, Metamorphosis Sotiros in Megalo Meteoro and Assomaton Petraki and 6 Priest-Friars against Greece and registered on 21 July 1987 under file No. 13092/87 ;           the application introduced on 15 May 1988 by The Holy Monasteries of Chryssoleontissa Eginis, Phlamourion Volou and Mega Spileo Kalavryton and four individual applicants against Greece and registered on 28 June 1988 under file No. 13984/88 ;           the report provided for in Rule 40 of the Rules of Procedure of the Commission ;           the written observations submitted by the respondent Government on 22 September 1988 on the admissibility and merits of application No. 13092/87 and the observations submitted in reply by the applicants on 9 January 1989 ;           the written observations of the respondent Government on the admissibility and merits of Application No. 13984/88 submitted on 26 June 1989 and the observations submitted in reply by the applicants on 22 September 1989 ;           the Commission's Decision of 4 December 1989 to join the applications ;           the oral submissions of the parties at the hearing of 5 June 1990 ;           Having deliberated ;           Decides as follows :   THE FACTS           The facts of the case may be summarised as follows.           The applicants in Application No. 13092/87 are the following monasteries and monks:           1.   The Holy Monastery Ano Xenias of Ano Xenia established in the 9th century A.D.;           2.   The Holy Monastery of Ossios Loucas of Steirio, established in the 10th century A.D.;           3.   The Holy Monastery of Aghia Lavra Kalavryton in Achaia, established in the 10th century A.D.;           4.   The Holy Monastery of Metamorphosis Sotiros in Megalo Meteoro, established in the 14th century A.D.;           5.   The Holy Monastery Assomaton-Petraki of Athens, established in the 10th century;           6.   The Priest-Friar Archimandrite Nectarios Doras (known in his secular life as Demetrios), Superior of the Holy Monastery Ano Xenias;           7.   The Priest-Friar Archimandrite Nikodimos Zaloumis (known in his secular life as Georgios), Superior of the Holy Monastery Ossios Loucas;           8.   The Priest-Friar Archimandrite Nikodimos Dimakopoulos (known in his secular life as Evangelos), Superior of the Holy Monastery Aghia Lavra Kalavryton.           9.   The Priest-Friar Archimandrite Athanassios Anastassiou (known in his secular life as Alexios), Superior of the Holy Monastery of Metamorphosis Sotiros in Megalo Meteoro;           10.   The Priest-Deacon Vissarion Vassou (known in his secular life as Spiridon), resident in the Holy Monastery of Assomaton-Petraki;           11.   The Priest-Friar Konstantinos Ramiotis, Priest of the Church Agios Demetrios in Neochorio Artas.             Application No. 13984/88 has been introduced by the following applicants:           1.   The Holy Monastery of Chryssoleontissa Eginis;           2.   The Holy Monastery of Phlamourion Volou;           3.   The Holy Monastery of Mega Spileo Kalavryton;           4.   Mother Catherine Kalamaki (known in her secular life as Theodouli), Superior of the Holy Monastery of Chryssoleontissa Eginis;           5.   The Archimandrite Daniel Pourtsouklis (known in his secular life as Dionyssios), Superior of the Holy Monastery of Phlamourion Volou;           6.   The Archimandrite Nikiphoros Theodoropoulos (known in his secular life as Constantinos);           7.   The Priest-Friar Konstantinos Ramiotis, Priest of the Church Agios Demetrios in Neochorio Artas;           The applicants are represented before the Commission by Mr.   P. H. Bernitsas, Attorney at Law.           The applications concern the Law 1700/1987 which modifies the rules governing the administration of monastic property and which provides for the transfer of a large part of the applicants' immovable property to the Greek State.           The applicant monasteries accumulated extensive property by donations before the formation of the Greek State in 1829.   A great percentage of this property had already been expropriated during the first years of the existence of the Greek State.   Moreover, large segments of monastic property were offered by the monasteries to the State or to landless people.           The ownership of this property by the monasteries has not been challenged.   Moreover "usucapio" (adverse possession) has always been invoked by the monasteries as a subsidiary means to prove ownership of land in cases where the original titles were either destroyed or could not be produced.           Apart from the aforementioned property acquired over the centuries, the monasteries own land and buildings acquired by them in recent times by normal civil law procedures such as purchase, donation or inheritance.           The legal status of the Church of Greece and of the         applicant Holy Monasteries           Article 3 para. 1 of the Greek Constitution of 1975 provides as follows:           "Relations of Church and State         The prevailing religion in Greece is that of the Eastern         Orthodox Church of Christ.   The Orthodox Church of Greece,         acknowledging our Lord Jesus Christ as its head, is         inseparably united in doctrine with the Great Church of         Christ in Constantinople and with every other Church of         Christ of the same doctrine, observing unwaveringly, as         they do, the holy apostolic and synodal canons and sacred         traditions.   It is autocephalous and is administered by the         Holy Synod of serving Bishops and the Permanent Holy Synod         originating therefrom and assembled as specified by the         Statutory Charter of the Church in compliance with the         provisions of the Patriarchal Tome of 29 June 1850 and         the Synodal Act of 4 September 1928."           The Church of Greece, as well as all institutions depending upon it - including Greek orthodox monasteries - are legal entities of public law (Article 1 para. 4 of the Statutory Charter of the Church of Greece).           According to Article 19 of the Statutory Charter of the Church of Greece, the Holy Monasteries are religious institutions for the asceticism of men and women living in them pursuing the monastic principles, the holy rules on asceticism and the traditions of the Orthodox Church of Christ.           Protection of property under Greek constitutional law           Article 17 of the Greek Constitution provides as follows:           "1.   Property is protected by the State; rights deriving         therefrom, however, may not be exercised contrary to         the public interest.           2.   No one shall be deprived of his property except for         the public benefit, which must be duly proven, when and         as specified by law and always following full compensation,         corresponding to the value of the expropriated property         at the time of the court hearing on the provisional         determination of compensation.   In cases in which a         request for the final determination of compensation is         made, the value at the time of the court hearing of         the request shall be considered.           3.   Any change in the value of expropriated property         occuring after publication of the act of expropriation         and resulting exclusively therefrom shall not be taken         into account.           4.   Compensation shall in all cases be determined by         civil courts.   Such compensation may also be determined         provisionally by the court after hearing or summoning         the expropriator, who may be obliged, at the discretion         of the court, to furnish a commensurate guarantee for         collecting the compensation as provided by law.   Prior         to payment of the final or provisional compensation         determined by the court, all rights of the owner shall         be maintained intact and occupation of the property by         the expropriator shall not be allowed.           Compensation in the amount determined by the court must         in all cases be paid within one and a half years at the         latest from the date of promulgation of the decision on         the provisional compensation payable and, in cases of a         direct request for the final determination of compensation,         on the date of promulgation of the court decision, otherwise         the expropriation shall be revoked ipso jure.   The         compensation as such is exempt from any taxes, deductions         or contributions."           Rules concerning monastic property           According to Law 4684/1930 the property of the monasteries was designated as property "to be sold" (ekpoiitea) or "to be maintained" (diatiritea).   The property to be maintained was deemed to be the property necessary for the functioning of the monasteries and included all acquisitions after the publication of Law 4684/1930. Property to be sold was deemed to be the remaining property.   The classification of which property fell within which category has been effected by decrees issued separately for each monastery.           The management of the property to be maintained was left to the Holy Monasteries and was exercised according to the laws and decrees issued, the decisions of the Holy Synod (*) (Iera Synodos) of the Church of Greece and the internal regulations of each monastery.           The property to be sold remained in the ownership of the monasteries but the management was exercised by a church institution, the for the administration of church property).   According to the statutory Charter of the Church of Greece (Law 590/1977), the ODEP was under the supervisory authority and control of the Holy Synod which appointed the members of its board.   In respect of its administration of monastic property the ODEP had full legal capacity to act in all legal proceedings concerening the monasteries.   The liquidation of property to be sold by the ODEP presupposed an authorisation by the Board of each monastery.           On 6 May 1987 Law 1700/1987 was published in the Official Gazette of Greece.   Article 1 of this Law reads as follows:           "1.   On the coming into force of this law the Organisation         for the administration of church property (ODEP) is assigned         ipso jure the exclusive administration, management and         representation of all the immovable property belonging to         monasteries, in relation to which it already has active and         passive legal capacity, regardless of whether such property         belongs in accordance with the legislation in force to the         category of property 'to be maintained' or property 'to be         sold'."           Paragraph 3 of the above Article reads:           "By Presidential Decree issued following the proposal of         the Ministers of National Education and Religion, Economy         and Agriculture, there shall be laid down, in modification         of the legal provisions in force, the terms and procedure         for the sale, lease, concession of use and development by         the ODEP of movable and immovable monastic property and         any other question related to the administration and         management of such property in general.   The same decree         may also authorise other administrative bodies to regulate         every detail of its application by regulatory decisions.         Specifically in case of the sale of buildings or building         land belonging to monasteries or a concession of any real         property right thereon, it is necessary to have the consent         of the Holy Monastery which is the owner, failing which the         relevant contract is null and void."           Further, Article 8 of this law provides that members of the ODEP are to be appointed by ministerial decision of the Minister of National Education and Religion.   According to this Article the Central Administrative Board of the ODEP has the following membership:           a) the Chairman who is appointed together with his deputy by the Government following the proposal of the Minister of National Education and Religion;   ---------- (*)      The body of serving bishops and the executive organ of the         Church of Greece cf.   Article 3 para. 1 of the Constitution         quoted above.           b) three members appointed together with their deputies by the Permanent Church Council (DIS) and           c) three members appointed with their deputies by the Minister of National Education and Religion.           Articles 2 and 3 of Law 1700/1987 read as follows:           Article 2           "1.   Monastic real property which on the coming into force         of this law is in the ownership or possession of the ODEP,         the Holy Monasteries or any third party, may be disposed         of by the ODEP by concession of their use for development         and exploitation, preferably to farmers who are members or         by such concession become members of agricultural cooperatives,         as well as to agricultural cooperatives and State agencies.         In exchange for such a concession the ODEP shall pay to the         Holy Monastery concerned 5 % of the gross revenue from the         concession which will be used for the monastery's needs.           Real property within the meaning of this provision includes         agricultural land and land liable to agricultural exploitation,         forest areas in general, pastures, grass meadows or other         agricultural areas in general, as well as quarries, mines         and fish farms.           2.   Within a deadline of six months from the coming into force         of this law the ODEP may transfer to the Greek State by         contract to be signed between the former, as representative         of the Holy Monasteries, and the Ministers of National         Education and Religion, Agriculture and Economy, as         representatives of the Greek State, the ownership of the         aforementioned monastic real property, as well as the land         belonging to Holy Monasteries which has become part of         city plans (building land) after 1952.   This transfer of         ownership to the Greek State does not affect the validity         of a concession of use which has been granted in accordance         with the terms of the previous paragraph, with the exception         of the term concerning the payment of a percentage of the         revenue, which percentage will now be paid to a corporation         to be created and will be used for educational needs.   Until         the creation of the above mentioned corporation this         percentage of the revenue will be deposited in a special         account of the Bank of Greece on behalf of the Ministry         of National Education and Religion.           3.   Exempted from the provisions of this Article are areas         belonging to the Holy Monasteries and destined exclusively         for cultivation by the monks themselves.   The extent of these         areas is to be determined for each monastery depending on         the number of monks living therein, as well as the needs of         each monastery for environmental protection.   Areas owned         by the monasteries destined for camps and for the purposes         of other church foundations are also exempted.   Such areas         are determined by decisions of the Ministers of National         Education and Religion, Agriculture and Environment and         Public Works, which decisions are to be issued following         the opinion of the ODEP for each Holy Monastery, camping         and church foundation.           Article 3           1.   Should the deadline in paragraph 2 of Article 2 expire         without results, the property rights over monastic assets         are regulated in accordance with the following provisions:           A) Real property which is under the use or ownership of the         Holy Monasteries at the entry into force of this law is deemed         to be the property of the Greek State, regardless of its form         of administration, management or exploitation, unless the         property right of the monastery a) is derived from a legal         title issued before the day of deposit of the bill which has         been registered or will be registered within an exclusive         deadline of six months from the beginning of the validity of         this law, b) has been recognised by law or by an irrevocable         court decision against the State.   The same is also the case         for real property which is used or possessed by a monastery         but has been occupied by third persons.           B) The use and possession of the real property which is         considered to belong to the State in accordance with the         preceding clause and whose ownership was not transferred to         the State in accordance with Article 2 comes to an end and         is transferred ipso jure to the Greek State.   Any form of         administration, management and exploitation of such property         ceases, regardless of the category to which this property         belongs in accordance with the legislation in force.   The         State exercises from now on, against any third party, the         Holy Monasteries and the organisations for the management         of their property the rights derived from ownership, use         and possession of these assets.   Their management and         administration is henceforth exercised by the Ministry         of Agriculture in accordance with the provisions of the         legislation formerly in force and this law.   This transfer         of property does not affect the validity of a concession         of use which has been effected in accordance with Article         2 para. 1 of this law, with the exception of the term         concerning the percentage of the revenue, which will be         paid to the corporation provided for in Article 9 of this         law and will be used for the needs of education.   Until the         creation of the above mentioned corporation the percentage         of the revenue will be deposited in a special account at         the Bank of Greece on behalf of the Ministry of National         Education and Religion.           2.   Real property within the meaning of this Article includes         agricultural land and land liable to agricultural exploitation,         forest areas in general, pastures, grass meadows or other         agricultural areas in general, as well as quarries, mines         and fish farms.   Real property also encompasses building         land, even if it has been included in city plans, provided         this inclusion in city plans took place after 1952.           3.   To Holy Monasteries which do not own sufficient real         property there may be conceded free of charge land which is         already in their possession in accordance with paragraph 1         of this Article, exclusively for cultivation by the monks         themselves.   The extent of such land will be determined for         each monastery depending on the number of monks living         therein as well as the needs of each monastery for         environmental protection.   This concession shall take place         within an exclusive deadline of one year from the end of the         deadline in paragraph 1 of this Article, by contract between         the State, represented by the Ministers of National Education         and Religion, Environment and Public Works and Agriculture,         and the legal person administering the monastery's assets in         accordance with the legislation in force."           Article 4 of Law 1700/1987 provides that within a deadline of two months from the end of the above six month time-limit (Article 3 para. 1 (a)) any person being in possession of an immovable asset considered to be the property of the State should "deliver" (i.e. complete the contract of transferring ownership) it to the competent State authorities.   An administrative expulsion procedure (compulsory transfer) will be used to ensure "delivery".   Moreover, the contractual rights of third parties over immovable property cease ipso jure six months after the transfer of the property.           Article 4 paras. 4 to 7 provides for remedies which may be pursued in the context of the transfer procedure:           " 4.   The person 'expelled' is entitled to appeal asking for         invalidation of the transfer document, if the document was         issued in violation of an essential form or without the         legal prerequisites therefor.           5.    The appeal must be made within 60 days of notification         of the transfer document.   This deadline and the appeal         do not suspend the enforcement.   The administrative court         of appeal is competent to decide the appeal.   In all other         respects the provisions of the Administrative Procedure         Code are applicable.           6.    The decision of the administrative court of appeal         is subject to cassation appeal before the Council of State         in accordance with the provisions of Law 170/1973.   The         cassation appeal is submitted by all the parties which         are entitled thereto within 60 days of notification of         the decision of the court of appeal.           7.    Regardless of the appeal against the transfer document, the         person "expelled" and any third party are entitled to bring         an action before the competent civil court in accordance with         the general civil procedure provisions, claiming real rights         over the property.   This action may be introduced within a         strict time-limit of one year starting: a) in case of voluntary         transfer of the property, on the date of the relevant transfer         and transfer document and b) in case of compulsory transfer,         if an appeal has not been introduced in time, on the date of         the receipt of the compulsory transfer document and where an         appeal has been introduced against that document, on the         date of notification of the decision of the administrative         court of appeal."           Implementation of the provisions of the Law 1700/1987           By decision of 10 July 1987 the Council of Ministers appointed the President of the Central Administrative Board of the ODEP.   On 16 July 1987 the Minister of National Education issued a decision concerning the organisation of the Central Administrative Board of the ODEP in accordance with Article 8 of Law 1700/1987.           The applicants in the Application No. 13984/88 challenged the latter decisions before the Council of State (Symvoulio tis Epikrateias), alleging that Law 1700/1987 was contrary to the Constitution and the Convention.           In its decision 5057/1987 of 7 December 1987 the Council of State held the following:           "The provisions of Article 3 para. 1 of the Constitution ratify the holy canons and traditions of the Orthodox Church.   However, such constitutional ratification, referring to holy canons and dogmatic traditions and concerning the sphere where the sovereign rights of the Church are exercised cannot be considered as extending to the canons and traditions related to matters of administrative nature.   Such matters, under the influence of time and newer concepts, are necessarily liable for modification for the purpose of promoting the mutual interest of the Church and the State and are settled by the common legislator in accordance with social needs, pursuant to the provisions of article 72 of the Constitution. Nevertheless the legislator cannot, according to the spirit of such provisions, modify by law the fundamental and essential administrative institutions which have long been estabished in the Orthodox Church.   On the other hand these same provisions enshrine the self-government of the Church. This includes its power to decide on its affairs through its own organs composed as provided for by law and recognises the right of the Church to be administered by the Holy Synod and the Permanent Holy Synod organised in accordance with the law and the provisions of the Patriarchal tome of the 29th June 1850 and the Synodical Act of the 4th September 1929 concerning the composition of these bodies.   In accordance with the majority opinion of this Court, the provisions of the 1700/1987 entrusting the ODEP, a public law entity, whose Central Administrative Board members are appointed in their majority by the State, with the administration and management of the property of holy monasteries are not contrary to the constitutional principle of the self-government of the Church or to religious freedom and Articles 9 and 11 of the Rome Convention, the Charter of the U.N. of 16 February 1946 and the Final Act of Helsinki of 1 July 1976.   These questions, which are not related to dogma and cult are of a purely administrative nature and are not even related to fundamental administrative church institutions.   Moreover, the provisions of Law 1700/1987 do not fundamentally modify ecclesiastical institutions since the administration and management of the monastic and church property had already been assigned to the ODEP, whose Central Administrative Board when first formed consisted in its majority of lay members proposed by the State. Therefore, the allegations made are ill-founded and must be rejected.           However, one of the members of this Court supported the following view, which was followed by one of the asessors.   The provisions of Article 3 of the Constitution disposing that the Church of Greece is administered by "the Synod of serving Metropolites" does not only protect the self-government of the Church in the sense that it is governed by Metropolites but also its right to administer, manage and dispose of, according to its own will, as any owner, any movable or real property belonging to it and to the other church entities in order to achieve its non-lucrative objectives, i.e. the establishment and promotion of the orthodox faith of its members.   Monastic communities constitute essential parts of this Church which, despite their characterisation (by Article 1 para. 4 of Law 590/1977) as public law entities, are derived, like the Church, from the area lying outside the jurisdiction of the State.   Monastic life has also constituted a fundamental mode of cult of God.   Therefore, the deprivation by the provisions of Law 1700/1987 (Article 1 paras. 1 and 3) of all Monasteries of the administration and management of their existing and future property (movable and real property, building and agricultural land), and the assignment of such powers, without the Monasteries' consent, to the ODEP most of whose members are appointed by the State and which is therefore alien to the administrative structure of the Church, limits in an impermissible manner the self-government of the monasteries and consequently the principle of the self-government of the Church, in view of the fact that in accordance with the Holy Canons monks must be landless.   Such a regulation violates first the above-mentioned article of the Constitution which does not permit modification of administrative institutions of the Church to such an extent as to reverse its self-government, and secondly, it seriously hinders the exercise of cult by means of monastic life, since monastic cult cannot be exercised "without hindrance" as guaranteed in Article 13 para. 2 of the Constitution.   Finally it should be noted that since 1953 the ODEP had an Administrative Board appointed in its majority by the Church and was presided over by the Archbishop of Athens.   The precedents to the contrary invoked by the majority opinion refer to isolated particular cases and not to the administration of monastic property as a whole.   Therefore, in accordance with the opinion of the minority the allegations of the applicants are well-founded.           It is further alleged that the provisions of Law 1700/1987 entrusting the ODEP, an entity being alien to the Church and not controlled by it, with the administration of monastic property and permitting the transfer of such property to the State without any exchange, are contrary to Articles 17 and 7 para. 3 of the Constitution since they impose a non-permissible confiscation of the above-mentioned property, deprive the monasteries of their property and impose restrictions on property rights which are not permitted by the Constitution.           Article 7 para. 3 of the Constitution provides that general confiscation is prohibited.   Article 17 of the Constitution rules that property is under the protection of the State, but the rights derived therefrom may not be exercised to the detriment of the public interest (para. 1).   No-one can be deprived of his property unless for reasons of duly proven public interest, according to the law and always following prior complete indemnisation which must correspond to the value of the expropriated property.   This last constitutional provision prohibits deprivation of a person's property without the fulfilment of the conditions specified therein.   However, the legislator is not hindered from introducing on the basis of objective criteria and in the public interest limitations in property, provided that these limitations do not abolish or inactivate property rights (cf.   Council of State decisions 1034/1978, 6711/1979, 3466/1980, 1503/1982 etc.)           In accordance with the majority opinion of this Court the stipulations of Law 1700/1987 which provide for the transfer to the Greek State of monastic agricultural and other land being in the possession of the monasteries without lawful property titles are not contary to Article 17 of the Constitution.   Such provisions do not deprive the monasteries of their property rights on the above- mentioned land since the law provides that such land does not belong to them.   Moreover, the provisions of the same law, which refer to the sale of the urban assets of the holy monasteries or the concession of rights thereon by decision of the ODEP, a body functioning within the framework of the administrative organisation of the Church, do not offend the property rights of the monasteries, since their implementation requires the consent of the monastery owning the asset.   Without such consent the contract is absolutely null and void.   Finally, the provisions referring to the exploitation by the ODEP of the urban assets, mines, quarries and vivariums belonging to monasteries or any other church institution, and those concerning the administration and management of the agricultural property of the monasteries in general, are not contrary to the Constitution.   As regards (...), administration and management of agricultural property of the monasteries in general and the exploitation and further exploitation of urban assets, the relevant stipulations do not entail deprivation of property since the property as such of the land concerned remains with the monasteries and in any event the income from the management of the above-mentioned property by the ODEP is used for church purposes.   This regulation imposes limitations which are permitted by the Constitution and are imposed in the interests of the monasteries and in the public interest as well. Therefore, the allegations of the applicants relating to the violation of Articles 12 paras. 5 and 6 and 20 of the Constitution and Article 1 of the Additional Protocol of Paris of 20 March 1952 to the Convention of Rome, which contain provisions similar to Article 17 of the Constitution, are ill-founded and must be rejected.           Two of the members of this Court supported the following opinion, which was followed by one of the assessors.   The assignment under the above conditions of the administration and management of all monastic property in general to the ODEP even "in modification of the provisions in force" (Article 1 para. 3 of Law 1700/1987) does not merely constitute a limitation of property tolerated by the Constitution, but affects in a non-permissible manner and without complete indemnisation the very essence of the monasteries' property rights.   This becomes more evident from the fact that the sole power left to the monasteries is to agree or disagree to the sale of their urban assets or the concession of real rights thereon by the ODEP but they may not decide on such sale or concession, since such decision may be made only by the ODEP which resolves dominantly, that is without even the opinion of the monastery, on the sale of agricultural land and the "exploitation or further exploitation" of their real property in accordance with Article 7 of Law 1700/1987.   As regards the movable property of the Monasteries, some of which is of particularly high value (e.g. icons of monastery museums, valuable relics, shares etc.) these are managed by the ODEP without any limitations whatsoever.   Besides, it should be noted that Law 1700/1987 does not specify the fate of the income from exploitation of monastic property.   On the contrary, it appears from Articles 2 para. 2, 3 para. 1 (b) and 9 of Law 1700/1987 that the income from "exploitation or concession of use of monastic and church property in general" becomes the possession of a private law entity, created under Article 9, which has no church objects.   Thus the provisions of Law 1700/1987 are in acute opposition not only to Article 17 of the Constitution but also to the provisions of the Rome Convention (Article 1 of the Additional Protocol) and the EEC Treaty.   The provisions of these treaties prevail over any provisions of law (Article 28 para. 1 of the Constitution) and create international responsiblity for the Greek State.   Therefore, in accordance with the minority opinion, the allegations of the applicants are well-founded.           It is further submitted that the provisions of Article 8 para. 1 of Law 1700/1987 are contrary to the constitutionally protected independence of the Orthodox Church of Greece (Article 3 para. 1 of the Constitution).   This allegation is ill-founded, since the above-mentioned provisions of Law 1700/1987 are not related to the independence of the Orthodox Church of Greece declared in Article 3 para. 1 of the Constitution.           It is further alleged that the provisions of Law 1700/1987 violate Article 4 para. 1 of the Constitution since they introduce an unjustified discriminatory treatment of the Orthodox Church of Greece in comparison to monasteries belonging to the ÷cumenic Patriarchate and the ÷cumenic Patriarchate itself, the Patriarchates of Alexandria, Jerusalem, the Holy Sepulchre, the Holy Monastery of Sinai and monasteries of other confessions or religions.   This allegation is ill-founded since the Orthodox Church of Greece, being an instrument and expression of the prevailing religion, according to Article 3 para. 1 of the Constitution, is not under the same conditions in relation to the other Orthodox churches, confessions or religions. Therefore the legislative stipulations concerned do not violate the constitutional principle of equal treatment.           It is moreover submitted that the stipulations of the Law 1700/1987 violate Article 5 para. 1 of the Constitution in that orthodox citizens who desire to financially support monasteries are hindered in the free development of their personality since, against their will, the administration and management of the donated property will not be entrusted to the monasteries but to the ODEP.   Furthermore, it is alleged that these stipulations affect the individual right of religious freedom of the members of monastic communities, as well as of the persons desiring to found a monastery.   The reasons invoked are ill-founded since the individual right of free development of personality, which is guaranteed in Article 5 para. 1 of the Constitution is not absolute but is subject to the limitations of the Constitution and the law.   In this case the limitations imposed by the above-mentioned provisio