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Greek Legislation and Regulatory Framework in Civil Protection: a Comparative Analysis of Pre and Post the 4662/2020 Law

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Greek Legislation and Regulatory Framework in Civil Protection: a Comparative Analysis of Pre and Post the 4662/2020 Law IPRPD International Journal of Arts, Humanities & Social Science ISSN 2693-2547 (Print), 2693-2555 (Online) Volume 01; Issue no 06: November 07, 2020 An ongoing process? Greek Legislation and Regulatory Framework in Civil Protection: A comparative analysis of pre and post the 4662/2020 Law Christos Zacheilas1, Nikos Papadakis2 1 PhD Candidate, Department of Political Sciences, University of Crete, Greece, Email: [email protected] 2 Professor & Director of the Centre for Political Research & Documentation (KEPET), Department of Political Science, Deputy Director of the University of Crete Research Center for the Humanities, the Social and Education Sciences (UCRC), University of Crete, Greece, Email: [email protected] Received: 30/10/2020 Accepted for Publication: 05/11/2020 Published: 07/11/2020 Abstract The aim of this article is to examine and analyze modifications and changes in the regulatory framework (Law Changes) regarding Civil Protection in Greece, the way these changes are triggered and the time gap between each of those changes. Greece, over the years, has seen many changes in its Civil Protection legislation, each of them being triggered in different time periods and for different reasons. It is important to compare these changes with the previous Laws that were implemented, to check the responsiveness to emerging needs, as well as to focus on points that are important to be clearly outlined or are maybe in need of revision. The reasons that trigger a change in the regulatory framework can vary and are usually a result of the political situation of the country, the scientific and technological advancements, the responses of country mechanisms as well as the consequences of large scale disasters, the green policies initiatives and the European Guidelines. Keywords: Civil Protection, Greece, Legislation, Regulatory Framework, Law Changes 1. Introduction Floods are one of the main issues Mediterranean countries are called to tackle, since they are responsible for extended damages and a high number of victims when they take place. Urbanization and overpopulation are two of the main reasons related to an increased flood risk in those countries. It is therefore very important for a regulatory framework to clearly dictate the actions and measures that need to be taken, in order to minimize the damages and casualties in case of such an event, as well as, all the necessary actions that need to be taken before the event occurs, the infrastructure and guidelines that need to be followed by the State representatives, the policy makers, the stakeholders and the citizens. Greece, being part of the Mediterranean countries, and prone to natural disasters and especially floods, has always been in dire need of a legislative framework capable of meeting its needs. 1968 marked the beginning of Greece’s civil protection legislation history. Since then, there have been many new laws, revisions, while the legal framework has also been enriched with new legal binding instruments (e.g. European Commission Directive 2007/60). 16 | International Journal of Arts, Humanities & Social Science ISSN 2693-2547 (Print), 2693-2555 (Online) In Greece, regular recording of flood events by civil protection agencies started relatively recently, limiting the systematic official records and the relevant data policy to the last two decades. On the other hand, regional authorities, damage compensation organizations and the press documented disasters in official reports or in anecdotal form, maintaining archives with an extensive amount of data that were not systematically evaluated as a whole until now. (Diakakis, Mavroulis, & Deligiannakis, 2012) Until recently, a general Civil Protection plan called "Xenokrates" (published in 2003) was in place to set up a framework for developing a system of civil protection structures in Greece that would serve the overall purpose of effectively protecting the life, health and property of people, as well as the natural and man-made environment. That is up until February 4, 2020, when the new Law regarding the reform of the Civil Protection system was passed. The goal of this paper is to review the laws on civil protection in Greece over the years, to analyze and evaluate the new 2020 law, compare it with the previous law implemented, check responsiveness to emerging needs, as well as to focus on points that are important to be clearly outlined or are maybe in need of revision. It is also important to examine, if those laws are on par and follow the European framework under which they are operating. 2. On the Greek Constitution According to the Greek Constitution (Article 24), the protection of the natural and cultural environment is an obligation of the State and a right of everyone. For its preservation, the State has an obligation to take special precautionary or repressive measures within the framework of the principle of sustainability. The law stipulates the matters related to the protection of forests and forest areas. The drawing up of a tariff is an obligation of the State. Any change in the destination of forests and forest areas is prohibited, unless the rural economy is paramount for the National Economy exploitation or other use imposed by the public interest. (IΧth Revisionary Parliament, 2019) The spatial restructuring of the country, the configuration, the development, the urban planning and the expansion of cities and residential areas in general fall under the regulatory competence and control of the State, in order to serve the functionality and the development of settlements and to ensure the best possible living conditions. The relevant technical choices and weightings are made according to the rules of science. The compilation of the national cadastre is an obligation of the State as well. (IΧth Revisionary Parliament, 2019) For an area to be identified as residential and to be included in the urban planning, the properties that are included in it must participate, without compensation from the institution concerned, at the disposal of the land which is necessary to create roads, squares and spaces for general public uses and purposes, as well as in the expenditure for the execution of the basic communal urban planning projects as required by law. (IΧth Revisionary Parliament, 2019) A law may provide for the participation of the owners of an area that is characterized as residential in utilization and general layout according to an approved plan, in exchange for real estate of equal value or parts of property by floor, from the premises ultimately defined as buildable or for existing buildings of this area. Monuments, traditional sites and traditional elements are protected by the state. A law will determine the necessary restrictive property protection measures for its realization as well as the manner and type of compensation for the owners. 3 Laws before the 2020 law As mentioned above, in Greece, the first organized system for the protection of the population in a state of emergency was introduced in 1968, through the provisions of the Civil Defense Ministry, which were also used to deal with natural disasters. It should be mentioned that in the period 1967- 1974 a military junta had taken over power in Greece. The Minister of Defense was appointed in charge of guiding and coordinating the Services involved. This system was originally provided by Law 398/1968 on "Emergency Planning Policy", which was abolished by the newer Law 17/1974. (Government Gazette 125/A/4-6-1968, 1968) (Government Gazette A-236/2-9-1974, Legislative Decree 17/1974, 1974) Law 2344/1995 (Government Gazette 212A), entitled "Organization of Civil Protection and other provisions" introduced the term "Civil Protection" into the Greek regulatory 17 | www.iprpd.org International Journal of Arts, Humanities & Social Science Vol. 01 - Issue: 06/November_2020 framework- legislation for the first time, with the purpose of "dealing with natural, technological and other disasters during a peaceful period». With the provisions of this Law, Civil Protection was separated from Civil Defense in the country and the relevant responsibilities for dealing with a disaster were transferred from the military to the political forces, as was the case internationally. (Government Gazette 184/A/6-9-1995, 1995) The organization of the Civil Protection system, through which actions are taken for all stages of disaster management, with the aim of "protecting the life, health and property of citizens" in recent years was regulated by Law 3013/2002 (Government Gazette 102A) on "Upgrading of Civil Protection", as supplemented and amended by the relevant provisions of Law 3536/2007 (Government Gazette 42A), entitled "Special regulations on immigration policy issues and other issues within the Ministry of Interior, Public Administration and Decentralization" and Law 3613 / 2007, (Government Gazette 263A), entitled "Regulations of issues of Independent Authorities, Body of Inspectors of Public Administration and other issues within the competence of the Ministry of Interior". (Government Gazette 263/Α/23-11-2007, 2007) Law 2344/1995, in addition, repeals legislative decree 17/1974 against the measure that as a newer law regulates issues related to emergencies, resulting from sudden changes due to natural phenomena, technological accidents and disasters. Legislative decree 17/1974 remained in force on issues regulated specifically by it, especially in regard to emergencies in time of war. (Karamanou, 2012) The Law included provisions of a new policy,
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