The Hellenic Republic has been a member of the former European Communities (now the European Union) since January 1, 1981. Accordingly, the area of Mount Athos, as part of the Greek state, also joined the European Communities at that time.
The original treaty of the European Economic Community (EEC), signed in Rome in 1957, recommends already in its first article the creation of a common market, while in the second article defines the method by which this goal will be gradually achieved: through mutual convergence of the economic policies of all member states of the Community.
Thirty years later, there arose a need to update the agreement in order to establish a common market. In this regard, the Council of representatives of the governments of EEC member states prepared the Single European Act, which was signed in Luxembourg and in Hague in February 1986, while it came into force on July 1, 1987, after being approved by the parliaments of all (at that time) twelve member states of the Community (including Greece) under No. 1681/1987.
The aim of the Single European Act was to complete the establishment of an internal market, “a Europe without borders,” by December 31, 1992. This internal market represents a territory without internal borders, with free movement of persons, services, goods, and capital.
II. Upon Greece's accession to the European Communities (now the European Union), the privileged status of Mount Athos not only remained intact but was, additionally, reinforced by the Common Declaration No. 4/1979 made by the authorized representatives of the parties during the signing of the Treaty of Accession, approved by law No. 945/1979.
According to this declaration, “recognizing that the special status granted to Mount Athos, as enshrined in Article 105 of the Greek Constitution, is conditioned solely by spiritual and religious considerations, the Community will ensure that these considerations are always taken into account in the implementation and further amendment of public law provisions, especially regarding customs, tax exemptions and the right of residence [on Athos].”
Upon careful examination of Common Declaration No. 4/1979, it can be confirmed that the Declaration understands and interprets Article 105 of the Greek Constitution as a guarantee of the special and privileged status of Mount Athos in its entirety, while it specifically stipulates customs and tax privileges, as well as the right of residence on the Athonite peninsula.
III. The constitutionally recognized ancient privileged status of Mount Athos possesses certain characteristics that evidently contradict the general legal principles of the European Community.
Such characteristics include: the prohibition of residence in Mount Athos for dissenters, schismatics and, more broadly, atheists and representatives of other religions; the prohibition of entry to the pensinsula for women; the mandatory acquisition of Greek citizenship for all monks on Athos as long as they are accepted as novices; the mandatory obtaining of permission (for residence) even for a simple visit to the Athonite state; the prohibition on creating any corporations; the prohibition on engaging in any professional or commercial activities, etc.
Such regulations undoubtedly contradict the right to free residence, free movement, and free provision of services, which constitute cornerstones of common European law.
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When such characteristics of the ancient privileged status of Mount Athos are in contradiction with general European law, it is possible to search for situational solutions, so as to justify in each specific case why a particular provision cannot be applied on the Athonite state. This is, of course, unnecessary in the few situations where the area of Mount Athos is formally exempted from the application of general law provisions. This was done, for example, with the value-added tax (Appendix I of Section VI of the Accession Protocol; see also Regulation No. 1642/1986). Some other issues could be resolved based on reference to the general provision of Article 56 of the EEC Agreement as it is currently approved, which addresses exceptional cases related to public order, public safety, and health considerations.
At its core, the problem in its entirety is addressed by the “Common Declaration on Mount Athos,” signed by all participants, that is, all nine (at that time) member states of the European Communities, attached to the Protocol of May 29, 1979, on the accession of the Hellenic Republic to the European Communities, the full text of which has already been presented above.
Therefore, the status of Mount Athos, enshrined in Article 105 of the Constitution, since Greece's accession to the European Communities (now the European Union) has been part of common European law, and it must be preserved by all member states that have joined the Communities since then. In the context of accession of new member states, their entry is formally indicated under the terms of the founding treaties of the Communities, taking into account the amendments and additions made.
Moreover, new member states are obliged to respect the principles and guidelines arising from statements, resolutions, and other provisions of the Council, and to take all necessary measures to ensure their implementation. Such provisions are also outlined in the Accession Protocols, for example, for Sweden, Finland, and Austria.
In addition, it is known that changes to the fundamental common law, that is, to the founding treaties and their amendments, can only be made by unanimous decision taken by all member states, and not just by the legislative bodies of the European Communities (now the European Union). The legislative bodies of the EU cannot annul agreements signed by member states and approved by national parliaments.
IV. A completely different topic is the attempt by Mount Athos and the Greek state to technically elevate the Common Declaration (the weight and obligation of which are not in doubt, as already mentioned) to the level of a Protocol and to achieve recognition of the special relationship of Athos with the EU, similar to other cases already known in European legislation, such as the relationship of the Vatican and San Marino with Italy, the relationship of Monaco with France and Luxembourg, or the case of West Berlin (due to the special status that existed there until the reunification of Germany).
In this matter, it is necessary to understand the Greek government's desire for the Common Declaration in Mount Athos, included in the Treaty of Accession of Greece, to be approved and firmly implemented by all fifteen (at that time) member states, along with the Memorandum of the Hellenic Republic in the Amsterdam Treaty (Statements taken into account by the Conference, No. 8), approved under No. 2691/1999.
