Legal study entitled “The legislative framework for the utilisation, management and protection of coastal areas, the shore (aigialos) and the beach (paralia)”, published in issue 1/2025 of the Legal Journal “Environment and Law” (Perivallon kai Dikaio) of NOMIKI BIBLIOTHIKI Editions.

Introduction

The present legal study – codification aims at the documented analysis and resolution of the legal issues that arise in relation to the management, protection and utilisation of the shore (aigialos) and the beach (paralia).

In this context, the legislative and regulatory framework in force governing the delimitation of the shore and the beach, the procedure for granting rights of use, as well as the issues of control and the imposition of sanctions, is examined. The legislative framework in force contains various regulatory provisions that have undergone changes and updates in recent years, the most recent being the enactment of Law 5092/2024, which introduces new terms for the protection and utilisation of coastal areas. At the same time, critical issues arise concerning the management of the area, the safeguarding of the common-use (public-domain) nature of the shore and the beach, and the restrictions placed on their use.

The management of marine and coastal areas is of particular interest, especially when it concerns countries such as Greece, whose indisputably dominant characteristic is its seas, its coasts, its shore and its islands. In particular, coastal areas require special handling and treatment on account of their dynamic character as regards the combination of land area and marine area and environment. The coastal area constitutes a distinct spatial unit with its own unique characteristics and a set of particularities that differentiate it from the other spatial units.

In Greece, there has been considerable discussion regarding the concepts and definitions of the coast/coastline, the shore (aigialos) and the beach (paralia), as well as of the former shore (palaios aigialos) – issues that have also engaged the courts, both administrative and civil. In any event, setting aside the conceptual issues that arise, it is a fact that coastal areas are intermediate areas between sea and land in which various human activities take place and which are also strongly affected by natural factors such as climate, with the result that there is significant conflict of uses. In this way, the socio-economic importance of coastal areas becomes apparent, since, on the one hand, several human activities – such as fishing, tourism and transport – are concentrated there and, on the other hand, a risk arises for the marine environment precisely from this “over-concentration of activities”.

The framework in force for the management of the shore and the beach, and the historical evolution of the legislative provisions

The first attempt to regulate the complex issues of the shore and the beach was made by Emergency Law (A.N.) 2344/1940 (Government Gazette A’ 154), entitled “On the shore and the beach”, which was replaced by Law 2971/2001, entitled “Shore, beach and other provisions”.

Law 2971/2001 concerns the regime of the shore, the beach, the banks and riparian zones, as well as other related matters, and aims to regulate the use, protection and management of these areas.

Law 2971/2001 was revised by Law 4281/2014 (Government Gazette A’ 285), entitled “Measures for the support and development of the Greek economy, organisational matters of the Ministry of Finance and other provisions”. Among many other things, it included new provisions for the demarcation of the shore and the beach and the determination of the former shore.

Subsequently, Law 2971/2001 was again amended by Law 4607/2019 (Government Gazette A’ 65), entitled “I. Ratification of the Agreement for the Asian Infrastructure Investment Bank, II. Harmonisation of the VAT Code with Directive (EU) 2016/1065, III. Transposition of points 1, 2, 4 and 5 of Article 2 and of Articles 4, 6, 7 and 8 of Directive 1164/2016, IV. Amendment of Law 2971/2001 and other provisions”. Part IV of the law brought significant amendments to definitions of Law 2971/2001 (e.g. shore, beach and former shore), as well as to issues of ownership of coastal areas and the procedure for determining the shore.

The most recent piece of legislation, which – in part – replaced Law 2971/2001, is Law 5092/2024 (Government Gazette A’ 33), entitled “Terms for the utilisation of public property in coastal areas and other provisions”. The law aims at the protective treatment of shores and beaches, the safeguarding of their common-use character, and their utilisation in a manner beneficial to the national economy, protective of the environment and consistent with the public interest. To this end, it introduces provisions concerning the procedure for designating the shore and the beach, the procedure and the adoption of protective measures and sanctions relating to the granting of simple use, while, for the first time, concepts such as “untrodden beaches” (apatites paralies) are added.

Observations

The management of the shore and the beach in Greece has evolved legislatively through successive regulatory acts, beginning with Emergency Law 2344/1940 and reaching the most recent Law 5092/2024. The fundamental Law 2971/2001 constituted the foundation of the legislative framework in force, but was significantly amended by Laws 4281/2014 and 4607/2019 and, in part, replaced by Law 5092/2024. The legislative changes focus on regulating the simple use, protection and management of coastal areas, with particular emphasis on environmental protection, the safeguarding of the common-use character of the coasts and the balance between utilisation and conservation of natural resources.

The present study, beyond the introductory analysis, is structured into individual chapters concerning, in particular: the critical definitions and basic concepts under the legislation in force; the framework and procedure for the delimitation of the shore, the beach and the former shore, their designated purpose and the applicable property regime; as well as the framework, procedure, terms and restrictions in force for the granting of the right of simple use of shores and beaches. Furthermore, it examines the conditions and restrictions for granting the right to use the shore and the beach for the execution of works, the building setback distances from the shoreline and the required approvals, the system of controls, the administrative measures and the sanctions provided for, while the study concludes with a general appraisal of the provisions in force.

For the detailed development of the above issues, reference is made to the full text of the study.

The study is also available through the online Qualex platform at the link:

https://lnkd.in/d9_49DNh