Following press releases published today relating to the minutes of the elaboration and the opinion number 35/2009 of the 5th Department of the Council of State concerning the plan of a Presidential Decree for the amendment of the approved urban plan of the Municipality of Athens in the urban area of Elaiona, it should be noted that the referral for final judgment to the Plenary of the Superior Cancelling Court because of the majority judgment of the Department about the formal unconstitutionality of article 12 of the law 3481/2006 in no way constitutes a pre-judgment of the final opinion of the Council on these matters.
We reiterate that the Council of State decides by majority vote upon the introduction by the Counselor Mr. Markati after taking into consideration the memorandums of the intervening parties, that will be submitted by the 19th March 2009.
We believe that the development of a minority substantiated opinion in favour of the constitutionality of the above mentioned articles of the law, according to the referral of judgment by the 5th Department, of the elaboration of the Presidential Decree for Elaiona, is indicative of the estimated existence of diametrically opposite opinions between the members composing the Plenary of the Council of State on these matters.