Volume 6 Number 20 - Tuesday, May 18th, 2004

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Published by the Church of Greece, May 7, 2004

 The positions of the Church of Greece in relation to the issue of the Metropolises of the so-called New Lands

 From the e-newsletter published by the Web Unit of the Church of Greece
The Editor: Pan. Drakopoulos
Vol. 221 7 May 2004

HISTORY

- Following the victorious Balkan Wars (1912-1913) the provinces of Epirus, Macedonia, and Thrace were incorporated in the Greek State. At the same time, negotiations with the Ecumenical Patriarchate began to the purpose of the respective incorporation, in the Church of Greece, of the Metropolises of these lands, which, from an ecclesiastical point of view, belonged to the Patriarchate until then. This incorporation had previously been applied in the cases of the Metropolises of the Ionian Islands and of Thessaly, as soon as these areas were incorporated in the Greek state.

- In the case of the New Lands, the Patriarchate showed a delay in satisfying the reasonable request of Greece (i.e. the Government and the Church) and as a result, in 1928, the Government (under Eleftherios Venizelos) issued a law (no. 3615), according to which these Metropolises were incorporated in the Church of Greece.

- Subsequently, it was the Patriarchate which issued the Patriarchal and Synodal Act of September 4, 1928, by which It stated that It ceded the administration of these Metropolises to the Church of Greece by way of trusteeship, and set Its terms, one of which was Its prior approval of the Catalogue of candidates for the Hierarchy of the Metropolises of the New Lands and another regarded Its right to propose candidates for inclusion in this Catalogue.

- As soon as the Church of Greece received the aforementioned Act, It issued Its Act of 20-11-1928, in which It accepted the incorporation of the Metropolises in It, but expressed objections to certain terms and particularly to the term providing for the approval of the Catalogue, and invoked the legislation in effect at that time. There followed an exchange of letters between the two Churches, and as a result the Patriarchate accepted the amendments proposed by the Church of Greece and, in relation to the Catalogue, accepted the right of the Patriarchate only to propose names of candidates for inclusion in the Catalogue. The amendments of the Act of 1928, which were agreed upon in 1928, have been in effect since, in other words, for 75 years up to now.

- In July 2003, after the departure of the Metropolitan of Thessaloniki from life, the Patriarch Bartholomaios asked the Church of Greece in writing, for the first time, to submit to him the Catalogue of candidates for his approval, invoking the original text of the Act of 1928 and ignoring the amendments which had been made to it in 1929 by common consent. It is worth noting that these amendments were finally adopted by Greek legislation and particularly by the Law no. 590/77 "Of the Statutory Charter of the Church of Greece".
 
- Naturally, the Church of Greece refused to accept the submission of the Catalogue for approval, invoking both the subsequent amendments of 1929 to the relevant provision and the Law 590/77, and stating that It was obliged to observe the laws of the Greek state as well as the Holy Canons. Even so, It sent the Catalogue to the Patriarch so that he may exercise his lawful rights, namely to suggest names of eventual candidates, which, however, should be enrolled after the legal procedure provided by the Statutory Charter (law 590/77). Otherwise, any enrollment effected against the law would be invalid, according to the explicit provision of the law.

- After successive letters were exchanged between Constantinople and Athens, the Holy Synod of the Hierarchy of the Church of Greece was convoked extraordinarily in November 4-6, 2003, specifically for this issue, and decided, by an overwhelming majority, to state to the Patriarchate: 


a. that It respected the Patriarchal Act of 1928 as this applies, namely with the effected amendments and according to the legal procedures;

b. that It would send the Catalogue of candidates to the Patriarchate, so that the latter may exercise Its rights as these ensued from the Statutory Charter.

- In a new letter of December 1, 2003, the Patriarchate insisted on not recognising the rule of law in Greece, namely the Statutory Charter, and asked to approve the Catalogue, against the law, and to enroll in it, as of sovereign right, names of candidates to Its own liking without further procedure, that is definitively ? something which was also against the law and the agreements. To this document the Church of Greece has not replied yet, in order not to exacerbate the situation any further, but opted for the path of negotiations in search of a solution by mutual agreement.

- Within the framework of the aforementioned procedure, about 14 delegations were sent from Athens to Constantinople with concrete proposals. They stumbled upon a wall of intransigence. Thence the decision under item no. 7(a) above of the extraordinary session of the Hierarchy.

- Finally, in February 2004 the Patriarchate presented Its own text to the delegates of the Church of Greece, asking that it be accepted by our Church.  This document was accepted by the Standing Holy Synod with a minor modification also accepted by the Patriarchate, and was finally sent to It by the Synodal document of March 8, 2004. The text reads as follows: "The Church of Greece, confirming that the administration of the Holy Metropolises of the Ecumenical Patriarchate in Northern Greece and in the
Islands (the so-called New Lands) has been assigned to the Church of Greece by way of trusteeship, by virtue of the Patriarchal and Synodal Act of September 4, 1928, and has been exercised by our Church in conformity with the Holy Canons and the rules of law in effect, sends the Catalogue of the candidates eligible for Hierarchy to You, in view of the filling of those of the aforementioned Holy Metropolises which remain vacant, namely the Holy Metropolises of Thessaloniki, of Eleftheroupolis and of Servia and Kozani, so that You may exercise the rights of the Ecumenical Patriarchate". At the same time and by the same dispatch the Church of Greece sent the Catalogue again, so that the Patriarch may exercise his rights in accordance with the rules of law in effect, while It also  announced that It intended to proceed to the filling of the vacant Holy Metropolises either by election or by transfer, precisely as is provided by the Statutory Charter and as has
always been the case.

- The Patriarchate replied by Its document of March 31, 2004, by which It made known to the Church of Greece that It approved the Catalogue (something which It had not been asked to do by the Church of Greece), that It awaited the Church's answer to his Letter of December 1, 2003, that It asked the Holy Synod of the Hierarchy, which was to be convoked, to ratify the decision of March 1, 2004, made by the Standing Holy Synod (the so-called small Synod), and that It approved the filling only of the Holy Metropolis
of Thessaloniki by transfer (which It had not benn asked to do, either).  That document gave one every reason to believe that the ordeal of our two Churches, which had lasted for 10 months, was finally over. That is why it was decided that the Hierarchy be convoked to ratify the decision of the Standing Holy Synod and to fill the vacant Holy Metropolises. But, on April 20, 2004, a new letter of the Patriarch arrived, by which he asked that the answer to the Patriarchal letter of December 1, 2004 be sent to him before
the election and that the decision of November 2003 of the Holy Synod of the Hierarchy be annulled (see item 7 above). This was not accepted by the Standing Holy Synod, which referred the whole issue to the Hierarchy. The latter convened on April 24, 2004, with the following items on Its agenda:


1. Ratification of the decision of the Standing Holy Synod of March 1, 2004 (see item 10 above), and 2. Filling of the vacant Holy Metropolises of Thessaloniki, of Eleftheroupolis, of Servia and Kozani, and of Mesogaia and Lavreotiki.

THE POSITIONS OF THE CHURCH OF GREECE

- In order to appease any concern of the Patriarchate, the Church of Greece has stated officially that It does not seek the reversal of the ecclesiastic regime of the New Lands. (See the relevant decision of the Holy Synod of the Hierarchy under item no. [7a] above.) On the contrary, the Church of Greece asks that the regime which has been in effect for 75 years remain and be respected in the exact form in which it has been in effect.

- The Church of Greece is obliged to observe the laws of the Greek state and indeed the Statutory Charter. Any deviation from it constitutes a breach of the law, leading to invalidation subsequent to appeals to the Supreme Administrative Court of the State.

- The Church of Greece has made concessions to the Patriarch, but without breaking the law. Thus, beside the decision referred to under no (B.)1 above, It stated that It respects and observes the Act of 1928 as this latter applies to this day, and also accepted that the Patriarch's name be commemorated in the Divine Liturgy by the Metropolitans of the New Lands, not as the Statutory Charter (article 28) provides but as the Patriarch
insisted. Finally, It accepted that the Catalogue be sent to the Patriarchate, so that it be made easier for the Patriarch to suggest names of candidates for inclusion in it.

- The Church of Greece does not consent to transgress against the agreements concluded as early as 1929 and observed to this day. In accordance with these, the Patriarch may not (a) enroll on his own in the Catalogue whomever he wishes without the mediation of the Holy Synod of the Hierarchy of the Church of Greece, (b) approve transfers from one Metropolis to another.

- Eventual acceptance of these new claims of the Patriarch would not constitute only a breach of law or a transgression against the agreements, but would essentially undermine the Autocephalous nature of the Church of Greece. The Church of Greece has stood and still stands by the Patriarchate, assigning today about 150 of Its clergymen for the manning of an equal number of parish priests in the Greek Diaspora, and systematically
supporting every canonical proposal of the Patriarchate. But this does not mean that the Church of Greece will be laid bare of the self-government which It enjoys by virtue of Its being Autocephalous.

- The Greek government will protect the rule of law in the country.

- The Church of Greece has made every effort and has done everything in Its power to settle the issue by common assent. The Patriarchate returns to Its original position, despite Its agreement upon a text of common acceptance.  This is how we have been led to a deadlock. (Transl. by Dr Nikolaos C. Petropoulos)

 

 

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