001-156 Syntagma uk new - Hellenic Parliament · THE CONSTITUTION OF GREECE As revised by the parliamentary resolution of May 27th 2008 of the VIIIth Revisionary Parliament HELLENIC

001-156 Syntagma uk new 12-03-09 12:18 ™ÂÏ›‰·1


THECONSTITUTION

OF GREECE



THECONSTITUTION

OF GREECE

As revised by the parliamentary resolution

of May 27th 2008

of the VIIIth Revisionary Parliament

HELLENIC PARLIAMENT


Editorial Committee:

Kostas MavriasProfessor, Law Faculty, Athens UniversityPresident of the Scientific CouncilHellenic ParliamentPresident of the Hellenic Association of Constitutionalists

Epaminondas SpiliotopoulosHonorary Professor Law Faculty, Athens UniversityMember of the Academy of AthensMember of the Scientific CouncilHellenic Parliament

Translated by:

Xenophon PaparrigopoulosLL.M., S.J.D., Research Fellow, Directorate of StudiesHellenic Parliament

Stavroula VassilouniLL.M., Research Fellow, Directorate of StudiesHellenic Parliament

© Copyright 2008 Hellenic Parliament

ISBN: 960-560-073-0

Printing & Production: HELLENIC PARLIAMENT’S PUBLICATIONS DEPARTMENT


FOREWORD

In July 1974 Greece came out of the sevenyear long dictatorship which had severed thecountry from the process of European formationand had halted its overall development in allaspects.

Before the Fifth Revisionary Parliamentexercised its constitutional power, the referendumof 8 December 1974 took place, whereby thePeople, with an overwhelming majority, chose asform of the democratic government that of arepublic. The Fifth Revisionary Parliament wasentrusted with the task to shape the modernfeatures of the democratic regime within theframework of the country’s new Constitution.

One year after the collapse of thedictatorship, the voting of the Constitution of1975, inspired by Constantine Karamanlis withConstantine Tsatsos as its architect, sealed thereturn of democracy to its birthplace.

The Constitution of 1975, animated by theprinciples of the rule of law and the welfare stateand raising the respect to the value of man as theprimary obligation of the state, fully expressed theacquis of post-war European constitutionalism,and, indeed, considering the institutionalbackwardness of the Country at the political levelduring the first decades following World War II,signaled a real advance in that direction,

By choosing as the country’s form ofgovernment that of a “parliamentary republic”,the constituent legislator not only followed thechoice and the mandate of the People regarding


the form of the democratic regime, but also,learning from the Country’s recent history,placed particular emphasis on the fact that theChief of State should be elected. At the sametime, it endowed the country’s constitutionalcharter with a grid of fundamental rights whichplaced it among the most modern of Europeanconstitutions. In such a way individual libertiesand social rights were protected in a mannerfully corresponding to the demands of a liberal,democratic and welfare state, as such a state isunderstood in our era.

Already, the Country’s constitutional charterhas completed thirty years of life. Throughoutthis time it provided the frame for thedeployment of a normal political life, in theprocess of which the political powers contributedconclusively to the establishment of the systemof values characterizing a liberal, sociallyoriented, parliamentary republic.

During these years the Constitution of 1975witnessed three revisions. The first (in 1986),which took place eleven years after its entry intoforce, was limited, as it focused on the institutionof the President of the Republic, whose powersas a regulator of government it significantlylimited.

The second revision (2001), which took placefifteen years later, was rather extensive and was,to a great extent, the result of the consensus of,particularly, the two major political parties in thenational assembly. The novelties adopted focusedmainly on the broadening of the protection ofindividual rights, the bolstering of the institutionsof the welfare state, the upgrading of local selfgovernment, the adaptation of disqualificationsand incompatibilities relative to the election to

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the parliamentary mandate to the reality and thecase-law developed by the Special Highest Court,the modernization of the Parliament’sfunctioning, the raising to constitutional status ofthe most important independent authorities. Thesecond revision of the Constitution also focusedon an extensive reform in the field of Justice.Within this context a new clause is of specialimportance, which provides that it is mandatoryto refer any statute which has been judged to becontrary to the Constitution by a section of theSupreme Administrative Court or the SupremeCivil and Criminal Court or the Court of Audit,to their respective plenum, in order for them todecide definitively on the issue.

The third revision of the Constitution (in2008), which provided the occasion for thepublication at hand, was announced as extensiveas well. However, for reasons whose assessmentlies within the competence of constitutional andpolitical history, it ended up being limited to theadoption of just a few of the points of theproposal, while, due to the rigid nature of theConstitution, issues of major importance wereleft to be addressed at the distant future. Amongthe amendments accepted, it is worth noting theabolition of the incompatibility of theparliamentary mandate with the exercise of aprofession which had been introduced during therevision of the year 2001, the addition of a clausewhich mandates the legislator and the PublicAdministration to take particular care of theinsular and mountainous regions of the countrywhen they introduce measures of development,the provision which, under certain conditions,gives Parliament the right to proposeamendments to particular items of the state

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budget, but also the introduction of a specialprocess for the monitoring by the Parliament ofthe execution of the budget.

Since it entered into force, the Country’sconstitutional charter has continuouslycontributed, as a firm point of reference, to theshaping of the political system and to theconsolidation of the democratic institutions inthe conscience of all.

ΤΗΕ SPEAKER OF THE PARLIAMENT

DIMITRIOS G. SIOUFAS


T A B L E O F C O N T E N T S

PART ONEBasic Provisions

SECTION IThe form of Government

Article 1. The form of government ........................172. Principal obligations of the State ...........18

SECTION IIRelations of Church and State

Article 3. Relations of Church and State ...............18

PART TWOIndividual and Social Rights

Article 4. Equality of Greeks....................................195. Free development of personality ............205A. The right to information......................216. Illegal detention .......................................217. Nullum crimen sine lege.

Prohibition of torture and of general confiscation .............................23

8. The principle of natural judge...............239. The inviolability of home and

of private life ............................................249A. The protection of personal data ............2410. The right of petition ...............................2411. The right of assembly..............................2512. The right of association...........................2513. The freedom of religion..........................2614. The freedom of expression and

of the press...............................................2615. Mass media ...............................................2916. Education, art, science.............................30

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17. Protection of private property; expropriation ............................................32

18. Protection of property, special cases; requisition..................................................35

19. Secrecy of correspondence ......................3620. The right to legal protection..................3721. Protection of family, marriage,

motherhood and youth ...........................3722. The right of work. Social security .........3823. The freedom to unionise.

The right to strike ...................................3924. Protection of the environment................4025. Protection and exercise of

the fundamental rights ............................41

PART THREEOrganization and functions of the State

SECTION IStructure of the State

Article 26. Separation of powers ...............................4227. Change in the boundaries

of the Country. Foreign military forces .........................................................43

28. Rules of international law. International organizations......................43

29. Political parties .........................................44

SECTION IIThe President fo the Republic

Chapter oneElection of the President

Article 30. The President regulates the function of the State institutions. Presidential Tenure..................................45

31. Conditions of eligibility............................4632. Election of the President.........................4633. Installation in office .................................4834. Replacement..............................................49

Chapter twoPowers and liability from the acts of the President

Article 35. Validity of the President’s acts. Countersignature ......................................50

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36. International representation of the State; international conventions ..............51

37. Appointment of Prime Minister and Government ......................................51

38. Cabinet’s dismissal ....................................5339. [Repealed] .................................................5540. Convocation of Parliament.

Suspension of sessions .............................5541. Dissolution of Parliament ........................5542. Promulgation and publication

of statutes ..................................................5643. Issuance of decrees ..................................5744. Acts of legislative content.

Referendum. Messages to the people ............................................58

45. Commander in chief of the Nation’s Armed Forces ...........................................59

46. Appointment and dismissal of public servants. Established decorations. ...........59

47. Pardon and amnesty................................5948. State of siege ............................................60

Chapter threeSpecial liabilities of the President of the Republic

Article 49. Liability of the President of the Republic.........................................62

50. Presumption of competence....................63

SECTION IIIParliament

Chapter oneElection and composition of Parliament

Article 51. Election of the M.P. The right to vote .......................................................63

52. Free expression of the popular will.......6453. Parliamentary term ..................................6454. Electoral system; election districts;

Members of Parliament elected at large ......................................................65

Chapter twoDisqualifications and incompatibilities

Article 55. Qualifications.............................................6656. Eligibility....................................................66

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57. Acts incompatible with the duties of M.P. ......................................................68

58. Judicial control of parliamentary elections .....................................................70

Chapter threeDuties and rights of Members of Parliament

Article 59. Oath...........................................................7160. Freedom of opinion and right

to vote; resignation from parliamentary office .................................71

61. Non-prosecution for opinion or vote cast ...............................................71

62. Parliamentary immunity ..........................7263. Remuneration, exemptions, absence ......73

Chapter fourOrganization and functioning of the Parliament

Article 64. Regular session .........................................7365. Standing Orders and Presidium

of Parliament ............................................7466. Publicity of the sittings ............................7567. Quorum and majorities ...........................7668. Parliamentary and investigation

committees.................................................7669. Reports addressed to

the Parliament ..........................................7770. Plenum and Sections: legislative

work; parliamentary control....................7771. Vacation Section .......................................7872. Competence of the Plenum and

the Sections...............................................79

Chapter fiveThe legislative function of Parliament

Article 73. The right to introduce Bills ...................8074. Procedure for the introduction

of a Bill for debate ..................................8175. Bills resulting in burdening the

State budget..............................................8376. Debate and voting of the Bills ...............8477. Authentic interpretation of statutes........85

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Chapter sixTax and fiscal administration

Article 78. Taxation statutes ......................................8579. Budget, financial statement, general

balance sheet of the State .......................8680. Salaries, pensions. Currency ...................87

SECTION IVThe Government

Chapter oneComposition and function of the Government

Article 81. The Cabinet ..............................................8882. Government and Prime Minister ...........8983. Ministers and Undersecretaries ..............89

Chapter twoRelations between Parliament and the Government

Article 84. Motion of confidence...............................9085. Liability of Ministers ................................9186. Court judging liability of Ministers........91

SECTION VThe Judicial Power

Chapter oneMagistrates and Staff

Article 87. Judicial independence..............................9488. Guarantees of the independence

of justice ....................................................9589. Incompatibilities of magistrates...............9790. The Supreme Judicial Council ...............9891. The Supreme Disciplinary Council ......10192. Civil servants of courts’ offices,

notaries public, registrars of mortgages and property transfers, directors of land registry offices.........................................102

Chapter twoOrganization and Jurisdiction of the Courts

Article 93. Courts ......................................................10394. Jurisdiction of civil and

administrative courts ..............................104

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95. Supreme Administrative Court .............10496. Criminal justice.......................................10597. Mixed jury courts...................................10698. Court of Audit........................................10799. Suits for faulty wrongful judgement....108

100. Special Highest Court............................109100Α. Legal Council of the State..................111

SECTION VIAdministration

Chapter oneOrganization of the Administration

Article 101. Administrative decentralization ...........111101A. Independent authorities ....................112102. Local government agencies .................113

Chapter twoStatus of administrative agents

Article 103. Civil servants.........................................114104. Restrictions concerning civil

servants..................................................116

Chapter threeRegime of Aghion Oros (Mount Athos)

Article 105. Regime of Aghion Oros ......................117

PART FOURSpecial, Final and Transitory Provisions

SECTION ISpecial Provisions

Article 106. State and national economy................119107. Protection of foreign capital and

special economic legislation.................120108. Emigrant Greeks ..................................121109. Will, codicil, donation benefiting

the State ................................................121

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SECTION IIRevision of the Constitution

Article 110. Revision of the Constitution ...............122

SECTION IIITransitory Provisions

Article 111. Previous provisions contrary to the Constitution...............................123

112. Promulgation of statute provided by the Constitution ..............................124

113. Enactment of the Standing Orders ...................................................125

114. Election of the first President of the Republic; provisional President of the Republic....................126

115. Transitory provisions ...........................127116. Existing provisions contrary

to the principle of equality .................129117. Transitory and special laws

concerning property, forests, expropriation and residential areas.......................................................129

118. Transitory provisions concerning magistrates.............................................131

119. Annulment of certain areas.................132

SECTION IVFinal Provision

Article 120. Coming into force of the Constitution. The right to resist................................133

SUBJECT INDEX.....................................................137

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THE CONSTITUTION OF GREECE

In the name of the Holy and Consubstantialand Indivisible Trinity

P A R T O N EBasic Provisions

SECTION IThe Form of Government

Article 1

1. The form of government of Greece is thatof a parliamentary republic.

2. Popular sovereignty is the foundation ofgovernment.

3. All powers derive from the People andexist for the People and the Nation; they shallbe exercised as specified by the Constitution.

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Article 2

1. Respect and protection of the value ofthe human being constitute the primary obliga-tions of the State.

2. Greece, adhering to the generally recog-nised rules of international law, pursues thestrengthening of peace and of justice, and thefostering of friendly relations between peoplesand States.

SECTION II Relations of Church and State

Article 3

1. The prevailing religion in Greece is thatof the Eastern Orthodox Church of Christ. TheOrthodox Church of Greece, acknowledgingour Lord Jesus Christ as its head, is insepara-bly united in doctrine with the Great Churchof Christ in Constantinople and with every oth-er Church of Christ of the same doctrine,observing unwaveringly, as they do, the holyapostolic and synodal canons and sacred tradi-tions. It is autocephalous and is administeredby the Holy Synod of serving Bishops and thePermanent Holy Synod originating thereof andassembled as specified by the Statutory Char-ter of the Church in compliance with the pro-visions of the Patriarchal Tome of June 29,1850 and the Synodal Act of September 4,1928.

2. The ecclesiastical regime existing in cer-tain districts of the State shall not be deemedcontrary to the provisions of the preceding para-graph.

3. The text of the Holy Scripture shall be

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maintained unaltered. Official translation of thetext into any other form of language, withoutprior sanction by the Autocephalous Church ofGreece and the Great Church of Christ in Con-stantinople, is prohibited.

P A R T T W OIndividual and Social Rights

Article 4

1. All Greeks are equal before the law.2. Greek men and women have equal rights

and equal obligations.3. All persons possessing the qualifications

for citizenship as specified by law are Greekcitizens. Withdrawal of Greek citizenship shallbe permitted only in case of voluntary acquisi-tion of another citizenship or of undertakingservice contrary to national interests in a for-eign country, under the conditions and proce-dures more specifically provided by law.

4. Only Greek citizens shall be eligible forpublic service, except as otherwise provided byspecial laws.

5. Greek citizens contribute without distinc-tion to public charges in proportion to theirmeans.

6. Every Greek capable of bearing arms isobliged to contribute to the defence of theFatherland as provided by law.

7. Titles of nobility or distinction are nei-ther conferred upon nor recognized in Greekcitizens.

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** Interpretative clause:The provision of paragraph 6 does not pre-

clude that the law provides for the mandatoryperformance of other services, within or outsidethe armed forces (alternative service), by thosehaving a substantiated conscientious objection toperforming armed service or, generally, militaryduties.

Article 5

1. All persons shall have the right to devel-op freely their personality and to participate inthe social, economic and political life of thecountry, insofar as they do not infringe therights of others or violate the Constitution andthe good usages.

2. All persons living within the Greek terri-tory shall enjoy full protection of their life, hon-our and liberty irrespective of nationality, raceor language and of religious or political beliefs.Exceptions shall be permitted only in cases pro-vided by international law.

The extradition of aliens prosecuted for theiraction as freedom-fighters shall be prohibited.

3. Personal liberty is inviolable. No one shallbe prosecuted, arrested, imprisoned or otherwiseconfined except when and as the law provides.

** 4. Individual administrative measuresrestrictive of the free movement or establish-ment in the country, and of the free exit andentrance therein of any Greek are prohibited.Restrictive measures of such content may onlybe imposed as an attendant penalty by a crim-inal court ruling, in exceptional cases of emer-

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** Two asterisks indicate the provisions or inter-preratives clauses revised in 2001.


gency and only in order to prevent the com-mitment of criminal acts, as specified by law.

** 5. All persons have the right to the pro-tection of their health and of their genetic iden-tity. Matters relating to the protection of everyperson against biomedical interventions shallbe specified by law.

Interpretative clause: Paragraph 4 does not preclude the prohibi-

tion of exit from the country for persons beingprosecuted on criminal charges by act of the pub-lic prosecutor, or the imposition of measures nec-essary for the protection of public health or thehealth of sick persons, as specified by law.

** Article 5A

1. All persons have the right to information,as specified by law. Restrictions to this rightmay be imposed by law only insofar as they areabsolutely necessary and justified for reasons ofnational security, of combating crime or of pro-tecting rights and interests of third parties.

2. All persons have the right to participatein the Information Society. Facilitation of accessto electronically transmitted information, as wellas of the production, exchange and diffusionthereof, constitutes an obligation of the State,always in observance of the guarantees of arti-cles 9, 9A and 19.

Article 6

1. No person shall be arrested or impris-oned without a reasoned judicial warrant whichmust be served at the moment of arrest or

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detention pending trial, except when caught inthe act of committing a crime.

2. A person who is arrested in the act of com-mitting a crime or on a warrant shall be broughtbefore the competent examining magistrate with-in twenty-four hours of his arrest at the latest;should the arrest be made outside the seat of theexamining magistrate, within the shortest timerequired to transfer him thereto. The examiningmagistrate must, within three days from the daythe person was brought before him, either releasethe detainee or issue a warrant of imprisonment.Upon application of the person brought beforehim or in case of force majeure confirmed bydecision of the competent judicial council, thistime-limit shall be extended by two days.

3. Should either of these time-limits elapsebefore action has been taken, any warden orother officer, civil or military servant, responsi-ble for the detention of the arrested personmust release him immediately. Violators shallbe punished for illegal detention and shall beliable to restore any damage caused to the suf-ferer and to pay him a monetary compensationfor pain and suffering, as specified by law.

** 4. The maximum duration of detentionpending trial shall be specified by law; suchdetention may not exceed a period of one yearin the case of felonies or six months in the caseof misdemeanours. In entirely exceptional cas-es, these maximum limits may be extended bysix or three months respectively, by decision ofthe competent judicial council.

It is prohibited to exceed these maximumlimits of detention pending trial, by successive-ly applying this measure to separate acts of thesame case.

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Article 7

1. There shall be no crime, nor shall puni-shment be inflicted unless specified by law inforce prior to the perpetration of the act, defin-ing the constitutive elements of the act. In nocase shall punishment more severe than thatspecified at the time of the perpetration of theact be inflicted.

2. Torture, any bodily maltreatment, impair-ment of health or the use of psychological vio-lence, as well as any other offence against humandignity are prohibited and punished as provid-ed by law.

** 3. The general confiscation of property isprohibited. The death penalty shall not beimposed, except in the cases provided by lawfor felonies perpetrated in time of war andrelated thereto.

4. The conditions under which the State, fol-lowing a judicial decision, shall indemnify per-sons unjustly or illegally convicted, detainedpending trial, or otherwise deprived of theirpersonal liberty shall be provided by law.

Article 8

No person shall be deprived of the judgeassigned to him by law against his will.

Judicial committees or extraordinary courts,under any name whatsoever, shall not be con-stituted.

Article 9

1. Every person’s home is a sanctuary. Theprivate and family life of the individual isinviolable. No home search shall be made,except when and as specified by law and always

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in the presence of representatives of the judi-cial power.

2. Violators of the preceding provision shallbe punished for violating the home’s asylumand for abuse of power, and shall be liable forfull damages to the sufferer, as specified by law.

** Article 9A

All persons have the right to be protectedfrom the collection, processing and use, espe-cially by electronic means, of their personaldata, as specified by law. The protection of per-sonal data is ensured by an independent author-ity, which is constituted and operates as speci-fied by law.

Article 10

1. Each person, acting on his own or togeth-er with others, shall have the right, observingthe laws of the State, to petition in writing pub-lic authorities, who shall be obliged to takeprompt action in accordance with provisions inforce, and to give a written and reasoned replyto the petitioner as provided by law.

2. Prosecution of the person who has sub-mitted a petition for punishable acts containedtherein shall be permitted only after notifica-tion of the final decision of the authority towhich the petition was addressed has takenplace and after permission of this authority hasbeen obtained.

** 3. The competent service or authority isobliged to reply to requests for the provision ofinformation and for the supply of documents,especially certificates, supporting documents andattestations, within a set deadline not exceed-

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ing 60 days, as specified by law. In case thisdeadline elapses without action or in case ofunlawful refusal, in addition to any other sanc-tions and consequences at law, special mone-tary compensation is also paid to the applicant,as specified by law.

Article 11

1. Greeks shall have the right to assemblepeaceably and unarmed.

2. The police may be present only at out-door public assemblies. Outdoor assemblies maybe prohibited by a reasoned police authoritydecision, in general if a serious threat to pub-lic security is imminent, and in a specific area,if a serious disturbance of social and economiclife is threatened, as specified by law.

** Article 12

1. Greeks shall have the right to form non-profit associations and unions, in compliancewith the law, which, however, may never subje-ct the exercise of this right to prior permission.

2. An association may not be dissolved forviolation of the law or of a substantial provi-sion of its statutes, except by court judgment.

3. The provisions of the preceding paragraphshall apply, as the case may be, to unions ofpersons not constituting an association.

4. Agricultural and urban cooperatives of alltypes shall be self-governed according to theprovisions of the law and of their statutes; theyshall be under the protection and supervisionof the State which is obliged to provide fortheir development.

5. Establishment by law of compulsory coop-

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eratives serving purposes of common benefit orpublic interest or common exploitation of farm-ing areas or other wealth producing sourcesshall be permitted, on condition however thatthe equal treatment of all participants shall beassured.

Article 13

1. Freedom of religious conscience is invio-lable. The enjoyment of civil rights and liber-ties does not depend on the individual’s reli-gious beliefs.

2. All known religions shall be free and theirrites of worship shall be performed unhinderedand under the protection of the law. The prac-tice of rites of worship is not allowed to offendpublic order or the good usages. Proselytism isprohibited.

3. The ministers of all known religions shallbe subject to the same supervision by the Stateand to the same obligations towards it as thoseof the prevailing religion.

4. No person shall be exempt from dis-charging his obligations to the State or mayrefuse to comply with the laws by reason of hisreligious convictions.

5. No oath shall be imposed or administeredexcept as specified by law and in the form deter-mined by law.

Article 14

1. Every person may express and propagatehis thoughts orally, in writing and through thepress in compliance with the laws of the State.

2. The press is free. Censorship and all oth-er preventive measures are prohibited.

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3. The seizure of newspapers and otherpublications before or after circulation is pro-hibited.

Seizure by order of the public prosecutorshall be allowed exceptionally after circulationand in case of:

a) an offence against the Christian or anyother known religion,

b) an insult against the person of the Pres-ident of the Republic,

c) a publication which discloses informationon the composition, equipment and set-up ofthe armed forces or the fortifications of thecountry, or which aims at the violent overthrowof the regime or is directed against the territo-rial integrity of the State,

d) an obscene publication which is obvious-ly offensive to public decency, in the cases stip-ulated by law.

4. In all the cases specified under the pre-ceding paragraph, the public prosecutor must,within twenty-four hours from the seizure, sub-mit the case to the judicial council which, with-in the next twenty-four hours, must rule whetherthe seizure is to be maintained or lifted; other-wise it shall be lifted ipso jure. An appeal maybe lodged with the Court of Appeals and theSupreme Civil and Criminal Court by the pub-lisher of the newspaper or other printed matterseized and by the public prosecutor.

** 5. Every person offended by an inaccu-rate publication or broadcast has the right toreply, and the information medium has a cor-responding obligation for full and immediateredress. Every person offended by an insultingor defamatory publication or broadcast has alsothe right to reply, and the information medium

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has a corresponding obligation to immediatelypublish or transmit the reply. The manner inwhich the right to reply is exercised and inwhich full and immediate redress is assured orpublication and transmission of the reply ismade, shall be specified by law.

6. After at least three convictions within fiveyears for the criminal acts defined under para-graph 3, the court shall order the definitive banor the temporary suspension of the publicationof the paper and, in severe cases, shall prohib-it the convicted person from practising the pro-fession of journalist as specified by law. Theban or suspension of publication shall be effec-tive as of the date the court order becomesirrevocable.

** 7. Matters relating to the civil and cri-minal liability of the press and of the otherinformation media and to the expeditious trialof relevant cases, shall be specified by law.

8. The conditions and qualifications requi-site for the practice of the profession of jour-nalist shall be specified by law.

** 9. The ownership status, the financial si-tuation and the means of financing of informa-tion media must be made known as specifiedby law. The measures and restrictions necessaryfor fully ensuring transparency and plurality ininformation shall be specified by law. The con-centration of the control of more than oneinformation media of the same type or of dif-ferent types is prohibited. More specifically,concentration of more than one electronic infor-mation media of the same type is prohibited,as specified by law. The capacity of owner, part-ner, major shareholder or managing director ofan information media enterprise, is incompati-

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ble with the capacity of owner, partner, majorshareholder or managing director of an enter-prise that undertakes towards the Public Admin-istration or towards a legal entity of the widerpublic sector to perform works or to supplygoods or services. The prohibition of the previ-ous section extends also over all types of inter-mediary persons, such as spouses, relatives,financially dependent persons or companies.The specific regulations, the sanctions, whichmay extend to the point of revocation of thelicense of a radio or television station and tothe point of prohibition of the conclusion or tothe annulment of the pertinent contract, as wellas the means of control and the guarantees forthe prevention of infringements of the previoussections, shall be determined by law.

Article 15

1. The protective provisions for the press inthe preceding article shall not be applicable tofilms, sound recordings, radio, television or anyother similar medium for the transmission ofspeech or images.

** 2. Radio and television shall be underthe direct control of the State. The control andimposition of administrative sanctions belongto the exclusive competence of the NationalRadio and Television Council, which is an inde-pendent authority, as specified by law. Thedirect control of the State, which may alsoassume the form of a prior permission status,shall aim at the objective and on equal termstransmission of information and news reports,as well as of works of literature and art, atensuring the quality level of programs mandat-ed by the social mission of radio and television

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and by the cultural development of the Coun-try, as well as at the respect of the value of thehuman being and the protection of childhoodand youth.

Matters relating to the mandatory and freeof charge transmission of the workings of theParliament and of its committees, as well as ofthe electoral campaign messages of the politi-cal parties by radio and television, shall be spec-ified by law.

Article 16

1. Art and science, research and teachingshall be free and their development and pro-motion shall be an obligation of the State. Aca-demic freedom and freedom of teaching shallnot exempt anyone from his duty of allegianceto the Constitution.

2. Education constitutes a basic mission forthe State and shall aim at the moral, intellec-tual, professional and physical training ofGreeks, the development of national and reli-gious consciousness and at their formation asfree and responsible citizens.

3. The number of years of compulsory edu-cation shall be no less than nine.

4. All Greeks are entitled to free educationon all levels at State educational institutions.The State shall provide financial assistance tothose who distinguish themselves, as well as tostudents in need of assistance or special pro-tection, in accordance with their abilities.

5. Education at university level shall be pro-vided exclusively by institutions which are fullyself-governed public law legal persons. Theseinstitutions shall operate under the supervisionof the State and are entitled to financial assis-

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tance from it; they shall operate on the basis ofstatutorily enacted by-laws. Merging or splittingof university level institutions may take placenotwithstanding any contrary provisions, as alaw shall provide.

A special law shall define all matters per-taining to student associations and the partici-pation of students therein.

6. Professors of university level institutionsshall be public functionaries. The remainingteaching personnel likewise perform a publicfunction, under the conditions specified by law.The statutes of respective institutions shalldefine matters relating to the status of all theabove.

Professors of university level institutions shallnot be dismissed prior to the lawful termina-tion of their term of service, except in the cas-es of the substantive conditions provided byarticle 88 paragraph 4 and following a decisionby a council constituted in its majority of high-est judicial functionaries, as specified by law.

The retirement age of professors of univer-sity level institutions shall be determined bylaw; until such law is issued, professors on activeservice shall retire ipso jure at the end of theacademic year at which they have reached theage of sixty-seven.

7. Professional and any other form of spe-cial education shall be provided by the State,through schools of a higher level and for a timeperiod not exceeding three years, as specifical-ly provided by law which also defines the pro-fessional rights of the graduates of such schools.

8. The conditions and terms for granting alicense for the establishment and operation ofschools not owned by the State, the supervision

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of such and the professional status of teachingpersonnel therein shall be specified by law.

The establishment of university level institu-tions by private persons is prohibited.

9. Athletics shall be under the protectionand the ultimate supervision of the State.

The State shall make grants to and shallcontrol all types of athletic associations, as spec-ified by law. The use of grants in accordancewith the purpose of the associations receivingthem shall also be specified by law.

Article 17

1. Property is under the protection of theState; rights deriving there from, however, maynot be exercised contrary to the public interest.

** 2. No one shall be deprived of his prop-erty except for public benefit which must beduly proven, when and as specified by statuteand always following full compensation corre-sponding to the value of the expropriated prop-erty at the time of the court hearing on theprovisional determination of compensation. Incases in which a request for the final determi-nation of compensation is made, the value atthe time of the court hearing of the requestshall be considered.

If the court hearing for the final determina-tion of compensation takes place after one yearhas elapsed from the court hearing for the pro-visional determination, then, for the determina-tion of the compensation the value at the timeof the court hearing for the final determinationshall be taken into account. In the decisiondeclaring an expropriation, specific justificationmust be made of the possibility to cover thecompensation expenditure. Provided that the

34


beneficiary consents thereto, the compensationmay be also paid in kind, especially in the formof granting ownership over other property orof granting rights over other property.

3. Any change in the value of expropriatedproperty occurring after publication of the actof expropriation and resulting exclusively therefrom shall not be taken into account.

** 4. Compensation is determined by thecompetent courts. Such compensation may alsobe determined provisionally by the court afterhearing or summoning the beneficiary, who maybe obliged, at the discretion of the court, tofurnish a commensurate guarantee in order tocollect the compensation, as provided by thelaw. Notwithstanding article 94, a law may pro-vide for the establishment of a uniform juris-diction, for all disputes and cases relating toexpropriation, as well as for conducting the rel-evant trials as a matter of priority. The mannerin which pending trials are continued, may beregulated by the same law.

Prior to payment of the final or provisionalcompensation, all rights of the owner shallremain intact and occupation of the propertyshall not be allowed.

In order for works of a general importancefor the economy of the country to be carriedout, it is possible that, by special decision ofthe court which is competent for the final orthe provisional determination of the compensa-tion, the execution of works even prior to thedetermination and payment of the compensa-tion is allowed, provided that a reasonable partof the compensation is paid and that full guar-antee is provided in favour of the beneficiaryof the compensation, as provided by law. The

35


second period of the first section applies accord-ingly also to these cases.

Compensation in the amount determined bythe court must in all cases be paid within oneand one half years at the latest from the dateof publication of the decision regarding provi-sional determination of compensation payable,and in cases of a direct request for the finaldetermination of compensation, from the dateof publication of the court ruling, otherwise theexpropriation shall be revoked ipso jure.

The compensation as such is exempt fromany taxes, deductions or fees.

5. The cases in which compulsory compen-sation shall be paid to the beneficiaries for lostincome from expropriated property until thetime of payment of the compensation shall bespecified by law.

6. In the case of execution of works servingthe public benefit or being of a general impor-tance to the economy of the country, a law mayallow the expropriation in favour of the Stateof wider zones beyond the areas necessary forthe execution of the works. The said law shallspecify the conditions and terms of such expro-priation, as well as the matters pertaining tothe disposal for public or public utility purpos-es in general, of areas expropriated in excess ofthose required.

7. The digging of underground tunnels atthe appropriate depth without compensation,may be allowed by law for the execution ofworks of evident public utility for the State,public law legal persons, local government agen-cies, public utility agencies and public enter-prises, on condition that the normal exploita-

36


tion of the property situated above shall not behindered.

Article 18

1. The ownership and disposal of mines,quarries, caves, archaeological sites and treas-ures, mineral, running and underground watersand underground resources in general, shall beregulated by special laws.

2. The ownership, exploitation and adminis-tration of lagoons and large lakes, as well asthe general disposal of areas resulting from thedraining of such, shall be regulated by law.

3. Requisitions of property for the needs ofthe armed forces in case of war or mobilization,or for the purpose of facing an immediate socialemergency that may endanger public order orhealth, shall be regulated by special laws.

4. The redistribution of agricultural areasfor the purpose of exploiting the land moreprofitably, as well as the adoption of measuresto prevent excessive parcelling or to facilitaterestructuring of small parcelled farm holdings,shall be allowed in accordance with the proce-dure specified by special law.

5. In addition to the cases specified in thepreceding paragraphs, the law may provide forother necessary deprivations of the free use andenjoyment of property, owing to special cir-cumstances. The law shall specify the obligorand the procedure of payment to the personentitled to compensation for the use or enjoy-ment, which must be commensurate to the con-ditions present on each occasion.

Measures imposed in accordance with thisparagraph shall be lifted as soon as the specialreasons that necessitated them cease to exist.

37


In case of undue prolongation of the measures,the Supreme Administrative Court shall decideon their revocation, by categories of cases, uponrecourse by any person having a legitimateinterest.

6. A law may regulate the disposal of aban-doned lands for the purpose of revalorisingthem to the benefit of the national economyand the rehabilitation of destitute farmers. Thesame law shall provide for the matters of partialor full compensation of owners, in case of theirreappearance within a reasonable time limit.

7. Compulsory joint ownership of adjoiningproperties in urban areas may be introduced bylaw, if independent rebuilding on the said prop-erties or some of them does not conform withthe applicable or prospective building regula-tions in the area.

8. Farmlands belonging to the PatriarchalMonasteries of Aghia Anastasia Pharmacolytriain Chalkidiki, of Vlatadhes in Thessaloniki andIoannis the Evangelist Theologos in Patmos,with the exception of the dependencies thereof,cannot be subject to expropriation. Likewisethe property in Greece of the Patriarchates ofAlexandria, Antiocheia and Jerusalem and thatof the Holy Monastery of Mount Sinai cannotbe subject to expropriation.

Article 19

1. Secrecy of letters and all other forms offree correspondence or communication shall beabsolutely inviolable. The guaranties underwhich the judicial authority shall not be boundby this secrecy for reasons of national securityor for the purpose of investigating especiallyserious crimes, shall be specified by law.

38


** 2. Matters relating to the constitution,the operation and the functions of the inde-pendent authority ensuring the secrecy of para-graph 1 shall be specified by law.

** 3. Use of evidence acquired in violationof the present article and of articles 9 and 9Ais prohibited.

Article 20

1. Every person shall be entitled to receivelegal protection by the courts and may pleadbefore them his views concerning his rights orinterests, as specified by law.

2. The right of a person to a prior hearingalso applies in any administrative action ormeasure adopted at the expense of his rights orinterests.

Article 21

1. The family, being the cornerstone of thepreservation and the advancement of the Nation,as well as marriage, motherhood and childhood,shall be under the protection of the State.

2. Families with many children, disabled warand peace-time veterans, war victims, widowsand orphans, as well as persons suffering fromincurable bodily or mental ailments are entitledto the special care of the State.

3. The State shall care for the health of cit-izens and shall adopt special measures for theprotection of youth, old age, disability and forthe relief of the needy.

4. The acquisition of a home by the home-less or those inadequately sheltered shall con-stitute an object of special State care.

** 5. Planning and implementing a demo-

39


graphic policy, as well as taking of all necessarymeasures, is an obligation of the State.

** 6. People with disabilities have the rightto benefit from measures ensuring their self-sufficiency, professional integration and partici-pation in the social, economic and political lifeof the Country.

** Article 22

1. Work constitutes a right and shall enjoythe protection of the State, which shall care forthe creation of conditions of employment forall citizens and shall pursue the moral and mate-rial advancement of the rural and urban work-ing population.

All workers, irrespective of sex or other dis-tinctions, shall be entitled to equal pay for workof equal value.

2. General working conditions shall be deter-mined by law, supplemented by collective labouragreements concluded through free negotiationsand, in case of the failure of such, by rulesdetermined by arbitration.

3. The matters relating to the conclusion ofcollective labour agreements by civil servantsand the servants of local government agenciesor of other public law legal persons, shall bespecified by law.

4. Any form of compulsory work is prohibited.Special laws shall determine the requisition

of personal services in case of war or mobiliza-tion or to face defence needs of the country orurgent social emergencies resulting from disas-ters or liable to endanger public health, as wellas the contribution of personal work to localgovernment agencies to satisfy local needs.

40


5. The State shall care for the social securi-ty of the working people, as specified by law.

Interpretative clause:The general working conditions include the

definition of the manner of collection and theagent obliged to collect and return to trade unionsmembership fees specified in their respective by-laws.

Article 23

1. The State shall adopt due measures sa-feguarding the freedom to unionise and theunhindered exercise of related rights againstany infringement thereon within the limits ofthe law.

2. Strike constitutes a right to be exercisedby lawfully established trade unions in order toprotect and promote the financial and the gen-eral labour interests of working people.

Strikes of any nature whatsoever are pro-hibited in the case of judicial functionaries andthose serving in the security corps. The right tostrike shall be subject to the specific limitationsof the law regulating this right in the case ofpublic servants and employees of local gove-rnment agencies and of public law legal per-sons as well as in the case of the employees ofall types of enterprises of a public nature or ofpublic benefit, the operation of which is of vitalimportance in serving the basic needs of thesociety as a whole. These limitations may notbe carried to the point of abolishing the right tostrike or hindering the lawful exercise thereof.

41


Article 24

** 1. The protection of the natural and cul-tural environment constitutes a duty of the Stateand a right of every person. The State is boundto adopt special preventive or repressive meas-ures for the preservation of the environment inthe context of the principle of sustainable devel-opment. Matters pertaining to the protection offorests and forest expanses in general shall beregulated by law. The compilation of a forestregistry constitutes an obligation of the State.Alteration of the use of forests and forestexpanses is prohibited, except where agricultur-al development or other uses imposed for thepublic interest prevail for the benefit of thenational economy.

** 2. The master plan of the country, andthe arrangement, development, urbanisation andexpansion of towns and residential areas in gen-eral, shall be under the regulatory authorityand the control of the State, in the aim of serv-ing the functionality and the development ofsettlements and of securing the best possibleliving conditions.

The relevant technical choices and consider-ations are conducted according to the rules ofscience. The compilation of a national cadastreconstitutes an obligation of the State.

3. For the purpose of designating an area asresidential and of activating its urbanisation,properties included therein must participate,without compensation from the respective agen-cies, in the disposal of land necessary for theconstruction of roads, squares and public utili-ty areas in general, and contribute toward theexpenses for the execution of the basic publicurban works, as specified by law.

42


4. The law may provide for the participationof property owners of an area designated asresidential in the development and generalaccommodation of that area, on the basis of anapproved town plan, in exchange for real estateor apartments of equal value in the parts ofsuch areas that shall finally be designated assuitable for construction or in buildings of thesame area.

5. The provisions of the preceding para-graphs shall also be applicable in the rehabili-tation of existing residential areas. Spacesremaining free after rehabilitation shall be allot-ted to the creation of common utility areas orshall be sold to cover expenses incurred for therehabilitation, as specified by law.

6. Monuments and historic areas and ele-ments shall be under the protection of the State.A law shall provide for measures restrictive ofprivate ownership deemed necessary for pro-tection thereof, as well as for the manner andthe kind of compensation payable to owners.

** Interpretative clause:By forest or forest ecosystem is meant the

organic whole of wild plants with woody trunkon the necessary area of ground which, togetherwith the flora and fauna co-existing there, con-stitute, by means of their mutual interdependenceand interaction, a particular biocoenosis (forestbiocoenosis) and a particular natural environ-ment (forest-derived). A forest expanse exists whenthe wild woody vegetation, either high or shrub-bery, is sparse.

Article 25

** 1. The rights of the human being as an

43


individual and as a member of the society andthe principle of the welfare state rule of laware guaranteed by the State. All agents of theState shall be obliged to ensure the unhinderedand effective exercise thereof. These rights alsoapply to the relations between individuals towhich they are appropriate. Restrictions of anykind which, according to the Constitution, maybe imposed upon these rights, should be pro-vided either directly by the Constitution or bystatute, should a reservation exist in the latter’sfavour, and should respect the principle of pro-portionality.

2. The recognition and protection of the fun-damental and inalienable rights of man by theState aims at the achievement of social progressin freedom and justice.

3. The abusive exercise of rights is not per-mitted.

4. The State has the right to claim of all cit-izens to fulfil the duty of social and nationalsolidarity.

P A R T T H R E EOrganization and Functions

of the State

SECTION I Structure of the State

Article 26

1. The legislative powers shall be exercisedby the Parliament and the President of theRepublic.

44


2. The executive powers shall be exercisedby the President of the Republic and theGovernment.

3. The judicial powers shall be exercised bycourts of law, the decisions of which shall beexecuted in the name of the Greek People.

Article 27

1. No change in the boundaries of the Coun-try can be made without a statute passed by anabsolute majority of the total number of Mem-bers of Parliament.

2. Foreign military forces are not acceptableon Greek territory, nor may they remain in ortraverse it, except as provided by law passed byan absolute majority of the total number ofMembers of Parliament.

Article 28

1. The generally recognised rules of interna-tional law, as well as international conventionsas of the time they are ratified by statute andbecome operative according to their respectiveconditions, shall be an integral part of domes-tic Greek law and shall prevail over any con-trary provision of the law. The rules of interna-tional law and of international conventions shallbe applicable to aliens only under the condi-tion of reciprocity.

2. Authorities provided by the Constitutionmay by treaty or agreement be vested in agen-cies of international organizations, when thisserves an important national interest and pro-motes cooperation with other States. A major-ity of three-fifths of the total number of Mem-

45


bers of Parliament shall be necessary to votethe law ratifying the treaty or agreement.

3. Greece shall freely proceed by law passedby an absolute majority of the total number ofMembers of Parliament to limit the exercise ofnational sovereignty, insofar as this is dictatedby an important national interest, does notinfringe upon the rights of man and the foun-dations of democratic government and is effect-ed on the basis of the principles of equalityand under the condition of reciprocity.

** Interpretative clause:Article 28 constitutes the foundation for the

participation of the Country in the Europeanintegration process.

Article 29

1. Greek citizens possessing the right to votemay freely found and join political parties, theorganization and activity of which must servethe free functioning of democratic government.

Citizens who have not yet acquired the rightto vote may participate in youth sections ofparties.

** 2. Political parties are entitled to receivefinancial support by the State for their elec-toral and operating expenses, as specified bylaw. A statute shall specify the guarantees oftransparency concerning electoral expenses and,in general, the financial management of politi-cal parties, of Members of Parliament, parlia-mentary candidates and candidates for alldegrees of local government. A statute shallimpose the maximum limit of electoral expens-es, may prohibit certain forms of pre-electoralpromotion and shall specify the conditions under

46


which violation of the relevant provisions con-stitutes a ground for the forfeiture of parlia-mentary office on the initiative of the specialbody of the following section. The audit of theelectoral expenses of political parties and par-liamentary candidates is carried out by a spe-cial body which is constituted also with the par-ticipation of senior magistrates, as specified bylaw. A law may also extend these regulations tocandidates for other offices held through elec-tion.

** 3. Manifestations of any nature whatso-ever in favour of or against a political party bymagistrates and by those serving in the armedforces and the security corps, are absolutelyprohibited. In the exercise of their duties, man-ifestations of any nature whatsoever in favourof or against a political party by public ser-vants, employees of local government agencies,of other public law legal persons or of publicenterprises or of enterprises of localgovernment agencies or of enterprises whosemanagement is directly or indirectly appointedby the State, by administrative act or by virtueof its capacity as shareholder, are absolutelyprohibited.

SECTION II The President of the Republic

CHAPTER ONE Election of the President

Article 30

1. The President of the Republic shall reg-ulate the function of the institutions of the

47


Republic. He shall be elected by Parliament fora term of five years, as specified in articles 32and 33.

2. The office of the President shall be incom-patible with any other office, position or function.

3. The presidential tenure commences uponthe swearing-in of the President.

4. In case of war, the presidential tenureshall be extended until termination of the war.

5. Re-election of the same person as Presi-dent is permitted only once.

** Article 31

President of the Republic may be elected aperson who is a Greek citizen for at least fiveyears, is of Greek descent from the father’s ormother’s line, has attained the age of forty andhas the capacity to vote.

Article 32

* 1. The President of the Republic shall beelected by the Parliament through vote by rollcall in a special sitting called for this purposeby the Speaker at least one month before theexpiration of the tenure of the incumbent Pres-ident, as specified by the Standing Orders.

In case of permanent incapacity of the Pres-ident of the Republic to discharge his duties,as specified in paragraph 2 of article 34, as wellas in case of his resignation, demise, or removalfrom office in accordance with the provisionsof the Constitution, the sitting of Parliament inorder to elect a new President is called withinten days at the latest from the premature ter-

48

* One asterisk indicates the provisions or inter-preratives clauses revised in 1986.


mination of the tenure of office by the previ-ous President.

2. In all cases, the election of a Presidentshall be made for a full term.

3. The person receiving a two-thirds major-ity of the total number of Members of Parlia-ment shall be elected President of the Republic.

Should the said majority not be attained,the ballot shall be repeated after five days.

Should the second ballot fail to produce therequired majority, the ballot shall once morebe repeated after five days; the person receiv-ing a three-fifths majority of the total numberof Members of Parliament shall be elected Pres-ident of the Republic.

* 4. Should the third ballot fail to producethe said qualified majority, Parliament shall bedissolved within ten days of the ballot, and elec-tions for a new Parliament shall be called.

As soon as the Parliament thus elected shallhave constituted itself as a body, it shall pro-ceed through vote by roll call to elect the pres-ident of the Republic by a three-fifths majorityof the total number of Members of Parliament.

Should the said majority not be attained,the ballot shall be repeated within five daysand the person receiving an absolute majorityof the votes of the total number of Membersof Parliament shall be elected President of theRepublic. Should this majority also not beattained, the ballot shall once more be repeat-ed after five days between the two persons withthe highest number of votes, and the personreceiving a relative majority shall be deemedelected President of the Republic.

5. Should the Parliament be absent, a spe-cial session shall be convoked to elect the

49


President of the Republic, as specified in para-graph 4.

If the Parliament has been dissolved in anyway whatsoever, the election of the Presidentof the Republic shall be postponed until thenew Parliament shall have constituted itself asa body and within twenty days at the latestthereof, as specified in paragraphs 3 and 4 andin adherence with the provisions of paragraph1 of article 34.

6. Should the procedure specified under thepreceding paragraphs for the election of a newPresident not be completed on time, the incum-bent President of the Republic shall continueto discharge his duties even after his term ofoffice has expired, until a new President of theRepublic is elected.

Interpretative clause:A President of the Republic who has resigned

prior to the expiration of his tenure may not bea candidate in the elections resulting from hisresignation.

Article 33

1. The President-elect shall assume the exer-cise of his duties on the day following the expi-ration of the term of the outgoing President or,in all other cases, on the day following hiselection.

2. Before assuming the exercise of his duties,the President of the Republic shall take thefollowing oath before Parliament:

«I do swear in the name of the Holy andConsubstantial and Indivisible Trinity to safe-guard the Constitution and the laws, to carefor the faithful observance thereof, to defend

50


the national independence and territorialintegrity of the Country, to protect the rightsand liberties of the Greeks and to serve thegeneral interest and the progress of the GreekPeople».

3. A statute shall provide for the civil list ofthe President of the Republic and the func-tioning of services necessary for the dischargeof his duties.

Article 34

1. Should the President of the Republic beabsent abroad for more than ten days, or bedeceased or resign or be removed from officeor be incapable on any ground for the dischargeof his duties, he shall be temporarily replacedby the Speaker of the Parliament; or if there isno Parliament, by the Speaker of the precedingParliament and, should the latter refuse or notexist, by the Cabinet collectively.

During the term of replacement of the Pres-ident, the provisions concerning the dissolutionof Parliament, except in the case specified inarticle 32 paragraph 4, as well as the provisionsrelating to the dismissal of the Cabinet andrecourse to a referendum as specified in article38 paragraph 2 and article 44 paragraph 2, shallnot be applicable.

2. Should the incapacity of the President ofthe Republic to discharge his duties be pro-longed for a period exceeding thirty days, theParliament is mandatorily convoked even if ithas been dissolved, for the purpose of deciding,by a three-fifths majority of the total numberof its members, if the situation calls for theelection of a new President. In no case howev-er may the election of a new President of the

51


Republic be delayed for more than six monthsfrom the commencement of his replacementdue to his incapacity.

CHAPTER TWO Powers and liability from the acts

of the President

Article 35

* 1. No act of the President of the Repub-lic shall be valid nor be executed unless it hasbeen countersigned by the competent Ministerwho, by his signature alone shall be renderedresponsible, and unless it has been published inthe Government Gazette.

If the Cabinet has been relieved of its dutiesas provided by article 38 paragraph 1, and thePrime Minister fails to countersign the relativedecree, this shall be signed by the President ofthe Republic alone.

* 2. By exception, the following acts shallnot require countersignature:

a) The appointment of the Prime Minister,b) The assignment of an exploratory man-

date in accordance with article 37, paragraphs2, 3 and 4,

c) The dissolution of the Parliament inaccordance with articles 32 paragraph 4, and 41paragraph 1, if the Prime Minister fails to coun-tersign, and in accordance with article 53 para-graph 1 if the Cabinet fails to countersign,

d) The return to Parliament of a voted Billor law proposal in accordance with article 42paragraph 1,

e) The staff appointments to the admi-nistrative services of the Presidency of theRepublic.

52


* 3. The decree to proclaim a referendumon a Bill, as provided by article 44 paragraph2, shall be countersigned by the Speaker of theParliament.

Article 36

1. The President of the Republic, complyingabsolutely with the provisions of article 35 pa-ragraph 1, shall represent the State inter-nationally, declare war, conclude treaties ofpeace, alliance, economic cooperation and par-ticipation in international organizations orunions and he shall announce them to the Par-liament with the necessary clarifications, when-ever the interest and the security of the Statethus allow.

2. Conventions on trade, taxation, economiccooperation and participation in internationalorganizations or unions and all others contain-ing concessions for which, according to otherprovisions of this Constitution, no provision canbe made without a statute or which may bur-den the Greeks individually, shall not be oper-ative without ratification by a statute voted bythe Parliament.

3. Secret articles of a treaty may in no casereverse the open ones.

4. The ratification of international treatiesmay not be the object of delegation of legisla-tive power as specified in article 43 paragraphs2 and 4.

Article 37

1. The President of the Republic shallappoint the Prime Minister and on his recom-mendation shall appoint and dismiss the other

53


members of the Cabinet and the Undersecre-taries.

* 2. The leader of the party having theabsolute majority of seats in Parliament shallbe appointed Prime Minister. If no party hasthe absolute majority, the President of theRepublic shall give the leader of the party witha relative majority an exploratory mandate inorder to ascertain the possibility of forming aGovernment enjoying the confidence of the Par-liament.

* 3. If this possibility cannot be ascertained,the President of the Republic shall give theexploratory mandate to the leader of the sec-ond largest party in Parliament, and if thisproves to be unsuccessful, to the leader of thethird largest party in Parliament. Eachexploratory mandate shall be in force for threedays. If all exploratory mandates prove to beunsuccessful, the President of the Republic sum-mons all party leaders, and if the impossibilityto form a Cabinet enjoying the confidence ofthe Parliament is confirmed, he shall attemptto form a Cabinet composed of all parties inParliament for the purpose of holding parlia-mentary elections. If this fails, he shall entrustthe President of the Supreme AdministrativeCourt or of the Supreme Civil and CriminalCourt or of the Court of Audit to form a Cabi-net as widely accepted as possible to carry outelections and dissolves Parliament.

* 4. In cases that a mandate to form a Cabi-net or an exploratory mandate is given in accor-dance with the aforementioned paragraphs, ifthe party has no leader or party spokesman, orif the leader or party spokesman has not beenelected to Parliament, the President of the

54


Republic shall give the mandate to a personproposed by the party’s parliamentary group.The proposal for the assignment of a mandatemust occur within three days of the Speaker’sor his Deputy’s communication to the Presi-dent of the Republic about the number of seatspossessed by each party in Parliament; the afore-said communication must take place before anymandate is given.

*Interpretative clause:As far as exploratory mandates are concerned,

when parties have an equal number of seats inParliament, the one having acquired more votesat the elections, precedes the other. A recentlyformed party with a parliamentary group, asprovided by the Standing Orders of Parliament,follows an older one with an equal number ofseats. In both these instances, exploratory man-dates cannot be given to more than four parties.

Article 38

* 1. The President of the Republic shallrelieve the Cabinet from its duties if the Cabi-net resigns, or if Parliament withdraws its con-fidence, as specified in article 84. In such cas-es, the provisions of paragraphs 2, 3 and 4 ofarticle 37 are analogously applied.

If the Prime Minister of the resigned Cabi-net is also the leader or party spokesman ofthe party with an absolute majority of the totalnumber of Members in Parliament, then theprovision of article 37 paragraph 3, section c isanalogously applied.

2. Should the Prime Minister resign, bedeceased or be unable to discharge his dutiesdue to reasons of health, the President of the

55

***


Republic shall appoint as Prime Minister theperson proposed by the parliamentary group ofthe party to which the departing Prime Minis-ter belongs, provided that this has the absolutemajority of the seats in Parliament. The pro-posal is made within three days at the latestfrom the resignation or demise of the PrimeMinister or from the ascertainment of his inabil-ity to discharge his duties. In case no politicalparty has the absolute majority of the seats inParliament, paragraph 4 is analogously applied,followed by the second section of paragraph 2and by paragraph 3 of the preceding article.

The inability of the Prime Minister to dis-charge his duties due to reasons of health isascertained by the Parliament by virtue of aspecial decision, taken with the absolute major-ity of the total number of Members of Parlia-ment, following a proposal by the parliamen-tary group of the party to which the Prime Min-ister belongs, provided that this has the absolutemajority of the seats in Parliament. In everyother case, the proposal is submitted by at leasttwo fifths of the total number of Members ofParliament.

Until the appointment of the new PrimeMinister, the duties of the Prime Minister areexercised by the first in order Deputy PrimeMinister and, in case no Deputy Prime Minis-ters have been appointed, by the first in orderMinister.

*Interpretative clause:The provision of paragraph 2 is also applied

in the case of replacement of the President of theRepublic, as provided in article 34.

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* Article 39

[Repeald]

Article 40

1. The President of the Republic shall con-voke Parliament to a regular session once ayear as specified in article 64 paragraph 1 andto an extraordinary session whenever he shalljudge this to be reasonable, and he shall pro-claim the commencement and termination ofeach parliamentary term in person or throughthe Prime Minister.

2. The President of the Republic may suspenda parliamentary session only once, either by post-poning its commencement or by adjourning it.

3. Suspension of a session may not be extend-ed beyond a period of thirty days, nor may suchsuspension be repeated during the same sessionwithout the consent of Parliament itself.

Article 41

* 1. The President of the Republic may dis-solve the Parliament when two Governmentshave resigned or have been voted down by Par-liament and its composition fails to guaranteegovernmental stability. Elections are held bythe Government enjoying the confidence of thedissolving Parliament. In all other cases thethird section of paragraph 3 of article 37 isanalogously applied.

* 2. The President of the Republic shall dis-solve the Parliament on the proposal of theCabinet which has received a vote of confi-dence, for the purpose of renewing the popularmandate, in view of dealing with a nationalissue of exceptional importance. Dissolution of

57


the new Parliament for the same issue is pre-cluded.

3. The decree concerning the dissolution ofthe Parliament, countersigned in the case ofthe preceding paragraph by the Cabinet, mustcontain a proclamation of elections within thir-ty days and the convocation of the new Parlia-ment within another thirty days of the elec-tions.

*4. The Parliament elected following the dis-solution of the previous one, may not be dis-solved before the lapse of one year from itsopening session except in those cases describedin article 37 paragraph 3 and paragraph 1 ofthe present article.

5. The dissolution of the Parliament shall becompulsory in the case specified in article 32paragraph 4.

*Interpretative clause:In all cases and without any exception, the

decree concerning the dissolution of Parliamentmust contain a proclamation of elections to beheld within thirty days and the convocation ofthe new Parliament within thirty days of theelections.

* Article 42

1. The President of the Republic shall prom-ulgate and publish the statutes passed by theParliament within one month of the vote. ThePresident of the Republic may, within the time-limit provided for in the preceding sentence,send back a Bill passed by Parliament, statinghis reasons for this return.

2. A Bill sent back to Parliament by thePresident of the Republic shall be introduced

58


to the Plenum and, if it is passed again by anabsolute majority of the total number of mem-bers, following the procedure provided in arti-cle 76 paragraph 2, the President of the Repub-lic is bound to promulgate and publish it with-in ten days of the second vote.

3. [Paragraph 3 repealed].

Article 43

1. The President of the Republic shall issuethe decrees necessary for the execution ofstatutes; he may never suspend the applicationof laws nor exempt anyone from their execution.

2. The issuance of general regulatory decrees,by virtue of special delegation granted by statuteand within the limits of such delegation, shallbe permitted on the proposal of the competentMinister. Delegation for the purpose of issuingregulatory acts by other administrative organsshall be permitted in cases concerning the reg-ulation of more specific matters or matters oflocal interest or of a technical and detailednature.

* 3. [Paragraph 3 repealed by the 1986Amendment].

4. By virtue of statutes passed by the Plenumof the Parliament, delegation may be given forthe issuance of general regulatory decrees forthe regulation of matters specified by suchstatutes in a broad framework. These statutesshall set out the general principles and direc-tives of the regulation to be followed and shallset time-limits within which the delegation mustbe used.

5. Matters which, as specified in article 72paragraph 1, belong to the competence of theplenary session of the Parliament, cannot be

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the object of delegation as specified in the pre-ceding paragraph.

Article 44

1. Under extraordinary circumstances of anurgent and unforeseeable need, the Presidentof the Republic may, upon the proposal of theCabinet, issue acts of legislative content. Suchacts shall be submitted to Parliament for ratifi-cation, as specified in the provisions of article72 paragraph 1, within forty days of theirissuance or within forty days from the convoca-tion of a parliamentary session. Should suchacts not be submitted to Parliament within theabove time-limits or if they should not be rati-fied by Parliament within three months of theirsubmission, they will henceforth cease to be inforce.

* 2. The President of the Republic shall bydecree proclaim a referendum on crucial nation-al matters following a resolution voted by anabsolute majority of the total number of Mem-bers of Parliament, taken upon proposal of theCabinet.

A referendum on Bills passed by Parliamentregulating important social matters, with theexception of the fiscal ones shall be proclaimedby decree by the President of the Republic, ifthis is decided by three-fifths of the total num-ber of its members, following a proposal of two-fifths of the total number of its members, andas the Standing Orders and the law for theapplication of the present paragraph provide.No more than two proposals to hold a referen-dum on a Bill can be introduced in the sameparliamentary term.

Should a Bill be voted, the time-limit stated

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in article 42 paragraph 1 begins the day thereferendum is held.

* 3. The President of the Republic mayunder exceptional circumstances address mes-sages to the People with the consent opinion ofthe Prime Minister. Those messages should becountersigned by the Prime Minister and pub-lished in the Government Gazette.

Article 45

The President of the Republic is the com-mander in chief of the Nation’s Armed Forces,the command of which shall be exercised bythe Government, as specified by law. The Pres-ident shall also confer ranks on those servingtherein, as specified by law.

Article 46

1. The President of the Republic shallappoint and dismiss public servants, in ac-cordance with the law, except in cases specifiedby law.

2. The President of the Republic shall con-fer the established decorations in accordancewith the provisions of the relevant law.

Article 47

1. The President of the Republic shall havethe right, pursuant to a recommendation by theMinister of Justice and after consulting with acouncil composed in its majority of judges, togrant pardons, to commute or reduce sentencespronounced by the courts, and to revoke allconsequences at law of sentences pronouncedand served.

2. The President of the Republic shall have

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the right to grant pardon to a Minister con-victed as provided in article 86, only with theconsent of Parliament.

* 3. Amnesty may be granted only for polit-ical crimes, by statute passed by the Plenum ofthe Parliament with a majority of three-fifths ofthe total number of members.

4. Amnesty for common crimes may not begranted even by law.

* Article 48

1. In case of war or mobilization owing toexternal dangers or an imminent threat againstnational security, as well as in case of an armedcoup aiming to overthrow the democraticregime, the Parliament, issuing a resolutionupon a proposal of the Cabinet, puts into effectthroughout the State, or in parts thereof thestatute on the state of siege, establishes extraor-dinary courts and suspends the force of theprovisions of articles 5 paragraph 4, 6, 8, 9, 11,12 paragraphs 1 to 4 included, 14, 19, 22 para-graph 3, 23, 96 paragraph 4, and 97, in wholeor in part. The President of the Republic pub-lishes the resolution of Parliament.

The resolution of Parliament determines theduration of the effect of the imposed measures,which cannot exceed fifteen days.

2. If the Parliament is absent or if it is objec-tively impossible that it be convoked in time,the measures mentioned in the preceding para-graph are taken by presidential decree issuedon the proposal of the Cabinet. The Cabinetshall submit the decree to Parliament forapproval as soon as its convocation is renderedpossible, even when its term has ended or it

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has been dissolved, and in any case no laterthan fifteen days.

3. The duration of the measures mentionedin the preceding paragraphs may be extendedevery fifteen days, only upon resolution passedby the Parliament which must be convokedregardless of whether its term has ended orwhether it has been dissolved.

4. The measures specified in the precedingparagraphs are lifted ipso jure with the expira-tion of the time-limits specified in paragraphs1, 2 and 3, provided that they are not extend-ed by a resolution of Parliament, and in anycase with the termination of war if this was thereason of their imposition.

5. From the time that the measures referredto in the previous paragraphs come into effect,the President of the Republic may, following aproposal of the Cabinet, issue acts of legislativecontent to meet emergencies, or to restore assoon as possible the functioning of the consti-tutional institutions. Those acts shall be sub-mitted to Parliament for ratification within fif-teen days of their issuance or of the convoca-tion of Parliament in session. Should they notbe submitted to Parliament within the above-mentioned time-limit, or not be approved by itwithin fifteen days of their submission, theycease henceforth to be in force. The statute onthe state of siege may not be amended duringits enforcement.

6. The resolutions of Parliament referred toin paragraphs 2 and 3 shall be adopted by amajority of the total number of members, andthe resolution mentioned in paragraph 1 by athree-fifths majority of the total number of

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members. Parliament must decide these mat-ters in only one sitting.

7. Throughout the duration of the applica-tion of the measures of the state of emergencytaken in accordance with the present article,the provisions of articles 61 and 62 of the Con-stitution shall apply ipso jure regardless ofwhether Parliament has been dissolved or itsterm has ended.

CHAPTER THREE Special Liabilities of the President

of the Republic

Article 49

1. The President of the Republic shall in nocase be held liable for acts performed in thedischarge of his duties, except only for hightreason or intentional violation of the Constitu-tion. For acts not related to the discharge ofhis duties, prosecution shall be suspended untilthe expiration of the presidential term.

2. A proposal to bring charges against andimpeach the President of the Republic shall besubmitted to Parliament signed by at least one-third of its members and shall require for itsadoption a resolution by two-thirds majority ofthe total number of its members.

3. If the proposal is adopted, the Presidentof the Republic shall be arraigned before thecourt specified in article 86, the provisions ofwhich shall be accordingly applicable in thiscase.

4. As of his arraignment, the President ofthe Republic shall abstain from the dischargeof his duties, and shall be replaced as specifiedin article 34. He shall resume his duties if his

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term has not expired, as of the issuance of hisacquittal by the court specified in article 86.

5. The implementation of the provisions ofthe present article shall be provided by lawenacted by the Parliament in a plenary session.

Article 50

The President of the Republic shall have nopowers other than those explicitly conferredupon him by the Constitution and the laws con-current herewith.

SECTION III Parliament

CHAPTER ONE Election and Composition

of Parliament

Article 51

1. The number of the Members of Parlia-ment shall be specified by statute; it cannot,however, be below two hundred or over threehundred.

2. The Members of Parliament represent theNation.

3. The Members of Parliament shall be elect-ed through direct, universal and secret ballotby the citizens who have the right to vote, asspecified by law. The law cannot abridge theright to vote except in cases where a minimumage has not been attained or in cases of legalincapacity or as a result of irrevocable criminalconviction for certain felonies.

** 4. Parliamentary elections shall be held

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simultaneously throughout the Country. Matterspertaining to the exercise of the right to voteby persons living outside the Country may bespecified by statute, adopted by a majority oftwo thirds of the total number of Members ofParliament. Concerning such persons, the prin-ciple of simultaneously holding elections doesnot impede the exercise of their right to voteby postal vote or by other appropriate means,provided that the counting of votes and theannouncement of the results is carried out whenthis is also carried out across the Country.

** 5. The exercise of the right to vote iscompulsory.

Article 52

The free and unfalsified expression of thepopular will as an expression of popular sover-eignty, shall be guaranteed by all State officers,who shall be obliged to ensure such under allcircumstances. Criminal sanctions for violationsof this provision shall be specified by law.

Article 53

1. The Members of Parliament shall be elect-ed for a term of four consecutive years, com-mencing on the day of the general elections.Upon expiration of the parliamentary term,there shall be proclaimed by presidential decreecountersigned by the Cabinet, general parlia-mentary elections to be held within thirty daysand the convocation of the new Parliament inregular session within another thirty days.

2. A parliamentary seat that has becomevacant during the last year of a parliamen-tary term shall not be filled by a by-election,

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where such is required by law, as long as thenumber of vacant seats does not exceed one-fifth of the total number of the Members ofParliament.

3. In case of war, the parliamentary termshall be extended for the entire duration there-of. If Parliament has been dissolved, electionsshall be postponed until the termination of thewar and the Parliament dissolved shall berecalled ipso jure until that time.

Article 54

** 1. The electoral system and constituen-cies are specified by statute which shall be appli-cable as of the elections after the immediatelyfollowing ones, unless an explicit provision,adopted by a majority of two thirds of the totalnumber of Members of Parliament, providesfor its immediate application as of the immedi-ately following elections.

** 2. The number of Members of Parlia-ment elected in each constituency is specifiedby presidential decree on the basis of the legalpopulation thereof, deriving, according to thelatest census, from the persons registered inthe relevant municipal rolls, as specified by law.

The results of the census are considered tohave been published on the basis of the data ofthe competent service, after one year has elapsedfrom the last day on which the census was con-ducted.

3. Part of the Parliament, comprising notmore than the one twentieth of the total num-ber of its members, may be elected throughoutthe Country at large in proportion to the totalelectoral strength of each party throughout theCountry, as specified by law.

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CHAPTER TWODisqualifications and Incompatibilities

for Members of Parliament

Article 55

1. To be elected as Member of Parliament,one must be a Greek citizen, have the legalcapacity to vote and have attained the age oftwenty-five years on the day of the election.

2. A Member of Parliament deprived of anyof the above qualifications shall forfeit his par-liamentary office ipso jure.

Article 56

** 1. Salaried civil functionaries and ser-vants, other servants of the State, persons serv-ing in the armed forces and the security corps,servants of local government agencies or of oth-er public law legal persons, elected single-mem-ber organs of local government agencies, gov-ernors, deputy governors or chairmen of theboards of directors or managing or executivedirectors of public law legal persons or of state-controlled legal entities of private law or ofpublic enterprises or of enterprises whose man-agement the State appoints directly or indirect-ly by administrative act or by virtue of its capac-ity as shareholder, or of local government enter-prises, may neither stand for election nor beelected to Parliament if they do not resign pri-or to their nomination as candidates. Resigna-tion is effective merely upon being submittedin writing. Militaries who have resigned arebarred from returning to active service. Higherelected single-person organs of local govern-ment agencies of the second degree, may not

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stand for election nor be elected to Parliamentthroughout the term for which they have beenelected, even if they resign.

2. Professors of institutions of university lev-el are exempt from the restrictions of the pre-ceding paragraph. The exercise of the duties ofprofessor shall be suspended for the durationof the parliamentary term and the manner ofreplacement of professors elected to Parliamentshall be specified by law.

** 3. The following persons may not standfor election nor be elected to Parliament in theelectoral district where they served or in anyconstituency to which their local powers extend-ed during the last eighteen months of the four-year parliamentary term:

a) Governors, deputy governors, chairmen ofthe boards of directors, managing and executivedirectors of public law legal persons, with theexception of associations, of state-owned privatelaw legal persons and of public enterprises or ofenterprises whose management the Stateappoints directly or indirectly by administrativeact or by virtue of its capacity as shareholder.

b) Members of independent authoritieswhich are constituted and operate in accor-dance with article 101A, as well as of the author-ities designated by law as independent or regu-latory.

c) High and highest-ranking officers of thearmed forces and the security corps.

d) Salaried servants of the State, of local gov-ernment agencies and their enterprises, as wellas of the legal entities and enterprises fallingunder case (a) who held the post of head of anorganic unit at the level of a directorate or acorresponding post, as specifically provided by

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law. Servants mentioned in the preceding sectionwho exercise a larger local power are subject tothe restrictions of this paragraph concerning con-stituencies other than those of their seat, only incase they were holding a post of head of unit atthe level of general directorate or another corre-sponding level, as specifically provided by statute.

e) General or special Secretaries of min-istries or of autonomous secretariats, generalor regional administrations and all persons thatthe law equalises with these.

Persons nominated for State Deputies shallnot be subject to the restrictions of this paragraph.

4. Civil servants and militaries, generally,having undertaken an obligation by law toremain in service for a certain period of time,may not stand for election nor be elected toParliament while their obligation is in force.

Article 57

1. The duties of Member of Parliamentare incompatible with the job or the capacity ofowner or partner or shareholder or governor oradministrator or member of the board of direc-tors or general manager or a deputy thereof, ofan enterprise that:

a) Undertakes Public works or studies orprocurements or the provision of services tothe State or concludes with State similar con-tacts of a development or investment nature

b) Enjoys special privilegesc) Owns or manages a radio or television

station or publishes a newspaper of country-wide circulation in Greece

*****

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*** Three asterisks indicate the provisions orinterpreratives clauses revised in 2008.


d) Exercises by concession a public service ora public enterprise or a public utility enterprise

e) Rents for commercial purposes real estateowned by the State

For the purposes of the application of thisparagraph, local government agencies, other pub-lic law legal persons, state-owned private lawlegal persons, public enterprises, enterprises oflocal government agencies and other enterpris-es of local government agencies and other enter-prises whose management the state appointsdirectly or indirectly by administrative act or byvirtue of its capacity as shareholder, are equat-ed to the State. A shareholder of an enterprisefalling within the restrictions of this paragraphis every person possessing a percentage of morethan one percent of its share capital.

By special law professional activities may bedetermined, beyond those mentioned in the pre-vious sections, whose exercise is not permittedto Members of Parliament.

Violation of the provisions of the presentparagraph shall result in the forfeiture fromparliamentary office and in the nullity of therelated contracts or acts, as specified by law.

** 2. Members of Parliament falling withinthe provisions of the first section of the pre-ceding paragraph must, within eight days fromthe day on which their election becomes final,select between their parliamentary office andthe above stated job or capacities. Should theyfail to make the said statement within the abovedeadline, they shall forfeit their parliamentaryoffice ipso jure.

** 3. Members of Parliament who accept anyof the capacities or activities mentioned in thisor in the preceding article and which are char-

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acterised as impediments to run for Par-liament or as being incompatible with holdingparliamentary office, shall forfeit that office ipsojure.

** 4. The manner of continuation or trans-fer or dissolution of contracts mentioned inparagraph 1 and undertaken by a Member ofParliament or by an enterprise to which he par-ticipated before his election, or undertaken ina capacity incompatible with his office, shall bespecified by law.

Article 58

The hearing of objections raised against thevalidity of parliamentary elections and their ver-ification concerning either electoral violationsrelated to the conduct of the elections, or thelack of legal qualifications, is assigned to theSupreme Special Court of article 100.

CHAPTER THREE Duties and Rights of Members

of Parliament

Article 59

1. Before undertaking the discharge of theirduties, Members of Parliament shall take thefollowing oath in the Chamber and in a publicsitting.

«I swear in the name of the Holy Consubsta-ntial and Indivisible Trinity to keep faith in myCountry and in the democratic form of govern-ment, obedience to the Constitution and thelaws and to discharge conscientiously my duties».

2. Members of Parliament who are of a dif-ferent religion or creed shall take the same

72


oath according to the form of their own reli-gion or creed.

3. Members of Parliament proclaimed elect-ed in the absence of Parliament shall take theoath in the Section in session.

Article 60

1. Members of Parliament enjoy unrestrict-ed freedom of opinion and right to vote accord-ing to their conscience.

2. The resignation from parliamentary officeis a right of the Member of Parliament and iseffectuated as soon as the Member of Parlia-ment submits a written declaration to the Speak-er of the Parliament; this declaration is irrevo-cable.

Article 61

1. A Member of Parliament shall not beprosecuted or in any way interrogated for anopinion expressed or a vote cast by him in thedischarge of his parliamentary duties.

2. A Member of Parliament may be prose-cuted only for libel, according to the law, afterleave has been granted by Parliament. The Courtof Appeals shall be competent to hear the case.Such leave is deemed to be conclusively deniedif Parliament does not decide within forty-fivedays from the date the charges have been sub-mitted to the Speaker. In case of refusal togrant leave or if the time-limit lapses withoutaction, no charge can be brought for the actcommitted by the Member of Parliament.

This paragraph shall be applicable as of thenext parliamentary session.

3. A Member of Parliament shall not be

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liable to testify on information given to him orsupplied by him in the course of the dischargeof his duties, or on the persons who entrustedthe information to him or to whom he suppliedsuch information.

Article 62

During the parliamentary term the Mem-bers of Parliament shall not be prosecuted,arrested, imprisoned or otherwise confinedwithout prior leave granted by Parliament. Like-wise, a member of a dissolved Parliament shallnot be prosecuted for political crimes duringthe period between the dissolution of Parlia-ment and the declaration of the election of themembers of the new Parliament.

Leave shall be deemed not granted if Par-liament does not decide within three months ofthe date the request for prosecution by the pub-lic prosecutor was transmitted to the Speaker.

The three month limit is suspended duringthe Parliament’s recess.

No leave is required when Members of Par-liament are caught in the act of committing afelony.

Article 63

1. For the discharge of their duties, Mem-bers of Parliament shall be entitled to receivecompensation and expenses from the State; theamount of both shall be determined by thePlenum of the Parliament.

2. Members of Parliament shall enjoy exemp-tion from transportation, postal and telephonecharges, the extent of which shall be determinedby decision of the Parliament in plenary session.

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3. In case of unjustified absence of a mem-ber for more than five sittings per month, one-thirtieth of his monthly compensation shall bewithheld for each absence.

CHAPTER FOUR Organization and functioning

of the Parliament

Article 64

1. The Parliament shall convene, ipso jure,on the first Monday of the month of Octoberof each year in a regular session to conduct itsannual business, unless convoked at an earlierdate by the President of the Republic, in accor-dance with Article 40.

2. The duration of a regular session shallnot be shorter than five months, not includingthe time of suspension specified in Article 40.

A regular session is compulsorily extendeduntil the budget is authorized in accordancewith article 79 or until the special law provid-ed in the same article is passed.

Article 65

1. Parliament shall determine the manner ofits free and democratic operation by adoptingits own Standing Orders; these shall be adopt-ed by the Plenum as specified in Article 76 andshall be published in the Government Gazetteon the order of the Speaker.

2. Parliament shall elect from among its mem-bers the Speaker and the other members of thePresidium as provided by the Standing Orders.

3. The Speaker and Deputy Speakers shallbe elected at the beginning of each parliamentary

75


term. This provision shall not apply to the Speak-er and Deputy Speakers elected by the first ses-sion of the Fifth Revisionary Parliament.

On a recommendation by fifty Members theParliament may reprimand the Speaker or amember of the Presidium thus causing the ter-mination of his tenure.

4. The Speaker directs the business of Parlia-ment; he cares to ensure the unhindered con-duct of the business, safeguards the freedom ofopinion and expression of the Members of Par-liament and the maintenance of order. He isentitled to resort even to disciplinary measuresagainst a member misbehaving as specified bythe Standing Orders.

5. A scientific service to the Parliament maybe established through the Standing Orders toassist Parliament in its legislative work.

6. The Standing Orders shall determine theorganization of the services of the Parliamentunder the supervision of the Speaker; all mat-ters concerning its personnel shall likewise beregulated. Acts of the Speaker concerning theappointment and the professional status of thepersonnel of the Parliament shall be subject torecourse on points of act and points of law orpetition for annulment lodged with the SupremeAdministrative Court.

Article 66

1. The Parliament shall hold public sittingsin the Chamber; however, upon the Govern-ment’s petition or upon the petition of fifteenMembers of Parliament and pursuant to amajority decision reached in a closed meeting,the Parliament may deliberate behind closeddoors. Thereafter Parliament shall resolve

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whether the debate on the same subject shallbe repeated in an open sitting.

2. Ministers and Undersecretaries shall befree to attend the sittings of Parliament andshall be heard whenever they request the floor.

** 3. The Parliament and parliamentary com-mittees may request the presence of Ministersor Undersecretaries when they discuss mattersfor which they are competent. Parliamentarycommittees may invite any person they consideruseful to their work, informing the competentMinister accordingly. Parliamentary committeesconvene in public sittings, as specified by theStanding Orders; however, they may deliberatebehind closed doors, following a request by theGovernment or by five Members of Parliament,if the majority so decides in a session behindclosed doors. The parliamentary committee thendecides whether the discussion on the same sub-ject should be held again in a public sitting.

Article 67

Parliament cannot resolve without anabsolute majority of the members present, whichin no case may be less than one-fourth of thetotal number of the Members of Parliament.

In the case of a tie vote, the vote shall berepeated; in the case of a second tie the pro-posal shall be rejected.

Article 68

** 1. At the beginning of each regular ses-sion, Parliament shall set up standing parlia-mentary committees composed of Members ofParliament for the examination and processing

77


of Bills and law proposals submitted, as speci-fied by the Standing Orders of the Parliament.

2. Parliament shall set up investigation com-mittees from among its members by a resolu-tion supported by two-fifths of the total num-ber of members, on the proposal of one-fifth ofthe total number of members.

A parliamentary resolution adopted by anabsolute majority of the total number of mem-bers shall be required in order to set up inves-tigation committees on matters related to for-eign policy and national defence.

Details pertaining to the composition andoperation of such committees shall be providedby the Standing Orders.

3. Parliamentary and investigation commit-tees, as well as Sections of Parliament specifiedin articles 70 and 71 shall be established in pro-portion to the strength of parties, groups andindependents, as specified by the StandingOrders.

Article 69

No person shall appear at his own initiativebefore the Parliament to make an oral or writ-ten report. Reports shall be presented througha member or shall be handed over to the Speak-er. Parliament shall have the right to forwardany reports addressed thereto to the Ministersand Undersecretaries who shall be obliged tooffer explanations when so requested.

Article 70

1. The Parliament shall conduct its legisla-tive business in Plenum.

** 2. The Standing Orders of the Parliament

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shall provide for the exercise of the legislativework specified therein, to may also be con-ducted by the standing parliamentary commit-tees which are established and function duringthe session, as specified by the Standing Ordersand subject to the restrictions of article 72.

** 3. The Standing Orders of Parliamentshall likewise determine the allocation of com-petences by Ministries among the standing par-liamentary committees.

** 4. Unless otherwise stated, the provi-sions of the Constitution concerning the Parlia-ment shall apply to its functioning in Plenumand in Section pursuant to article 71, as well asfor the functioning of the parliamentary com-mittees.

** 5. In order for the Section envisaged inarticle 71 and for the standing parliamentarycommittees to decide when exercising their leg-islative work in accordance with paragraph 2 ofthe present article, a majority of no less thantwo fifths of the number of their members isrequired.

** 6. Parliamentary control shall be exer-cised by the Plenum, as specified by the Stand-ing Orders. The Standing Orders may pro-vide the exercise of parliamentary control alsoby the Section envisaged in article 71, as wellas by the standing parliamentary commit-tees established and functioning during thesession.

** 7. The Standing Orders shall specify themanner in which Members of Parliament whoare on a Parliament or a Government missionabroad shall participate in voting.

** 8. The Standing Orders of Parliamentshall specify the manner in which the Parlia-

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ment is informed by the Government on issuesbeing the object of regulation in the frameworkof the European Union, and debates on these.

Article 71

When Parliament is in recess, its legislativebusiness, with the exception of statutes belongingto the competence of the Plenum as specified inarticle 72, shall be conducted by a Section ofParliament, established and operating as speci-fied in article 68 paragraph 3 and article 70.

The Standing Orders may provide for theexamination of Bills by a Parliamentary Com-mittee composed of members of the sameSection.

** Article 72

1. Parliament debates and votes in Plenumon its Standing Orders, on Bills and law pro-posals on the subjects of articles 3, 13, 27, 28paragraphs 2 and 3, 29 paragraph 2, 33 para-graph 3, 48, 51, 54, 86, on Bills and proposalsimplementing the Constitution on the exerciseand protection of individual rights, on Bills andlaw proposals on the authentic interpretationof the statutes as well as on every other matterreferred to the Plenum by special provision ofthe Constitution or for the regulation of whicha special majority is required.

The Parliament in Plenum shall also votethe budget and the financial statement of theState and of Parliament.

2. Debates and votes on all other Bills orlaw proposals may be carried out during thesession by the competent standing parliamen-tary committee, pursuant to the provisions of

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article 70. They are also carried out by the Sec-tion established and functioning pursuant toarticle 71 during the period in which Parlia-ment is in recess, as specified by the StandingOrders.

3. The standing parliamentary committeeassuming the voting of a Bill or law proposalmay, by resolution adopted by the absolutemajority of its members, refer any dispute overits competence to the Plenum. The resolutionof the Plenum shall be binding on the com-mittees.

At least one week must intervene betweensubmission of a Bill or law proposal and itsdebate in the standing parliamentary committee.

4. A Bill or law proposal debated and vot-ed in the competent standing parliamentarycommittee is introduced in the Plenum in onesession, as specified by the Standing Orders ofthe Parliament, and is debated and voted inprinciple, by article and as a whole. A Bill orlaw proposal voted in the committee by a major-ity of at least four fifths is debated and votedin the Plenum, as specified by the StandingOrders.

CHAPTER FIVEThe legislative function of Parliament

Article 73

1. The right to introduce Bills belongs tothe Parliament and the Government.

2. Bills pertaining in any way to the granti-ng of a pension and the prerequisites thereofshall be introduced only by the Minister ofFinance after an opinion of the Court of Audit;in the case of pensions burdening on the budg-

81


et of local government agencies or other pub-lic law legal persons, Bills shall be submitted bythe competent Minister and the Minister ofFinance. Pensions must be proposed by meansof special Bills; the insertion of provisions per-taining to pensions in Bills introduced to regu-late other matters, is not permitted under penal-ty of nullity.

3. No law proposal or amendment or addi-tion which originated in Parliament shall beintroduced for debate if it results in an expen-diture or a reduction of revenues or assets forthe State or local government agencies or oth-er public law legal persons, for the purpose ofpaying a salary or pension or otherwise bene-fiting a person.

4. However, an amendment or addition intro-duced by a party leader or a spokesman of aparliamentary group as specified in article 74paragraph 3 shall be acceptable in the case ofBills concerning the organization of public serv-ices and agencies of public interest, the statusof civil servants in general, military and securi-ty corps officers, employees of local govern-ment agencies or other public law legal personsand public enterprises in general.

5. Bills introducing local or special taxes orcharges of any nature on behalf of agencies or,public or private law legal persons, must becountersigned by the Minister of Coordinationand the Minister of Finance.

Article 74

1. Every Bill or law proposal must be ac-companied by an explanatory report; beforeit is introduced to the Plenum or to a Sectionof Parliament, it may be referred for legisla-

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tive elaboration to the scientific service definedin article 65 paragraph 5 as soon as this serv-ice is established, as specified by the StandingOrders.

2. Bills or law proposals tabled in Parlia-ment shall be referred to the appropriate par-liamentary committee. When the report hasbeen submitted or when the time-limit for itssubmittal has elapsed inactively, the Bill shallbe introduced for debate to Parliament afterthree days, unless it has been designated asurgent by the competent Minister. The debateshall begin following an oral introduction bythe competent Minister and the rapporteurs ofthe committee.

3. Amendments submitted by Members ofParliament to Bills or law proposals for whichthe Plenum or the Sections of Parliament arecompetent, shall not be introduced for debateif they have not been submitted up to andincluding the day prior to the commencementof the debate, unless the Government consentsto such a debate.

4. A Bill or law proposal for the amend-ment of a provision of a statute shall not beintroduced for debate if the accompanyingexplanatory report does not contain the full textof the provision to be amended and if the textof the Bill or law proposal does not contain thefull text of the new provision as amended.

** 5. The provisions of paragraph 1 alsoapply for Bills or law proposals introduced fordebate and vote in the competent standing par-liamentary committee, as specified by the Stand-ing Orders of the Parliament.

A Bill or law proposal containing provisions

83


not related to its main subject matter shall notbe introduced for debate.

No addition or amendment shall be intro-duced for debate if it is not related to the mainsubject matter of the Bill or law proposal.

Additions or amendments by Ministers aredebated only if they have been submitted atleast three days prior to the commencement ofthe debate in the Plenum, to the Section spec-ified in article 71 or to the competent standingparliamentary committee, as specified by theStanding Orders.

The provisions of the two preceding sectionsshall also apply for additions or amendmentssubmitted by Members of Parliament.

Parliament shall resolve in case of conte-station.

Members of Parliament not participating inthe competent standing parliamentary commit-tee or the Section specified in article 71, areentitled to take the floor during the debate inprinciple and in order to support law proposalsand additions or amendments that they havesubmitted, as provided by the Standing Orders.

6. Once every month, on a day designatedby the Standing Orders, pending law proposalsshall be entered by priority in the order of theday and debated.

Article 75

1. Any Bill and law proposal which result inburdening the Budget, if submitted by Minis-ters, shall not be introduced for debate unlessit is accompanied by a report of the GeneralAccounting Office specifying the amount of theexpenditure involved; if submitted by Membersof Parliament, prior to any debate thereon it

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shall be forwarded to the General AccountingOffice which shall be bound to submit a reportwithin fifteen days. Should this time-limit elapsewithout action, the law proposal shall be intro-duced for debate without it.

2. The same shall apply for amendments, ifso requested by the competent Ministers. Inthis case, the General Accounting Office shallbe bound to submit its report to Parliamentwithin three days; only if the report shall notbe forthcoming within this time-limit may theamendment be debated without it.

3. A Bill resulting in expenditure or reduc-tion of revenues shall not be introduced fordebate unless it is accompanied by a specialreport specifying the manner in which they willbe covered, signed by the competent Ministerand the Minister of Finance.

Article 76

** 1. Every Bill and every law proposalshall be debated and voted on once in princi-ple, by article and as a whole, with the excep-tion of the cases provided under paragraph 4of article 72.

** 2. Voted Bills or law proposals that aresent back to Parliament pursuant to article 42shall be debated and voted on by the Plenumof Parliament twice and in two distinct sittings,at least two days apart, in principle and by arti-cle during the first debate, and by article andas a whole during the second.

** 3. If in the course of the debate, additionsor amendments have been accepted, voting as awhole shall be postponed for twenty-four hoursfrom distribution of the amended Bill or law

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proposal, with the exception of the cases pro-vided under paragraph 4 of article 72.

** 4. A Bill or law proposal designated by theGovernment as very urgent shall be introducedfor voting after a limited debate in one sitting, bythe Plenum or by the Section of article 71, asprovided by the Standing Orders of Parliament.

** 5. The Government may request that aBill or law proposal of an urgent nature bedebated in a specific number of sittings, as spec-ified by the Standing Orders of Parliament.

6. Judicial or administrative codes draftedby special committees established under specialstatutes may be voted through in the Plenumof the Parliament by a special statute ratifyingthe code as a whole.

7. Likewise, legislative provisions in forcemay be codified by simple classification, orrepealed statutes may be reenacted as awhole, with the exception of statutes concern-ing taxation.

Article 77

1. The authentic interpretation of the statutesshall rest with the legislative power.

2. A statute which is not truly interpretativeshall enter into force only as of its publication.

CHAPTER SIXTax and Fiscal Administration

Article 78

1. No tax shall be levied without a statuteenacted by Parliament, specifying the subject oftaxation and the income, the type of property,

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the expenses and the transactions or categoriesthereof to which the tax pertains.

2. A tax or any other financial charge maynot be imposed by a retroactive statute effec-tive prior to the fiscal year preceding the impo-sition of the tax.

3. Exceptionally, in the case of impositionor increase of an import or export duty or aconsumer tax, collection thereof shall be per-mitted as of the date on which the Bill shall betabled in Parliament, on condition that thestatute shall be published within the time-limitspecified in article 42 paragraph 1, and in anycase not later than ten days from the end ofthe Parliamentary session.

4. The object of taxation, the tax rate, thetax abatements and exemptions and the granti-ng of pensions may not be subject to legislativedelegation.

This prohibition does not preclude the deter-mination by law of the manner of assessing theshare of the State or public agencies in gener-al in the automatic increase on value of privatereal estate property adjoining the site of con-struction of public works and resulting exclu-sively therefrom.

5. It shall, exceptionally, be permitted toimpose by means of delegation granted in frame-work by statute, balancing or counteractivecharges or duties, and to impose, within theframework of the country’s international rela-tions to economic organizations, economic mea-sures or measures concerning the safeguardingof the country’s foreign exchange position.

Article 79

*** 1. In the course of its regular annual ses-

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sion Parliament shall vote on the State budget ofrevenues and expenditures foe the following year.

During the discussion of the draft envisagedin par. 3, the parliament may submit proposalsfor the modification of individual items of thebudget which are introduced to the Plenum andare voted upon, provided that the modificationshave no impact over the total expenditures andrevenues of the State. The Standing orders shallprovide the specific process for the monitoring ofthe execution of the State budget by the Parlia-ment.

2. All State revenues and expenditures mustbe entered in the annual budget and financialstatement.

** 3. The draft budget shall be submitted bythe Minister of Finance to the competent stand-ing parliamentary committee on the first Mon-day of October and shall be debated, as speci-fied by the Standing Orders. The Minister ofFinance taking into account the remarks of thecommittee, shall introduce the budget to theParliament at least forty days before the begin-ning of the fiscal year. The budget shall bedebated and voted by the Plenum in accordancewith the provisions of the Standing Orders,which ensure the right of all political sectionsin Parliament to express their views.

4. Should the administration of revenues andexpenditures as provided in the budget be inop-erative for any reason whatsoever, they shall beadministered in accordance with a special statuteto be enacted every time.

5. Should it be impossible to vote the budg-et or to pass the special statute defined in thepreceding paragraph due to the end of the Par-liamentary term, the force of the budget for

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the fiscal year just ended or ending shall beextended for four months by decree issued uponproposal of the Cabinet.

6. The practice of drafting budgets for bi-annual fiscal periods may be established bystatute.

** 7. The financial statement and generalbalance sheet of the State shall be laid beforeParliament no later than one year from the endof each fiscal year; these, are accompanied with-out fail by the report of the Court of Auditprovided in article 98 paragraph 1 case (e), areexamined by a special committee of Membersof Parliament and are ratified by the Plenumof Parliament, according to the provisions ofthe Standing Orders.

8. Economic and social development plansshall be approved by the Plenum of the Parlia-ment as specified by statute.

Article 80

1. No salary, pension, subsidy or remunera-tion shall be entered in the State budget orgranted, unless it is provided for by statute con-cerning the organization or other special statute.

2. The minting or issuing of currency shallbe regulated by law.

** Interpretative clause:Paragraph 2 does not impede the participa-

tion of Greece in the process of the Economicand Monetary Union, in the wider framework ofEuropean integration, according to the provi-sions of article 28.

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SECTION IVThe Government

CHAPTER ONEComposition and Function

of the Government

Article 81

1. The Cabinet, which shall be composed ofthe Prime Minister and the Ministers, consti-tutes the Government. The composition andfunctioning of the Cabinet shall be specified bylaw. One or more Ministers may be appointedVice Presidents of the Cabinet, by decree initi-ated by the Prime Minister.

A statute shall regulate the status of DeputyMinisters, Ministers without portfolio andUndersecretaries who may be members of theCabinet, as well as the status of permanentUndersecretaries.

2. No person may be appointed a memberof the Government or an Undersecretary if hedoes not possess the qualifications required inArticle 55 for Members of Parliament.

3. Any professional activity whatsoever ofmembers of the Government, Undersecretariesand the Speaker of Parliament shall be inabeyance during the discharge of their duties.

4. The incompatibility of the office of Min-ister and Undersecretary with other activitiesmay be established by statute.

5. In the absence of a Vice President, thePrime Minister shall appoint, whenever the needarises, one of the Ministers as his provisionalAlternate.

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Article 82

1. The Government shall define and directthe general policy of the Country, in accor-dance with the provisions of the Constitutionand the laws.

2. The Prime Minister shall safeguard theunity of the Government and shall direct theactions of the Government and of the publicservices in general, for the implementation ofGovernment policy within the framework ofthe laws.

** 3. Matters relating to the establishment,functioning and competences of the Economicand Social Committee whose mission is to con-duct social dialogue for the overall policy ofthe Country and, especially, for the orientationsof the economic and social policy, as well as toformulate opinions on Bills and law proposalsreferred to it, shall be specified by law.

** 4. Matters relating to the establishment,functioning and competences of the NationalCouncil of Foreign Policy, with the participa-tion of representatives from the parties in Par-liament and of persons possessing expertise orspecialised experience, shall be specified by law.

Article 83

1. Each Minister shall exercise the powersdefined by law. Ministers without portfolio shallexercise the powers vested in them by decisionof the Prime Minister.

2. Undersecretaries shall exercise the pow-ers vested in them by joint decision of the PrimeMinister and the competent Minister.

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CHAPTER TWORelations between Parliament

and the Government

Article 84

1. The Government must enjoy the confi-dence of Parliament. The Government shall beobliged to request a vote of confidence by Par-liament within fifteen days of the date the PrimeMinister shall have been sworn in, and mayalso do so at any other time. If at the time theGovernment is formed, Parliament has sus-pended its works, it shall be convoked withinfifteen days to resolve on the motion of confi-dence.

2. Parliament may decide to withdraw itsconfidence from the Government or from amember of the Government. A motion of cen-sure may not be submitted before the lapse ofsix months from the rejection by Parliament ofsuch a motion.

A motion of censure must be signed by atleast one-sixth of the number of Members ofParliament and must explicitly state the sub-jects on which the debate is to be held.

3. A motion of censure may, exceptionally,be submitted before the lapse of six months, ifit is signed by the majority of the total numberof Members of Parliament.

4. The debate on a motion of confidence orcensure shall commence two days after themotion is submitted, unless, in the case of amotion of censure, the Government requests itsimmediate commencement; in all cases thedebate may not be prolonged for more thanthree days from its commencement.

5. The vote on a motion of confidence or

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censure is held immediately after the termina-tion of the debate; it may, however, be post-poned for forty-eight hours if the Governmentso requests.

6. A motion of confidence cannot be adopt-ed unless it is approved by an absolute major-ity of the present Members of Parliament, whichhowever cannot be less than the two-fifths ofthe total number of the members.

A motion of censure shall be adopted onlyif it is approved by an absolute majority of thetotal number of Members of Parliament.

7. Ministers and Undersecretaries who areMembers of Parliament shall vote on the abovemotions.

Article 85

The members of the Cabinet and the Under-secretaries shall be collectively responsible forgeneral Government policy, and each of themseverally for the actions or omissions within hispowers, according to the provisions of statuteson the liability of Ministers. A written or oralorder of the President of the Republic may inno case whatsoever relieve Ministers and Under-secretaries of their liability.

** Article 86

1. Only the Parliament has the power toprosecute serving or former members of theCabinet or Undersecretaries for criminaloffences that they committed during the dis-charge of their duties, as specified by law. Theinstitution of specific ministerial offences is pro-hibited.

2. Prosecution, investigation, preliminary

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investigation or preliminary examination againstthe persons specified in paragraph 1 for theabove mentioned offences shall not be permit-ted without a prior resolution of Parliament inaccordance with paragraph 3.

If in the course of another investigation,preliminary investigation, preliminary examina-tion or administrative inquiry, evidence shouldarise which relates to the persons and offencesof the preceding paragraph, these shall bepromptly forwarded to Parliament by the per-son conducting the investigation, preliminaryexamination or inquiry.

3. A motion for prosecution is submitted byat least thirty Members of Parliament. The Par-liament, by resolution adopted by the absolutemajority of the total number of its Members,sets up a special parliamentary committee toconduct a preliminary examination; otherwisethe motion is rejected as manifestly unfounded.The findings of the committee of the precedingsection are introduced to the Plenum of Par-liament, which decides whether prosecution shallstart or not. The relevant resolution is adoptedby an absolute majority of the total number ofMembers of Parliament.

The Parliament may exercise its competencepursuant to paragraph 1 until the end of thesecond regular session of the parliamentary termcommencing after the offence was committed.

The Parliament may at any time revoke itsresolution or suspend the prosecution, prelimi-nary proceedings or main proceedings, accord-ing to the procedure and majority provided inthe first section of this paragraph.

4. The Court competent for trying the rele-vant cases, at first and last instance is, as

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supreme court, a Special Court, which is com-posed for each case by six members of theSupreme Administrative Court and seven mem-bers of the Supreme Civil and Criminal Court.The regular and alternate members of the Spe-cial Court are chosen by lot, after the prosecu-tion has taken place, by the Speaker of the Par-liament in a public sitting of the Parliament,from among those members of the two highranking courts who were appointed or promot-ed to the rank they hold prior to the submis-sion of the motion for prosecution. The SpecialCourt is chaired by the highest ranking of theSupreme Civil and Criminal Court memberschosen by lot and, in case of equal in the rankmembers, by the first one in order of seniority.

A Judicial Council, composed for each caseby two members of the Supreme Administra-tive Court and three members of the SupremeCivil and Criminal Court, functions in the frame-work of the Special Court of this paragraph.The members of the Judicial Council may notbe members of the Special Court at the sametime. Following a ruling of the Judicial Coun-cil, one of its members who belong to theSupreme Civil and Criminal Court is appointedas examining magistrate. The preliminary pro-ceedings are concluded with the issue of anordinance.

The duties of public prosecutor in the Spe-cial Court and in the Judicial Council of thisparagraph are exercised by a member of thePublic Prosecutor’s Office of the Supreme Civ-il and Criminal Court who is chosen by lottogether with his alternate. The second andthird sections of this paragraph also apply forthe members of the Judicial Council, while the

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second section also applies for the public pro-secutor.

In the case of impeachment before the Spe-cial Court of a serving or former member ofthe Cabinet or Undersecretary, any participantsare also jointly indicted, as specified by law.

5. Should the procedure on the prosecutionof a serving or former member of the Cabinetor Undersecretary not be completed for anyother reason whatsoever, including the reasonof status of limitations, the Parliament may, atthe request of the person itself or of its heirs,establish a special committee for investigatingthe charges in which highest magistrates mayalso participate.

SECTION VThe Judicial Power

CHAPTER ONEMagistrates and Staff

Article 87

1. Justice shall be administered by courtscomposed of regular judges who shall enjoyfunctional and personal independence.

2. In the discharge of their duties, judgesshall be subject only to the Constitution andthe laws; in no case whatsoever shall they beobliged to comply with provisions enacted inviolation of the Constitution.

3. Regular judges shall be inspected by judgesof a superior rank, as well as by the PublicProsecutor and the Deputy Prosecutor of the

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Supreme Civil and Criminal Court; Public Prose-cutors shall be inspected by the Supreme Civiland Criminal Court judges and Public Prosecu-tors of a superior rank, as specified by law.

Article 88

1. Magistrates shall be appointed by presi-dential decree in compliance with a law speci-fying the qualifications and the procedure fortheir selection and are appointed for life.

** 2. The remuneration of magistrates shallbe commensurate with their office. Matters con-cerning their rank, remuneration and their gen-eral status shall be regulated by special statutes.

Notwithstanding articles 94, 95 and 98, dis-putes concerning all kinds of remunerations andpensions of magistrates, and provided that theresolution of the relevant legal issues may affectthe salary, pension or fiscal status of a widercircle of persons, shall be tried by the specialcourt of article 99. In such cases, the composi-tion of the court includes the participation ofone additional full professor and one addition-al barrister, as specified by law. Matters relat-ing to the continuation of pending processesbefore the courts shall be specified by law.

3. A training and trial period for magistratesof up to three years prior to their appointmentas regular judges may be provided for by law.During this period they may also act as regularjudges, as specified by law.

4. Magistrates may be dismissed only pur-suant a court judgment resulting from a crimi-nal conviction or a grave disciplinary breach orillness or disability or professional incompe-tence, confirmed as specified by law and in

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compliance with the provisions of article 93paragraphs 2 and 3.

5. Retirement from the service of the magi-strates shall be compulsory upon attainment ofthe age of sixty five years for all magistrates upto and including the rank of Court of Appealjudge or Deputy Prosecutor of the Court ofAppeals, or a rank corresponding thereto. Inthe case of magistrates of a rank higher thanthe one stated, or of a corresponding rank,retirement shall be compulsory upon attainmentof the age of sixty seven years. In the applica-tion of this provision, the 30th of June of theyear of retirement shall in all cases be taken asthe date of attainment of the above age limit.

** 6. Transfer of magistrates into anotherbranch is prohibited. Exceptionally, the transferof associate judges to courts of first instance orof associate prosecutors to public prosecutorsoffices, shall be permitted, upon request of thepersons concerned, as specified by law. Judgesof ordinary administrative courts shall be pro-moted to the rank of Councillor of the SupremeAdministrative Court and to one fifth of theposts, as specified by law.

7. Courts or councils especially provided bythe Constitution and composed of members ofthe Supreme Administrative Court and theSupreme Civil and Criminal Court shall bepresided over by the senior in rank member.

** Interpretative clause:In the true sense of article 88, the unifica-

tion of the jurisdiction of first instance of civilcourts and the regulation of the service status ofmagistrates of this instance is permitted, provid-

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ed that a procedure for judgement and evalua-tion is provided for, as specified by law.

Article 89

1. Magistrates shall be prohibited from per-forming any other salaried service or practicingany other profession.

** 2. Exceptionally, magistrates may be elect-ed members of the Athens Academy or teach-ing staff of university level institutions, as wellas may sit on councils or committees exercisingcompetences of disciplinary, auditing or adjudi-cating nature and on Bill drafting committees,provided that this participation is specificallystipulated by the law. Law shall provide substi-tution of magistrates by other persons in coun-cils or committees established or in dutiesassigned by a private individual’s declaration ofintention, inter vivos or mortis causa, with theexception of the cases of the preceding section.

** 3. Assignment of administrative duties tomagistrates is prohibited. Activities related tothe training of magistrates are considered to beof judicial nature. The assignment to magistratesof the duties of representing the Country ininternational organisations is permitted.

The conduct of arbitrations by magistratesis allowed only in the framework of their offi-cial duties, as specified by law.

4. Participation of magistrates in the Govern-ment is prohibited.

5. The establishment of an association ofmagistrates shall be permitted, as specified bylaw.

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Article 90

** 1. Promotions, assignments to posts, trans-fers, detachments, and transfers to another branchof magistrates shall be effected by presidentialdecree, issued after prior decision by the supremejudicial council. This council shall be composedof the president of the respective supreme courtand of members of the same court chosen by lotfrom among those having served in it for at leasttwo years, as specified by law. The Prosecutor ofthe Supreme Civil and Criminal Court shall par-ticipate in the supreme judicial council on civiland criminal justice, as well as two Deputy Prose-cutors of the Supreme Civil and Criminal Courtwho are chosen by lot from among those havingserved for at least two years in the Public Prose-cutor’s Office of the Supreme Civil and CriminalCourt, as specified by law. In the supreme judi-cial council on the Supreme Administrative Courtand on administrative justice shall also partici-pate the General Commissioner of State whoserves in them on issues relating to magistratesof ordinary administrative courts and of the Gene-ral Commission. In the supreme judicial councilon the Court of Audit shall also participate theGeneral Commissioner of State who serves in it.

In the supreme judicial council shall alsoparticipate, without right to vote, two magi-strates of the branch concerned by the changesin the service status, who must be at least ofthe rank of Judge of Appeals or of an equiva-lent one, and are chosen by lot, as specified bylaw.

** 2. In the case of judgments concerningpromotions to the posts of Councillors of State,Supreme Civil and Criminal Court Judges,Deputy Prosecutors of the Supreme Civil and

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Criminal Court, Councillors of the Court ofAudit, President Judges of Appeals and Prose-cutors of Appeals, as well as concerning theselection of the members of the General Com-missions of administrative courts and of the Courtof Audit, the council prescribed in paragraph 1shall be supplemented by additional members,as specified by law. As for the rest, the provi-sions of paragraph 1 shall also apply in this case.

** 3. Should the Minister of Justice disagreewith the judgement of a supreme judicial coun-cil, he may refer the matter to the plenum ofthe respective supreme court, as specified bylaw. The magistrate concerned by the judge-ment has as well the right of recourse, underthe conditions specified by the law. As regardsthe session of the plenum of the respectivehighest court, as a second instance supremejudicial council, the provisions of sections threeto six of paragraph 1 shall apply. In the plenumof the Supreme Civil and Criminal Court, inthe cases of the preceding section, shall alsoparticipate with right to vote the members ofthe Public Prosecutor’s office of the SupremeCivil and Criminal Court.

** 4. The decisions of the plenum, as a sec-ond instance supreme judicial council, on a mat-ter referred to it as well as the decisions of thesupreme judicial council with which the Ministerhas not disagreed, shall be binding upon him.

** 5. Promotion to the post of President orVice-President of the Supreme AdministrativeCourt, of the Supreme Civil and Criminal Courtand of the Court of Audit shall be effected bypresidential decree issued on the proposal ofthe Cabinet, by selection from among the mem-bers of the respective supreme court, as speci-

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fied by law. Promotion to the post of SupremeCivil and Criminal Court Prosecutor shall beeffected by similar decree, by selection fromamong the members of the Supreme Civil andCriminal Court and Deputy Public Prosecutorsof this Court, as specified by law. Promotion tothe post of General Commissioner of the Courtof Audit shall be effected by similar decree, byselection from among the members of the Courtof Audit and of the respective General Com-mission, as specified by law. Promotion to thepost of General Commissioner of administra-tive courts shall also be effected by similardecree, by selection from among the membersof the respective General Commission and thePresident Judges of Appeals of the administra-tive courts, as specified by law.

The tenure of the President of the SupremeAdministrative Court, of the Supreme Civil andCriminal Court and of the Court of Audit, aswell as of the Public Prosecutor of the SupremeCivil and Criminal Court and of the GeneralCommissioners of administrative courts and ofthe Court of Audit may not exceed four years,even if the magistrate holding this office hasnot reached the retirement age. Any period oftime which remains until completion of theretirement age, shall be calculated as actualpensionable service, as specified by law.

6. Decisions or acts in compliance with theprovisions of the present article shall not besubject to remedies before the Supreme Admin-istrative Court.

Article 91

1. Disciplinary authority over magistratesfrom and above the rank of member of the

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Supreme Civil and Criminal Court or DeputyProsecutor of the Supreme Civil and CriminalCourt, or a rank corresponding thereto, shallbe exercised by a Supreme Disciplinary Coun-cil, as specified by law.

Disciplinary action shall be initiated by theMinister of Justice.

2. The Supreme Disciplinary Council shallbe composed of the President of the SupremeAdministrative Court as Chairman, and of twoVice-Presidents or Councillors of the SupremeAdministrative Court, two Vice-Presidents ormembers of the Supreme Civil and CriminalCourt, two Vice-Presidents or Councillors of theCourt of Audit and two law professors from theLaw Schools of the country’s universities, asmembers. The members of the Council shall bechosen by lot from among those having at leastthree years of service in the respective supremecourt or law school. Members belonging to thesupreme court of which the conduct of one ofthe judges, prosecutors or commissioners theCouncil has been called on to decide, shall beexcluded. In cases involving disciplinary actionagainst members of the Supreme AdministrativeCourt, the Supreme Disciplinary Council shallbe presided over by the President of the SupremeCivil and Criminal Court.

3. The disciplinary authority over all othermagistrates shall be exercised, in the first andsecond instance by councils composed of regu-lar judges chosen by lot, as specified by law.Disciplinary action may also be initiated by theMinister of Justice.

4. Disciplinary rulings in accordance withthe provisions of this Article shall not be sub-

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ject to remedies before the Supreme Adminis-trative Court.

Article 92

1. The civil servants of all courts’ offices andprosecutors’ offices shall be permanent. Theymay be dismissed only pursuant to a court judge-ment resulting from a criminal conviction or todecision of a judicial council on account of agrave disciplinary breach, illness or disability,or professional incompetence which shall beascertained, as specified by law.

2. The qualifications of the judicial staff andits general status shall be specified by law.

** 3. Promotions, assignments to posts, trans-fers, detachments and transfers to anotherbranch of the civil servants of the courts shallbe effected with the concurrent opinion of serv-ice councils, which are composed in majority ofmagistrates and such civil servants, as specifiedby law. Disciplinary authority over the civil ser-vants of the courts shall be exercised by thehierarchically superior judges, prosecutors, com-missioners or servants, as well as by the servicecouncil, as specified by law. Recourse againstdecisions regarding changes in the service sta-tus of the civil servants of the courts, as well asagainst disciplinary decisions of the service coun-cils shall be permitted, as specified by law.

** 4. The servants of land registries are civ-il servants of the courts. Notaries public andunsalaried registrars of mortgages and propertytransfers shall be permanent as long as corre-sponding services and posts exist. The provi-sions of the preceding paragraphs shall applyaccordingly in this case.

5. Retirement shall be compulsory for no-

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taries public and unsalaried registrars of mort-gages and property transfers upon attainmentof the age of seventy years; all others shall beobliged to retire upon attainment of the agespecified by law.

CHAPTER TWOOrganization and Jurisdiction

of the Courts

Article 93

1. Courts are distinguished into administra-tive and civil and criminal courts, and they areorganized by special statutes.

2. The sittings of all courts shall be public,except when the court decides that publicitywould be detrimental to the good usages orthat special reasons call for the protection ofthe private or family life of the litigants.

** 3. Every court judgment must be specif-ically and thoroughly reasoned and must bepronounced in a public sitting.

In case of violation of the preceding sec-tion, law shall specify the ensuing legal conse-quences as well as the imposed sanctions. Publi-cation of the dissenting opinion shall be com-pulsory. Law shall specify matters concerningthe entry of any dissenting opinion into theminutes as well as the conditions and prerequi-sites for the publicity thereof.

4. The courts shall be bound not to apply astatute whose content is contrary to the Consti-tution.

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** Article 94

1. The Supreme Administrative Court andordinary administrative courts shall have juris-diction on administrative disputes, as specifiedby law, without prejudice to the competence ofthe Court of Audit.

2. Civil courts shall have jurisdiction on pri-vate disputes, as well as on cases of non-con-tentious jurisdiction, as specified by law.

3. In special cases and in order to achieveunified application of the same legislation, lawmay assign the hearing of categories of privatedisputes to administrative courts or the hearingof categories of substantive administrative dis-putes to civil courts.

4. Any other competence of an administra-tive nature may be assigned to civil or admin-istrative courts, as specified by law. These com-petences include the adoption of measures forcompliance of the Public Administration withjudicial decisions. Judicial decisions are subjectto compulsory enforcement also against thePublic Sector, local government agencies andpublic law legal persons, as specified by law.

Article 95

1. The jurisdiction of the Supreme Admin-istrative Court pertains mainly to:

a) The annulment upon petition of enforce-able acts of the administrative authorities forexcess of power or violation of the law.

** b) The reversal upon petition of finaljudgements of ordinary administrative courts,as specified by law.

c) The trial of substantive administrative dis-

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putes submitted thereto as provided by the Con-stitution and the statutes.

d) The elaboration of all decrees of a gen-eral regulatory nature.

2. The provisions of article 93 paragraphs 2and 3 shall not be applicable in the exercise ofthe competence specified under subparagraph(d) of the preceding paragraph.

** 3. The trial of categories of cases thatcome under the Supreme Administrative Court’sjurisdiction for annulment may by law comeunder ordinary administrative courts, depend-ing on their nature or importance. The SupremeAdministrative Court has the second instancejurisdiction, as specified by law.

4. The jurisdiction of the Supreme Admin-istrative Court shall be regulated and exercisedas specifically provided by law.

** 5. The Public Administration shall bebound to comply with judicial decisions. Thebreach of this obligation shall render liable anycompetent agent, as specified by law. Law shallspecify the measures necessary for ensuring thecompliance of the Public Administration.

Article 96

1. The punishment of crimes and the adop-tion of all measures provided by criminal lawsbelong to the jurisdiction of ordinary criminalcourts.

2. Statutes may: (a) assign the trial of policeoffences punishable by fine to authorities exer-cising police duties, (b) assign the trial of pet-ty offences related to agrarian property and pri-vate disputes arising there from, to agrariansecurity authorities.

In both cases judgments shall be subject to

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appeal before the competent ordinary court;such appeal shall suspend the execution of thejudgment.

3. Special statutes shall regulate matters per-taining to juvenile courts. The provisions ofarticles 93 paragraph 2 and 97 need not applyin this case. The judgments of these courts maybe pronounced in camera.

4. Special statutes provide for: a) Military, naval and air force courts which

shall have no jurisdiction over civilians. b) Prize courts.5. The courts specified under section (a) of

the previous paragraph shall be composed inmajority of members of the judicial branch ofthe armed forces, vested with the guaranties offunctional and personal independence specifiedin article 87 paragraph 1 of the Constitution.The provisions of paragraphs 2 to 4 of article93 shall apply to the sittings and judgements ofthese courts. Matters pertaining to the applica-tion of provisions of this paragraph, as well asthe time upon which they shall enter into force,shall be specified by law.

Article 97

1. Felonies and political crimes shall be triedby mixed jury courts composed of ordinaryjudges and jurors, as specified by law. The judg-ments of these courts shall be subject to thelegal remedies specified by law.

2. Felonies and political crimes which priorto the date of entry into force of this Constitu-tion have, by constituent acts, parliamentaryresolutions and special statutes, come under thejurisdiction of courts of appeal shall continueto be tried by the said courts, as long as a

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statute does not transfer them to the jurisdic-tion of mixed jury courts.

Other felonies may be transferred to thejurisdiction of the same courts of appeal bystatute.

3. Crimes of any degree committed throughthe press shall be under the jurisdiction of ordi-nary criminal courts, as specified by law.

Article 98

** 1. The jurisdiction of the Court of Auditpertains mainly to:

a) The audit of the expenditures of the Stateas well as of local government agencies or oth-er legal entities subject to this status by specialprovision of law.

b) The audit of high financial value con-tracts in which contracting partner is the Stateor any other legal entity which in this respectis equated to the State, as specified by law.

c) The audit of the accounts of accountableofficials and of the local government agenciesor other legal entities subject to the audit pro-vided by section (a).

d) Advisory opinions concerning Bills onpensions or on the recognition of service forgranting of the right to a pension, in accor-dance with article 73 paragraph 2, as well as onall other matters specified by law.

e) The drawing up and submission to Par-liament of a report on the financial statementand balance sheet of the State, according toarticle 79 paragraph 7.

f) The trial of disputes concerning the grant-ing of pensions as well as the audit of accountsunder section (c).

g) The trial of cases related to liability of

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civil or military servants of the State, as well asof civil servants of local government agenciesand of the other public law legal persons, forany loss that through intent or negligenceincurred upon the State, the local governmentagencies or other public law legal persons.

2. The jurisdiction of the Court of Audit shallbe regulated and exercised as specified by law.

The provisions of article 93 paragraphs 2and 3 shall not be applicable in the cases spec-ified in (a) through (d) of the preceding para-graph.

3. The judgments of the Court of Audit inthe cases specified in paragraph 1 shall not besubject to the control of the Supreme Admin-istrative Court.

Article 99

1. Suits against magistrates for faulty wrong-ful judgment shall be tried, as specified by law,by a special court composed of the President ofthe Supreme Administrative Court, as Presi-dent, and one Councillor of the SupremeAdministrative Court, one Supreme Civil andCriminal Court judge, one Councillor of theCourt of Audit, two law professors of the lawschools of the country’s universities and twobarristers from among the members of theSupreme Disciplinary Council for barristers, asmembers, all of whom shall be chosen by lot.

2. Each time, that member of the specialcourt shall be exempted who belongs to thejudicial corps or branch, the actions or omis-sions of a magistrate of which the court is calledupon to judge. In the case of a suit against amember of the Supreme Administrative Courtor a magistrate of the ordinary administrative

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courts, the special court shall be presided overby the President of the Supreme Civil and Crim-inal Court.

3. No permission shall be required to insti-tute a suit for faulty wrongful judgement.

Article 100

1. A Special Highest Court shall be estab-lished, the jurisdiction of which shall comprise:

a) The trial of objections in accordance witharticle 58.

b) Verification of the validity and returns ofa referendum held in accordance with article44 paragraph 2.

c) Judgment in cases involving the incom-patibility or the forfeiture of office by a Mem-ber of Parliament, in accordance with article 55paragraph 2 and article 57.

d) Settlement of any conflict between thecourts and the administrative authorities, orbetween the Supreme Administrative Court andthe ordinary administrative courts on one handand the civil and criminal courts on the other,or between the Court of Audit and any othercourt.

e) Settlement of controversies on whetherthe content of a statute enacted by Parliament iscontrary to the Constitution, or on the interpre-tation of provisions of such statute when con-flicting judgments have been pronounced by theSupreme Administrative Court, the Supreme Civ-il and Criminal Court or the Court of Audit.

f) The settlement of controversies related tothe designation of rules of international law asgenerally acknowledged in accordance with arti-cle 28 paragraph 1.

2. The Court specified in paragraph 1 shall

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be composed of the President of the SupremeAdministrative Court, the President of theSupreme Civil and Criminal Court and the Pres-ident of the Court of Audit, four Councillorsof the Supreme Administrative Court and fourmembers of the Supreme Civil and CriminalCourt chosen by lot for a two-year term. TheCourt shall be presided over by the Presidentof the Supreme Administrative Court or thePresident of the Supreme Civil and CriminalCourt, according to seniority.

In the cases specified under sections (d) and(e) of the preceding paragraph, the composi-tion of the Court shall be expanded to includetwo law professors of the law schools of thecountry’s universities, chosen by lot.

3. The organization and functioning of theCourt, the appointment, replacement of andassistance to its members, as well as the proce-dure to be followed shall be determined by spe-cial statute.

4. The judgments of this Court shall be irrev-ocable.

Provisions of a statute declared unconstitu-tional shall be invalid as of the date of publi-cation of the respective judgment, or as of thedate specified by the ruling.

** 5. When a section of the Supreme Admin-istrative Court or chamber of the Supreme Civ-il and Criminal Court or of the Court of Auditjudges a provision of a statute to be contraryto the Constitution, it is bound to refer thequestion to the respective plenum, unless thishas been judged by a previous decision of theplenum or of the Special Highest Court of thisarticle. The plenum shall be assembled intojudicial formation and shall decide definitively,

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as specified by law. This regulation shall alsoapply accordingly to the elaboration of regula-tory decrees by the Supreme AdministrativeCourt.

** Article 100A

Matters relating to the establishment andfunctioning of the Legal Council of the State,as well as matters relating to the service statusof functionaries and servants who serve there-in, shall be specified by law. The competenceof the Legal Council of the State pertains main-ly to the judicial support and representation ofthe State and to the recognition of claims againstit or to the settlement of disputes with theState. The provisions of article 88 paragraphs 2and 5, and of article 90 paragraph 5, shall applyaccordingly to the main staff of the Legal Coun-cil of the State.

SECTION VIAdministration

CHAPTER ONEOrganization of the Administration

Article 101

1. The administration of the State shall beorganized according to the principle of decen-tralization.

2. The administrative division of the Coun-try shall be based on geoeconomic, social andtransportation conditions.

**3. Regional administrations of the Stateshall have general decisive authority on matters

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of their district. The central administrations ofthe State, in addition to special powers, shallhave the general guidance, coordination andreview of the legality of the acts of regionaladministrations, as specified by law.

*** 4. The legislator and the Public Admin-istration, when acting in their regulatory capac-ity, must take into consideration the special cir-cumstances of the insular and mountainousareas caring for their development.

*** (The interpretative clause to article 101 isrepealed).

** Article 101A

1. In cases where the establishment and func-tioning of an independent authority is providedby the Constitution, its members shall beappointed for a fixed tenure and shall enjoypersonal and functional independence, as spec-ified by law.

2. Matters relating to the appointment andservice status of the scientific and other staff ofthe service that is constituted for the supportand functioning of every independent authorityshall be specified by law. The members of theindependent authorities must possess the corre-sponding qualifications, as specified by law.Their selection is made by decision of the Con-ference of Parliamentary Chairmen seeking una-nimity or in any case by the increased majorityof four fifths of its members. Matters relatingto the selection procedure are specified by theStanding Orders of the Parliament.

3. Matters concerning the relation betweenthe independent authorities and the Parliament,and the manner, in which parliamentary con-

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trol is exercised, are specified by the StandingOrders of the Parliament.

** Article 102

1. The administration of local affairs shallbe exercised by local government agencies offirst and second level. For the administrationof local affairs, there is a presumption of com-petence in favour of local government agencies.The range and categories of local affairs, aswell as their allocation to each level, shall bespecified by law. Law may assign to local gov-ernment agencies the exercise of competencesconstituting mission of the State.

2. Local government agencies shall enjoyadministrative and financial independence.Their authorities shall be elected by universaland secret ballot, as specified by law.

3. Law may provide for compulsory or vol-untary associations of local government agen-cies to execute works or render services or exer-cise competences belonging to local governmentagencies; these shall be governed by electedadministrations.

4. The State shall exercise the supervisionof local government agencies, which shall con-sist exclusively in the review of the legality andshall not be allowed to impede their initia-tive and freedom of action. The review of le-gality shall be exercised as specified by law.With the exception of cases involving ipsojure forfeiture of office or suspension, discipli-nary sanctions to elected administrations oflocal government agencies shall be imposedonly with the concurrent opinion of a councilcomposed in its majority of judges, as specifiedby law.

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5. The State shall adopt the legislative, reg-ulatory and fiscal measures required for ensur-ing the financial independence and the fundsnecessary to the fulfilment of the mission andexercise of the competences of local govern-ment agencies, ensuring at the same time thetransparency in the management of such funds.Matters pertaining to the attribution and allo-cation, among local government agencies, ofthe taxes or duties provided in their favour andcollected by the State shall be specified by law.Every transfer of competences from central orregional administrations of the State to localgovernment also entails the transfer of the cor-responding funds. Matters pertaining to thedetermination and collection of local revenuesdirectly from local government agencies shallbe specified by law.

CHAPTER TWOStatus of Administrative Agents

Article 103

1. Civil servants shall be the executors ofthe will of the State and shall serve the people,owing allegiance to the Constitution and devo-tion to the Fatherland. The qualifications andthe manner of their appointment shall be spec-ified by law.

2. No one may be appointed to a post notprovided by law. Special statutes may providefor exceptions in order to fill unforeseeable andurgent needs with personnel hired for a certainperiod of time on a private law contract.

3. Posts of specialized scientific and techni-cal or auxiliary personnel provided by law, maybe filled by personnel hired on private law con-

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tracts. The terms of employment and the spe-cific guarantees under which this personnel shallbe employed, shall be specified by law.

4. Civil servants holding posts provided bylaw shall be permanent so long as these postsexist. Their salaries shall evolve in accordancewith the provisions of the law ; with the excep-tion of those retiring upon attainment of theage limit or when dismissed by court judgement,civil servants may not be transferred without anopinion or lowered in rank or dismissed withouta decision of a service council consisting of atleast two-thirds of permanent civil servants.

Recourse against the decisions of these coun-cils may be sought before the Supreme Admin-istrative Court, as specified by law.

5. Highest civil servants holding posts out-side of the civil service hierarchy, persons direct-ly appointed on an ambassadorial rank, employ-ees of the Presidency of the Republic and theoffices of the Prime Minister, Ministers andUndersecretaries may by law be exempted frompermanency.

6. The provisions of the preceding para-graphs shall apply to the staff of Parliament,which in other aspects shall be entirely subjectto its Standing Orders, and to the civil servantsof local government agencies and other publiclaw legal persons.

** 7. Engagement of servants in the PublicAdministration and in the wider Public Sector,as this is defined each time, with the exceptionof cases under paragraph 5, shall take placeeither by competitive entry examination or byselection on basis of predefined and objectivecriteria, and shall be subject to the control ofan independent authority, as specified by law.

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The law may provide for special selectionprocedures that are subject to increased guar-antees of transparency and meritocracy, or forspecial procedures for personnel selection toposts whose activities are subject to specialconstitutional guarantees or are similar to amandate.

** 8. The law shall specify the conditionsand duration of private law employment rela-tions in the Public Administration and in thewider Public Sector, as this is defined each time,either to fill in posts beyond those provided forin the first section of paragraph 3, or to fill intemporary or unforeseeable and urgent needsaccording to the second section of paragraph 2.The law shall also specify the duties that maybe undertaken by the personnel of the preced-ing section. Conversion by law of the employ-ees under the first section to permanent civilservants or conversion by law of their employ-ment contracts into contracts of unlimited dura-tion is prohibited. The prohibitions of the pres-ent paragraph also apply to those employed onthe basis of services for the performance of aspecific task.

** 9. Law shall specify matters relating tothe establishment and activities of the “Om-budsman”, who functions as an independentauthority.

Article 104

1. None of the employees mentioned in thepreceding article may be appointed to anotherpost of the civil service or of local governmentagencies or of other public law legal persons,or of public enterprises or public utility agen-cies. As an exception, appointment to a second

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post may be permitted by special statute, incompliance with the provisions of the followingparagraph.

2. Additional salaries or emoluments of anykind of employees mentioned in the precedingarticle may not exceed the total salary receivedper month from their post which is providedby law.

3. No prior permission shall be required tobring to trial civil servants or employees of localgovernment agencies or of other public corpo-rate bodies.

CHAPTER THREERegime of Aghion Oros (Mount Athos)

Article 105

1. The Athos peninsula extending beyondMegali Vigla and constituting the region ofAghion Oros shall, in accordance with its ancientprivileged status, be a self-governed part of theGreek State, whose sovereignty thereon shallremain intact. Spiritually, Aghion Oros shallcome under the direct jurisdiction of the Ecu-menical Patriarchate. All persons leading amonastic life thereon acquire Greek citizenshipwithout further formalities, upon admission asnovices or monks.

2. Aghion Oros shall be governed, accordingto its regime, by its twenty Holy Monasteriesamong which the entire Athos peninsula isdivided; the territory of the peninsula shall beexempt from expropriation. The administrationof Aghion Oros shall be exercised by represen-tatives of the Holy Monasteries constituting theHoly Community. No change whatsoever shallbe permitted in the administrative system or in

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the number of Monasteries of Aghion Oros, orin their hierarchical order or in their positionto their subordinate dependencies. Heterodoxor schismatic persons shall be prohibited fromdwelling thereon.

3. The determination in detail of the regimesof the Aghion Oros entities and the manner ofoperation thereof is effected by the Charter ofAghion Oros which, with the cooperation ofthe State representative, shall be drawn up andvoted by the twenty Holy Monasteries and rat-ified by the Ecumenical Patriarchate and theParliament of the Hellenes.

4. Faithful observance of the regimes of theAghion Oros entities shall in the spiritual fieldbe under the supreme supervision of the Ecu-menical Patriarchate, and, in the administra-tive, under the supervision of the State, whichshall also be exclusively responsible for safe-guarding public order and security.

5. The afore-mentioned powers of theState shall be exercised through a governorwhose rights and duties shall be determinedby law.

The law shall likewise determine the judicialpower exercised by the monastic authorities andthe Holy Community, as well as the customsand taxation privileges of Aghion Oros.

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P A R T F O U RSpecial, Final and Transitory

Provisions

SECTION ISpecial Provisions

Article 106

1. In order to consolidate social peace andprotect the general interest, the State shall planand coordinate economic activity in the Coun-try, aiming at safeguarding the economic devel-opment of all sectors of the national economy.The State shall take all measures necessary todevelop sources of national wealth in the atmos-phere, in underground and underwater deposits,and to promote regional development and tofurther especially the economy of mountainous,insular and frontier areas.

2. Private economic initiative shall not bepermitted to develop at the expense of free-dom and human dignity, or to the detriment ofthe national economy.

3. With the reservation of the protectionprovided in article 107 in connection with there-export of foreign capital, the law may regu-late the acquisition by purchase of enterprisesor the compulsory participation therein of theState or other public agencies, in the eventthese enterprises are of the nature of a monop-oly or are of vital importance to the develop-ment of sources of national wealth or are pri-marily intended to offer services to the com-munity as a whole.

4. The cost of purchase or the counterpartto the compulsory participation of the State or

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other public agencies must indispensably bedetermined by a court and must be in full, soas to correspond to the value of the purchasedenterprise or the participation therein.

5. A shareholder, partner or owner of anenterprise, the control of which devolves uponthe State or upon an agency controlled by theState as a result of compulsory participation inaccordance with paragraph 3, shall be entitledto request the purchase of his share in theenterprise, as specified by law.

6. The law may specify matters pertaining tothe contribution to the State expenditure by ben-eficiaries from the execution of public utilityworks or works of a more general significancefor the economic development of the Country.

Interpretative clause:The value specified in paragraph 4 does not

include such value as is due to the monopolisticnature of the enterprise.

Article 107

1. Legislation enjoying legal force higherthan that of statutes, enacted before April 21,1967, pertaining to the protection of foreigncapital shall continue to enjoy such legal forceand shall be applicable to capital importedhenceforth.

The same legal force is enjoyed by the pro-visions of Chapters A through D of Section Aof Statute 27/1975 «on the taxation of ships,compulsory contributions for the developmentof the merchant marine, establishment of fo-reign shipping companies and regulation ofrelated matters».

2. A statute, to be promulgated once and for

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all within three months of the date of entry intoforce of this Constitution, shall specify the termsand the procedure for the revision or cancella-tion of administrative acts approving investmentsin application of legislative decree 2687/1953and issued in any form whatsoever, or agree-ments contracted on investment of foreign cap-ital between April 21, 1967 and July 23, 1974,with the exception of those pertaining to theregistration of ships under the Greek flag.

Article 108

1. The State must take care for emigrantGreeks and for the maintenance of their tieswith the Fatherland. The State shall also attendto the education, the social and professional ad-vancement of Greeks working outside the State.

** 2. Law shall specify matters relating tothe organisation, operation and competences ofthe Council of Hellenes Abroad, whose missionis the expression of all communities of Hel-lenes across the world.

Article 109

1. Alteration of the contents or terms of awill, codicil or donation as to the provisionsbenefiting the State or a charitable cause isprohibited.

2. Exceptionally, a more beneficial use ordisposal of a bequest or donation, for the sameor for another charitable cause in the area des-ignated by the donor or the testator, or in thegreater district thereabout, shall be permitted,as specified by law, after it is certified by acourt judgement that for any reason whatsoev-er, the will of the donor or the testator cannot

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be fulfilled, either in whole or to its greatestextent as well as if it can be more fully satis-fied by the change of use.

** 3. Law shall specify matters relating to thecompilation of a register of bequeaths or devisesin general and by region, to the registration andclassification of their property, to the administra-tion and management of each bequeath or devisein accordance with the will of the devisor ordonor, and any other relevant issue.

SECTION IIRevision of the Constitution

Article 110

1. The provisions of the Constitution shallbe subject to revision with the exception ofthose which determine the form of governmentas a Parliamentary Republic and those of arti-cles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5paragraphs 1 and 3, 13 paragraph 1, and 26.

2. The need for revision of the Constitutionshall be ascertained by a resolution of Parlia-ment adopted, on the proposal of not less thanfifty Members of Parliament, by a three-fifthsmajority of the total number of its members intwo ballots, held at least one month apart. Thisresolution shall define specifically the provi-sions to be revised.

3. Upon a resolution by Parliament on therevision of the Constitution, the next Parliamentshall, in the course of its opening session, decideon the provisions to be revised by an absolutemajority of the total number of its members.

4. Should a proposal for revision of the Con-stitution receive the majority of the votes of

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the total number of members but not the three-fifths majority specified in paragraph 2, the nextParliament may, in its opening session, decideon the provisions to be revised by a three-fifthsmajority of the total number of its members.

5. Every duly voted revision of provisions ofthe Constitution shall be published in theGovernment Gazette within ten days of its adop-tion by Parliament and shall come into forcethrough a special parliamentary resolution.

6. Revision of the Constitution is not per-mitted before the lapse of five years from thecompletion of a previous revision.

SECTION IIITransitory Provisions

Article 111

1. All provisions of statutes or of adminis-trative acts of a regulatory nature which arecontrary to the Constitution are abolished as ofthe date the Constitution comes into force.

2. Constituent acts promulgated between July24, 1974 and the convocation of the Fifth Revi-sionary Parliament, as well as parliamentaryresolutions thereof shall continue to be in forceeven if their provisions are contrary to the Con-stitution; they can be amended or abolished bystatute. As of the date of coming into force ofthe Constitution, the provision of article 8 ofthe constituent act of September 3, 1974 con-cerning the retirement age limit for professorsof university level institutions is abolished.

3. Article 2 of the presidential decree 700 ofOctober 9, 1974 «on the partial re-enactment ofarticles 5, 6, 8, 10, 12, 14, 95, and 97 of the

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Constitution and the lifting of the statute «on astate of siege» and Legislative Decree 167 ofNovember 16, 1974 «on granting of the legalremedy of appeal against the judgments of themilitary tribunal», shall remain in force, allow-ing for their amendment or abolition by statute.

4. The parliamentary resolution of April16/29, 1952 shall remain in force for six monthsfrom the date of coming into force of this Con-stitution. Within this time-limit, the amend-ment, completion or abolition by statute of theconstituent acts and resolutions referred to inarticle 3 paragraph 1 of the aforementionedresolution shall be permitted, as well as themaintenance of some of these, in whole or inpart, even after the lapse of this time-limit, oncondition that the provisions amended, com-pleted or remaining in force cannot be contraryto this Constitution.

5. Greeks deprived in any manner whatso-ever of their citizenship prior to the cominginto force of this Constitution shall re-acquireit upon a decision by special committees ofmagistrates as specified by law.

6. The provision of article 19 of legislativedecree 3370/1955 «on sanctioning of the Codeof Greek citizenship» shall remain in force untilit is repealed by law.

Article 112

1. On matters where provisions of this Con-stitution explicitly require the promulgation ofa statute to regulate them, the statutes or theadministrative acts of a regulatory nature whichare in force, as the case may be, at the timethis Constitution comes into force, shall remainin force until the statute shall be promulgated,

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with the exception of those which are contraryto the provisions of the Constitution.

2. The provisions of article 109 paragraph 2and 79 paragraph 8 shall enter into force as ofthe date of the coming into force of each ofthe statutes especially provided therein whichmust be promulgated at the latest by the endof the year 1976. Until the statute provided forin article 109 paragraph 2 comes into force, thealready existing constitutional and legislativeregulation at the time this Constitution entersinto force shall continue to be applicable.

3. Constituent Act of October 5, 1974, whichshall remain in force, shall be construed asmeaning that the suspension of the exercise ofthe duties of professors as of their election asMembers of Parliament shall not, throughoutthe duration of the present parliamentary term,be extended to include teaching, research,authorship, and scientific work in laboratoriesand classrooms of the respective schools; butthe participation of these professors in theadministration of schools and in the election ofteaching personnel in general or in the exami-nation of students shall be excluded.

4. The application of article 16 paragraph 3,on the number of years of compulsory educa-tion, shall be fulfilled by means of a statute,within five years of the coming into force ofthis Constitution.

Article 113

The Standing Orders of Parliament, the par-liamentary resolutions pertaining thereto andthe statutes specifying the manner in which Par-liament shall function, shall continue to be inforce pending the date of enactment of the new

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Standing Orders, with the exception of thosewhich are contrary to the provisions of thisConstitution.

As to the function of the Sections of Parlia-ment provided by articles 70 and 71 of the Con-stitution, the provisions of the last StandingOrders regulating the work of the Special Leg-islative Committee of article 35 of the Constitu-tion of January 1, 1952 shall apply in a supple-mentary manner, as provided by article 3 of par-liamentary resolution A’ dated December 14,1974. Pending the enactment of the new Stand-ing Orders the Committee of article 71 of theConstitution shall be composed of sixty regularmembers and thirty alternate, to be selected bythe Speaker from among all parties and groups,in proportion to their strength. In case of dispu-te, prior to the publication of the new StandingOrders, on the provisions to be applied, the Ple-num or the Section of Parliament in the opera-tion of which the question has arisen shall decide.

Article 114

1. The election of the first President of theRepublic must take place within two months ofthe publication of this Constitution at the lat-est, in a special session of Parliament, to becalled by the Speaker at least five days inadvance; the provisions of the Standing Ordersas to the election of the Speaker shall be anal-ogously applied.

The President to be elected shall assumethe discharge of his duties upon being swornin, within five days of his election at the latest.

The statute specified in article 49 paragraph5 on the regulation of matters related to the

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liabilities of the President of the Republic mustbe promulgated before December 31, 1975.

Pending the enactment of the statute speci-fied in article 33 paragraph 3, matters definedtherein shall be regulated by the provisions per-taining to the provisional President of theRepublic.

2. As of the date of enactment of this Con-stitution and until the President of the Repub-lic to be elected assumes the discharge of hisduties, the provisional President of the Repub-lic shall exercise the authority vested in thePresident by the Constitution, with the restric-tions specified in article 2 of parliamentary res-olution B’ of the Fifth Revisionary Parliamentdated December 24, 1974.

Article 115

1. Pending the enactment of the statute pro-vided in article 86 paragraph 1, the standingprovisions on prosecution, interrogation and tri-al of acts and omissions specified in article 49paragraph 1 and article 85 shall be applicable.

2. Pending the entry into force of the statuteprovided by article 99, suits for faulty wrongfuljudgment shall be tried by the court providedunder article 110 of the Constitution of Jan-uary 1, 1952, and in accordance with the pro-cedure effective at the time of publication ofthis Constitution.

3. Pending the entry into force of the statuteprovided by the article 87 paragraph 3 and theestablishment of the judicial and disciplinarycommittees provided under article 90 para-graphs 1 and 2 and article 91, the relevant pro-visions valid at the time of the entry into forceof this Constitution shall remain in force. The

*****

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statuses on the above matters must be promul-gated not later than one year from the date ofcoming into force of this Constitution.

4. Pending the entry into force of the sta-tuses provided under article 92, the provisionsexisting at the time this Constitution enters intoforce shall remain in force. The said statusesmust be promulgated not later than one yearfrom the date of coming into force of this Con-stitution.

Article 116

1. Existing provisions contrary to article 4paragraph 2 shall remain in force pending theirabolition by statute not later than December31, 1982.

** 2. Adoption of positive measures for pro-moting equality between men and women doesnot constitute discrimination on grounds of sex.The State shall take measures for the elimina-tion of inequalities actually existing, in particu-lar to the detriment of women.

3. Ministerial decisions of a regulatory natureas well as provisions of collective agreementsor arbitration decisions fixing the remunerationfor employment which are contrary to the pro-visions of article 22 paragraph 1 shall remain inforce until they are replaced not later thanthree years from the date of entry into force ofthis Constitution.

Article 117

1. Laws issued before April 21, 1967, inapplication of article 104 of the Constitution ofJanuary 1, 1952 shall be deemed not to be con-

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trary to this Constitution and shall remain inforce.

2. Notwithstanding article 17, the legislativeregulation and dissolution of existing leases offarms and other land onuses, the purchase ofbare ownership by long leasers of long leasedplots and the abrogation of peculiar real prop-erty relationships shall be permitted.

3. Public or private forests or forest expans-es which have been destroyed or are beingdestroyed by fire or have otherwise been de edor are being deforested, shall not thereby relin-quish their previous designation and shall com-pulsorily be proclaimed reforestable, the possi-bility of their disposal for other uses beingexcluded.

4. The expropriation of forests and forestexpanses owned by individuals or by private orpublic law legal persons shall be permitted onlyin cases benefiting the State, in accordance withthe provisions of article 17, for reasons of pub-lic utility; but their designation as forests shallnot be altered.

5. The expropriations which have beendeclared or are being declared until the exist-ing statutes on expropriation have been adapt-ed to this Constitution, shall be governed byprovisions in force at the time of their de-claration.

6. Paragraphs 3 and 5 of article 24 shall beapplicable to residential areas which have beendesignated or are being reformed as such as ofthe coming into force of the laws provided fortherein.

** 7. The revised provision of the first sec-tion of paragraph 4 of article 17 shall comeinto force upon entry into force of the corre-

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sponding implementing law and in any case asof 1.1.2002.

Article 118

1. As of the date of entry into force of thisConstitution magistrates from the rank of pres-ident or public prosecutor of the Court ofAppeals and up or of corresponding ranks, shallretire from service, as before that time, uponattainment of the age of seventy years; this agelimit shall annually be lowered by one yearuntil the age of sixty-seven years, beginning in1977.

2. Highest magistrates who were not in serv-ice at the time the constituent act of Septem-ber 4/5, 1974 «on the restoration of order andharmony in the judicial branch» came into forceand who were demoted on that basis, due tothe time at which their promotion was madeand against whom the disciplinary prosecutionspecified in article 6 of the said constituent actwas not initiated, shall be compulsorily com-mitted by the competent Minister to the High-est Disciplinary Council, within three monthsof the coming into force of this Constitution.

The Highest Disciplinary Council shalldecide whether the conditions of promotionhave reduced the prestige and the special posi-tion in the service of the promoted person andshall by final decision rule on re-acquisition ornot of the automatically forfeited rank and therights attached thereto, the retroactive paymentof salary or pension being however excluded.

The decision must be pronounced withinthree months of committal.

The closest living relatives of a magistrateshaving been demoted and deceased, may exer-

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cise all the rights accorded to persons underdisciplinary trial before the Highest Discipli-nary Council.

3. Pending the publication of the law pro-vided under article 101 paragraph 3, provisionsin force pertaining to the distribution of author-ity between central and regional services shallcontinue to be applied. These provisions maybe amended by the transfer of special authori-ty from central to regional services.

** 4. The revised provisions of paragraphs 2and 3 under article 89 shall come into forceupon entry into force of the correspondingimplementing law and in any case as of 1.1.2002.

** 5. The presidents of the supreme courts,the Public Prosecutor of the Supreme Civil andCriminal Court, the general commissioners ofadministrative courts and of the Court of Audit,as well as the President of the Legal Council ofthe State who are in service at the time of entryinto force of the revised provision of paragraph5 of article 90, shall retire, as provided by para-graph 5 of article 88.

** 6. Exceptions from the competence ofthe Highest Personnel Selection Council pro-vided for or maintained in statute 2190/1994, asin force, continue to apply.

** 7. Legislative regulations concerning thefinalisation of the service status for staff com-ing under paragraph 8 of article 103 continueto apply until the relevant procedures are com-pleted.

Article 119

1. The inadmissibility of petitions for annul-ment of acts issued between April 21, 1967 andJuly 23, 1974, irrespective of the way it operat-

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ed, may be lifted by statute regardless of whetheror not such a petition had been submitted; inno case, however, may retroactive wages be paidto persons who prevail through this legal rem-edy.

2. Military or civil servants who by law havebeen restored ipso jure to the public posts theyoccupied and who have become Members ofParliament, may within an eight-day limit statetheir choice between their parliamentary officeand their public post.

SECTION IVFinal Provision

Article 120

1. This Constitution, voted by the Fifth Revi-sionary Parliament of the Hellenes, is signed byits Speaker and published by the provisionalPresident of the Republic in the GovernmentGazette by decree countersigned by the Cabi-net and shall enter into force on the eleventhof June 1975.

2. Respect towards the Constitution and thelaw concurrent thereto, and devotion to theFatherland and to Democracy constitute a fun-damental duty of all Greeks.

3. Usurpation, in any way whatsoever, ofpopular sovereignty and of powers derivingtherefrom shall be prosecuted upon restorationof the lawful authority; the limitation from whichpunishment for the crime is barred shall beginas of the restoration of lawful authority.

4. Observance of the constitution is entrust-ed to the patriotism of the Greeks who shallhave the right and the duty to resist by all pos-

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135

sible means against anyone who attempts theviolent abolition of the Constitution.

Athens, 27 June 2008

THE SPEAKER OF THE PARLIAMENT

DIMITRIOS G. SIOUFAS



ALPHABETICAL INDEX

AAcademy of Athens

election of magistrates as members 89§2act

constituent 97§2, 111§§2,4, 112§3of legislative content 44§1, 48§5

administrationobligation of compliance to judicial decisions 95§5of local affairs 102§1organization of 101, 101A, 102

administrative division of the country 101§2Aghion Oros 105aliens, extradition (see extradition of aliens)alternative service (see service, military)amendment/s (see Bills)amnesty

for common crimes 47§4for political crimes 47§3

apostolic canons 3§1appeal 14§4, 96§2, 111§3 barbitration 22§2, 89§3, 118§4archaeological treasures 18§1

sites 18§1armed forces 4, 18§3, 45arrest 5§3, 6§§1,2,3art 16§1assemblies, public outdoor 11§§1,2associations

athletic 16§9student 16§5

asylum 9§2athletics 16§9independence, administrative 102 §2authority/ies

independent 9A, 15§2, 19§2, 56§3, 101A, 103§7secrecy of letters, free correspondence 19§§1,2appointment of members 101A §§1,2

judicial 19§1monastic 105§5parliamentary control 70§6, 101A§§1,3

137


petition 10public 10§1

Bballot

direct 51§3universal, secret 51§3, 102§2

beliefspolitical 5§2religious 5§2, 13§§1,4

bequeaths 109§3Bills 42§§1,2, 71-76, 98§1d

additions 73§§3,4, 74§5, 76§3amendments 73§§3,4, 74§§3,4, 75§2, 76§3burdening the Budget 75§§1,3Economic and Social Committee 82§3expenditure/reduction of revenues 75§3explanatory report 74§1of an urgent nature 76§5provisions not related to the main subject matter 74§5referendum on bills 44§2report of the General Accounting Office 75scientific service 65§5, 74§1sent back/return to Parliament 35§2, 42§§1,2, 76§2voted in Plenum 72§1

biomedical interventions 5§5budget 64, 72, 75, 79, 80

voting of 79§§1,3,5proposals for the modification of individual items

79§1boundaries, of the Country 27§1

C cabinet 34§1, 35§1, 37§§1,2,3,4, 38§1, 41§§2,3, 81§1, 85,

86§§1,5member of 85, 86§§1,2state of siege 48§§1,2,5

cadastre, national 24§2censorship 14§2census 54§2childhood 21§1Church of Greece 3§§1,3citizenship 4§3, 105§1, 111§§5,6civil/public servants 23§2, 29§3, 46§1, 56§§1,3,4, 103, 104code

administrative 76§6


judicial 76§6codification

of legislative provisions in force 76§7committee/s

economic and social 82§3judicial 8investigation 68§§2,3parliamentary 66§3, 68§3, 70§4, 71, 74§2

standing 68§1, 70§§2,3,5,6, 72§§2-4, 79§3 transmission of workings 15§2

communication/correspondence 19§1secrecy 19§1

communities, Hellenic 108§2compensation 17§§2,4,5,7, 18§6confiscation, general 7§3conscience, religious 13§1constituency 54§2constitution 1§3, 5§1

constituent acts 97§2, 111§§2,4, 112§3revision 110resolutions 111, 113suspension of force of provisions 48§1

cooperatives 12§4council/s 90, 91, 92§§1,3, 115§3

Highest Personnel Selection Council 118§6service 103§4Legal Council of the State 100ANational Council of Foreign Policy 82§4National Radio and Television Council 15§2of Hellenes Abroad 108§2 pardons 47§1

Court of Audit 73§2, 90§1, 98courts 20§1, 26§3, 87§1, 93-100A

air force, naval, military 96§§4a, 5civil servants 92§§1,3,4extraordinary 8, 48§1prize courts 96§4b

crime 6§§1,2, 7§1 political 97§§1,2

currency 80§2

Ddeath, penalty 7§3decentralization 101§1decision

of authority 10§2of police authority 11§2disciplinary 92§3

139


judicial/court judgement 7§4, 12§2, 88§4, 103§4, 109§2ministerial, regulatory 116§3

decree/s 35§1, 43§§1,2,4, 95§1dnecessary for the execution of statutes 43§1on the dissolution of parliament 41§3on the proclamation of a referendum 44§2regulatory 43§§2,4, 95§1state of siege 48§2

defence 4§6, 22§4, 68§2delegation of legislative power 36§4, 43§§1,2,4,5, 78§§4,5democratic government 29§1demographic policy 21§5detention 6§§1,3,4development

cultural 15§2economic 106§§1,6of art, science, research, teaching 16§1of merchant marine 107§1of personality 5§1of towns, residential areas, settlements 24§2social and economic plans 79§8

disabled, disability 21§§2,3,6, 88§4, 92§1discriminations/ nationality, race, language 5disputes

administrative, substantive 94§§1,3, 95§1cprivate 94§§2,3

document/s supply of 10§3

donation, benefiting the State 109§§1,2

Eeconomy, national 18§6, 24§1, 106§§1,2Economic and Social Committee 82§3Economic and Monetary Union 80 (int. clause)economic development (see development)education 16, 108, 112§4elections (see parliamentary)electoral expenses 29§2electoral constituency 54§2electoral system 54§1employment/work 22

strike 33§2employee/s

civil servants 103, 104enterprise/s

acquisition by purchase 106§3controlled by the State 106§5compulsory participation of the State 106§§3,4

140


Members of Parliament 57§4of the nature of a monopoly 106§3, int. clausepublic 23§2, 56§3a, 57§1d,e

environment 24§1equal/equality 4§§1,2, 116§2establishment

free in the country 5§4European integration 28 (int. clause), 80 (int. clause)European Union 70§8evidence illegally acquired 19§3executive power 26§2explanatory report

of Bills and Law proposals 74§§1,4exploitation, of lakes and lagoons 18§2exploratory mandate 35§2b, 37§§2,3,4expropriation 17§§2-6, 18§8, 117§§4,5extradition, of aliens 5§2

Ffamily 9§1, 21§§1,2felonies 97§§1,2financial statement of the State 72§1, 79§§2,7, 98§1eforce majeure 6§2foreign capital 106§3, 107§§1,2foreign military force 27§2forest

expanses 24§1, int. clauseexpropriation 117§§4,5registry 24§1

form of government (see government)freedom

of art and science 16§1of expression 14§1of movement 5§4of personality 5§1of press 14§2of religious conscience 13§1person/personal 5§§1,2,3,5, 6§§1,2, 7§4to found and join political parties 29§1to unionize 23§1

fundamental/basic human rights, protection 25§§1,2

GGeneral Accounting Office 75§§1,2General Commissioner 90§§1,5

General Commissions 90§§1,2genetic identity 5§5

141


good usages 5§1, 13§2, 93§2 government 26§2, 37§2, 41§1, 45, 73§1, 74§3, 66§1, 81-83,

84§§1,2,4,5, 85, 89§4amendments, discussion 74§3command of the Nations’ Armed Forces 45composition 81§1exercise of executive powers 26§2form of government 1§1, 110§1Gazette 35§1, 44§3, 65§1, 110§5, 120§1general policy 85right to introduce Bills 73§1withdrawal of confidence 84§2

group, parliamentary 37§4, 38§2, 68§3, 73§4

Hhealth

protection 5§5, 21§3public 5 (int. clause), 18§3, 21§3

Hellenes abroad 108§2Highest Personnel Selection Council 118§6Holy Monasteries 105§§1-5Holy Scripture 3§3home’s asylum 9honour, protection 5§2

Iimprisonment 5§3, 6§§1,2, 62incapacity, to vote 51§3indemnity 7§4 (see also compensation)independent authority (see authority)independence, administrative 102§2 independence, national, defence of 33§2independence, functional and personal 96§5 information media (see media)information society 5A§2initiative, private, economic 106§2institutions, constitutional, restoration 48§5insular regions 101§4insult, against the person of the President of the Republic

14§3bintegration, professional 21§6integration, European (see European Integration)integrity, territorial 14§3cinterest, general 33§2, 106§1interest, national 4§3, 28§3interest, public 17§1international conventions 28§1, 36§2

142


international law 2§2, 5§2, 28§1, 100§1finternational organizations 28§2, 36§2interpretation of the statutes, authentic (see law/statute)intervention, biomedical 5§5investigation committees of the Parliament 68§§2,3

Jjournalist 14§§6,8judge/s 8, 87-92

assigned by law 8council of pardons 47§1discharge of duties 87§2independence functional and personal 87§1inspection of regular judges 87§3presidents of Supreme Court 90§§1,5regular 87§1, 88§§3,6, 97§1strike 23§2subject to Constitution and laws 87§2Supreme Civil and Criminal Court 87§3

judicial committees 8judicial decision/court judgement 7§4, 12§2, 26§3, 88§4,

93§3, 103§4, 109§2criminal conviction 92§1Special Highest Court 100§4

judicial power 26§3, 87judicial warrant 6§§1,2jury courts 97§1justice

courts, administered by 87§1penal 96

Llakes, lagoons 18§2land registries 93§§4,5language 5§2law proposal 70-76law/statute

broad framework 43§§4,5, 78§5 contrary to the Constitution 93§4, 111§1criminal 96§1execution of 43§1interpretation of statutes 77§1

authentic 72§1, 77§1judges, obligation to comply 87§2legislative power 77§1parliament plenum 72§1, 79§8publication 42§1, 112§1

143


retroactive effect of statute 78§2taxation 76§7, 78

Legal Council of the State 100Alegal protection 20§1legislation

protection of foreign capital 107legislative

delegation 36§4, 43§§2,4,5, 78§4power 26§1, 77§1

liberty personal 5§3protection of 5§2

list civil of the President of the Republic 33§3

local affairs 102§1local government agencies 17§7, 22§3, 73§§2,3,4,

98§1a,c,g, 102

Mmagistrate, examining 6§2magistrates 87-92, 99§§1,2marriage 21§1master plan 24§2maternity, protection 21§1media/medium of information 14, 15

civil and criminal liability of the press 14§7direct control of the State 15§2independent authority 15§2insulting or defamatory publication 14§5National Radio and Television Council 15§2press 14suspension of publication 14§6transparency/plurality of information 14§9

Megali Vigla 105§1Member of Parliament 51-63

compensation, exemptions 63election/s 51§§3,4, 53, 55§1, 57§2eligibility 55§1forfeiture of office 29§2, 55§2, 57§§1,2,3, 100§1cfreedom of opinion 60§1, 65§4impediments of eligibility 56incompatibilities 57, 100§1liability 61oath 59prosecution 61-62 members of the Cabinet 86resignation 60§2

merchant marine 107§1


military courts 96§§4a, 5mines 18§1Minister 35§1, 43§2, 47§§1,2, 66§§2,3, 69, 73§§2,5,

74§§2,5, 75, 79§3, 81§§1,4,5, 83, 84§7, 85,90§§3,4, 91§§1,3, 103§5

mixed jury courts 97§1mobilization 18§3, 22§4, 48§1 monasteries 18§8, 105§§2,3monuments 24§6moral damage 6§3motion of confidence 84§§1,4,5,6,7motion of censure 84§§2,3,4,5,6,7Mount Athos, Aghion Oros 105§§1,2mountainous, areas 101§4

Nnation 1§3, 51§2National Council of Foreign Policy 82§4National Radio and Television Council 15§2nationality 5§2naval courts 96§§4a,5negotiations, free 22§2newspapers 14§§3,4, 57§1cnotaries, public 92§§4,5

Ooath 13§5, 33§2, 59objection, conscientious 4 (int. clause)offense against religion 14§3old age 21§3Ombudsman 103§9order, public 13§2, 18§3organization/s

international 28§2of political parties 29§1

Ppardon 47§§1,2Parliamentary

committees (see committee/s, parliamentary)control 70§6resolutions 111§§2,4elections 41§§1,2, (int. clause), 51§§3,4, 53, 54, 58 republic 1§1, 110§1session 40§§1-3, 64§§1,2term 40§1, 48§§2,3, 53, 62, 65§3, 112§3

145


ParliamentConference of Parliamentary Chairmen 101A§2convocation 32§5, 34§2, 40, 48§§2,3, 53§1, 64§1dissolution 32§4, 34§1, 41§§1,2,5, int. clause,

48§§2,3, 53§3, 62investigation committees 68§§2,3legislative work 70-80Plenum/total number of members/plenary session

42§2, 43§§4,5, 47§3, 49§5, 63§§1,2, 65§1,70§§1,4,6, 71, 72, 74§§1,3,5, 76§§2,4,6, 113

revision of the Constitution (see Constitution)sections 68§3, 70§§4,5, 71, 72§2, 74§§1,3, 76§4, 113session 53§1, 64§§1,2, 65§3, 70§2sittings 59§1, 63§3, 66§§1,2, 76§§2,5, Speaker 35§3, 61§2, 62, 65§§1,2,3,4,6, 69, 81§3,

86§4, 113, 114§1Standing Orders 32§1, 37 (int. clause), 44§2,

65§§1,2,4,5,6, 66§3, 68, 70-72, 76§§4,5,79§§3,7, 103§6, 113, 114§1

transmission of workings 15§2 parties, political

activities 29§1electoral and operating expenses 29§2exploratory mandate 37§§2,3,4, int. clausecabinet composed of all parties 37§3financial support 29§2manifestations in favour or against 29§3organization 29§1youth sections of parties 29§1

pensionCourt of Audit 98§1granting of 73§2, 78§4, 80§1

people/s 1§3, 2§2, 26§3, 33 §2, 103§1permission 10§2, 12§1, 99§3, 104§3personal data 9Apersonality, development (see development)personal liberty (see liberty)petition for annulment 95§1apetition for reversal of final judgements 95§1bplenum, of the Parliament (see Parliament)policy, demographic 21§5political parties (see parties)popular sovereignty 1§2, 52, 120§3population, legal 54§2postal vote 51§4power/s 1§3

abuse 9§2executive 26§2judicial 26§3

146


legislative 26§1separation 26usurpation of 120§3

President of the Republicappointment of Prime Minister and Cabinet

37§§1,2,3,4, 38§2civil list 33§3 election/re-election 30§§1,5, 32, 114§§1,2powers/liabilities

of the president of the Republic 35-48, 50executive 26§2legislative powers 26§1, 42-44

institutional role 30§1liability 49, 115§1message 44§3oath 33§2replacement 34§§1,2, 38 (int. clause)validity of his acts 35§1

presidents of the highest courts 90, 118§§1,5press (see media)

freedom of 14liability, civil and criminal 14§7right to reply 14§5

Prime Minister 37, 38, 44§3, 81§§1,5, 82§2, 83appointment 35§2a,e, 37§§1,2, 38§2provisional alternate 81§5replacement 38§2

principle of proportionality 25§1private disputes 94§§2,3private economic initiative (see initiative)private life 9§1prize courts (see courts)professors of university level institutions 16§6, 56§2, 112§3property, ownership 17, 18

confiscation, general 7§3free use and enjoyment 18§5public interest 17§1of mines, of quarries 18§1of archaeological sites 18§1restrictive measures 24§6requisitions of 18§3

proselytism 13§2protection, legal 20§1Public Administration 14§9, 94§4, 95§5, 101-104public charges 4§5public enterprises (see enterprises)public order 13§2, 18§3, 105§4Public Sector 14§9, 103§§7,8public/civil servants (see civil servants)

147


publicationdefamatory 14§5inaccurate 14§5obscene 14§3dright to reply 14§5

Rrace 5§2radio and television (see media) 14§9, 57§1cratification of international law or convention 28§1reciprocity, condition of 28§1,3redistribution of agricultural areas 18§4 referendum 35§3, 44§2, 100§1b

crucial national matters 44§2proposal of the Cabinet 44§2verification of the validity and returns 100§1b

regional development 106§1regulatory decrees (see decrees)religion 3§1, 13§§2,3, 14§3a, 59§2republic parliamentary (see parliamentary)research, science, promotion of 16§1resistance 120§4resolution/s 97§2, 111§2, 113restrictive measures 5§4retroactive

criminal statute 7§1fiscal statute 78§2statute of taxation 78§2

revenues/expendituresadministration of 79§4 Bill 75§3entrance in the annual budget and financial state-

ment 79§2revision of the Constitution (see Constitution)right/s

of economic liberty 5§1to assemble 11§1to be elected 55§1to form non-profit associations 12§1to information 5Ato petition public authorities 10§§1,2to prior hearing 20§2to property 17§1to protection of environment 24§1to protection of health 5§5to strike 23§2to vote 51§§3,4,5to work 22§1

148


rightsabusive exercise 25§3Bills voted by the Plenum 72§1fundamental/recognition and protection 25§2 general protection 25§§1,2, 28§3human 25§1, 28§3individual 72§1

Ssanctuary 9§1 (see also asylum)science/promotion of 16§1Scriptures, Holy (see Holy Scriptures)secret/secrecy

evidence 19§3independent authority 19§2of letters 19§1of other forms of free correspondence and commu-

nication 19§1violation 19§§1,3

Secretary/ies, Minister/s (see Ministers)appointment 37§1countersignature of acts of the President of the

Republic 35discharge of duties 81§3freedom to attend sittings 66§2incompatibility 81§4motions of confidence/censure 84§7of finance 73§§2,5, 75§3, 79§3of justice 47§1, 91§§1,3pardon 47§2 parliament committees 66§3parliament sittings 66§2provisional alternate 81§5qualifications 81§2responsibility/liability 35§1, 85, 86Vice Presidents of the Cabinet 81§1without portfolio 83§1

securityagrarian 96§2national 19§1,48§1public 11§2

separation of powers 26service, military, alternative 4 (int. clause)site, archaeological (see archaeological treasures)social dialogue 82§3social security 22§5Speaker of the Parliament (see Parliament)Special Highest Court 58, 100

149


sports 16§9Standing Orders of Parliament (see Parliament)State Deputies 54§3, 56§3estate of siege/state of emergency 48§§1,5,7statutes/laws (see laws)suit for faulty, wrongful judgement

permission 99§3special court 99§1trial 99§1, 115§2

Supreme Administrative Court 88§7, 90§§1,5,6, 91§§2,4,94-95, 98§3, 99§§1,2,100, 103§4, 118§5

Supreme Disciplinary Council 91, 118§2Supreme Judicial Council 90Synod, Holy 3§1

Ttaxation 78§§1,2,3,4taxes

imposition of 78§§1-4television (see radio and television)territory, Greek 27§2titles of nobility 4§7torture7§2transparency of information media 14§9transparency of electoral expenses 29§2

UUndersecretary 37§1, 66§§2,3, 69, 81§§1,2,3,4, 83§2, 84§7,

85, 86§§1,4,5unions 12§§1,2,3university level institutions 16§5

professors (see professors of university level institu-tions)

utility/benefit, public 17§§2,6,7, 117§4

Vvalue of human being 2§1, 15§2victims of war 21§2violence 7§2vote, postal 51§4

Wwar 18§3, 21§2, 22§4, 30§4, 36§1, 48§§1,4, 53§3waters, mineral, running, underground 18§1welfare state 25§1

150


will 109§1work 22 (see also employment)

Yyouth 15§2, 21§3, 29§1

151







Documents

001-156 Syntagma uk new - Hellenic Parliament · THE CONSTITUTION OF GREECE As revised by the parliamentary resolution of May 27th 2008 of the VIIIth Revisionary Parliament HELLENIC