THE
CONSTITUTION
OF GREECE
THE
CONSTITUTION
OF GREECE As revised by the parliamentary resolution
of April 6th 2001
of the VIIth Revisionary Parliament
HELLENIC PARLIAMENT
Editorial Committee:
Kostas Mavrias, Professor, Law Faculty, Athens University; President of the Scientific Council Hellenic Parliament President of the Hellenic Association of Constitutionalists
Epaminondas Spiliotopoulos, Professor emeritus, Law Faculty, Athens University; Member of the Academy of Athens; Member of the Scientific Council, Hellenic Parliament
Translated by:
Xenophon Paparrigopoulos LL.M., S.J.D., Research Fellow, Directorate of Studies Hellenic Parliament
Stavroula Vassilouni LL.M., Research Fellow, Directorate of Studies Hellenic Parliament
© Copyright 2004 Hellenic Parliament
ISBN: 960-560-073-0
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I n 1974 Greece came out of a period throughoutwhich democratic institutions had been dis- solved; this period lasted for seven years and is known as the colonels’ dictatorship.
One year later, the 5th Revisionary Parliament voted a new Constitution, thus signaling democracy’s comeback.
Pursuant to the Constitutional Act of 3/4 October 1974, the initiative for this endeavor was entrusted to the Government, headed by Konstantinos Kara- manlis, which was formed after the parliamentary elections of 17 November. The Government did in fact prepare the draft Constitution, which in December 1974 was distributed to the MPs and given wide publicity. Subsequently, in January 1975, after the Government had itself revised some of its provisions, the draft Constitution was officially filed with the Parliament, and the revisionary work -in fact, the framing of a new Constitution- began.
Having the fresh experience of the seven year long tyranny, the constitutional lawgiver of 1975, inspired both by the Greek constitutional tradition and by foreign constitutional advances, gave the Country a text which indeed combined regulations capable to secure the civil and political liberties of the Greeks, respect for the value and dignity of man and the development and stabilization of the welfare state.
At the same time, the constitutional legislator chose as form of government parliamentary republic and, more specifically, in accordance with the referendum of 8 December, which underlined the political change that came about, a «presided parlia- mentary democracy». By using the denominative «presided», the constitutional lawgiver intended to underline the fact that the head of state should be elected and not hereditary.
Eleven years of political life followed, which were marked by the smooth functioning of institutions, but, also, by disagreement about the proper extent ïf presidential competencies and in 1986 the first
revision of the Country’s constitutional chart took place, with the initiative of the parliamentary majority of the PASOK party.
The reform, focused mainly on the issue of presidential competencies which it drastically cur- tailed, while further strenghtening the powers of the Prime Minister. As a consequence, and as far as presidential powers were concerned, the denominative «presided» lost to a certain degree its importance.
Contrary to what had been the case with the first, the second revision of the Constitution, which occured after an additional fifteen years, also marked by the faultless functioning of political institutions, is characterized as consensual and came to completion in 2001. Its extend greatly exceeds, indeed, the extent of the earlier revision; it encompasses a broad spectrum of regulations, such as, among other, new human rights created by technological progress, rights which come to be added to the catalogue of classical liberties, the direct application, where appropriate, of constitutional rights to the relationships among private parties, the broadening of protection both of the natural and the cultural environment, the declaration of the principle of social welfare state, the assignment of lawmaking powers to the Parliament’s Standing Committees, the modernization of the system of the judicial review of the constitutionality of the acts of parliament, the constitutional status of the inde- pendent administrative authorities. These are reforms whose application in practice already seem to justify the choices made by the revisionary legislator.
Three years have already elapsed from this second revision, and in a few months the Parliament will celebrate the first thirty years of the life of the Constitution, with an exhibition meant to underpin the constitutional and political history of modern Greece.
Within the framework of this exhibition, the Parliament’s edition at hand wishes to make available the contents of the Country’s constitutional chart to the English-speaking community at large.
ÔÇÅ SPEAKER OF THE HELLENIC PARLIAMENT
PROF. ANNA BENAKI
T A B L E O F C O N T E N T S
PART ONE Basic Provisions
SECTION I The form of Government
Article 1. The form of government ........................17 2. Principal obligations of the State ...........18
SECTION II Relations of Church and State
Article 3. Relations of Church and State ...............18
PART TWO Individual and Social Rights
Article 4. Equality of Greeks....................................19 5. Free development of personality ............20 5A. The right to information......................21 6. Illegal detention .......................................21 7. Nullum crimen sine lege.
Prohibition of torture and of general confiscation .............................23
8. The principle of natural judge...............23 9. The inviolability of home and
of private life ............................................24 9A. The protection of personal data ............24 10. The right of petition ...............................24 11. The right of assembly..............................25 12. The right of association...........................25 13. The freedom of religion..........................26 14. The freedom of expression and
of the press...............................................26 15. Mass media ...............................................29 16. 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 ......................36 20. The right to legal protection..................37 21. Protection of family, marriage,
motherhood and youth ...........................37 22. The right of work. Social security .........38 23. The freedom to unionise.
The right to strike ...................................39 24. Protection of the environment................40 25. Protection and exercise of
the fundamental rights ............................41
PART THREE Organization and functions of the State
SECTION I Structure of the State
Article 26. Separation of powers ...............................42 27. Change in the boundaries
of the Country. Foreign military forces .........................................................43
28. Rules of international law. International organizations......................43
29. Political parties .........................................44
SECTION II The President fo the Republic
Chapter one Election of the President
Article 30. The President regulates the function of the State institutions. Presidential Tenure..................................45
31. Conditions of eligibility............................46 32. Election of the President.........................46 33. Installation in office .................................48 34. Replacement..............................................49
Chapter two Powers 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 ....................................53 39. [Repealed] .................................................55 40. Convocation of Parliament.
Suspension of sessions .............................55 41. Dissolution of Parliament ........................55 42. Promulgation and publication
of statutes ..................................................56 43. Issuance of decrees ..................................57 44. 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................................59 48. State of siege ............................................60
Chapter three Special liabilities of the President of the Republic
Article 49. Liability of the President of the Republic.........................................62
50. Presumption of competence....................63
SECTION III Parliament
Chapter one Election and composition of Parliament
Article 51. Election of the M.P. The right to vote .......................................................63
52. Free expression of the popular will.......64 53. Parliamentary term ..................................64 54. Electoral system; election districts;
Members of Parliament elected at large ......................................................65
Chapter two Disqualifications and incompatibilities
Article 55. Qualifications.............................................66 56. Eligibility....................................................66
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57. Acts incompatible with the duties of M.P. ......................................................68
58. Judicial control of parliamentary elections .....................................................70
Chapter three Duties and rights of Members of Parliament
Article 59. Oath...........................................................71 60. Freedom of opinion and right
to vote; resignation from parliamentary office .................................71
61. Non-prosecution for opinion or vote cast ...............................................71
62. Parliamentary immunity ..........................72 63. Remuneration, exemptions, absence ......73
Chapter four Organization and functioning of the Parliament
Article 64. Regular session .........................................73 65. Standing Orders and Presidium
of Parliament ............................................74 66. Publicity of the sittings ............................75 67. Quorum and majorities ...........................76 68. Parliamentary and investigation
committees.................................................76 69. Reports addressed to
the Parliament ..........................................77 70. Plenum and Sections: legislative
work; parliamentary control....................77 71. Vacation Section .......................................78 72. Competence of the Plenum and
the Sections...............................................79
Chapter five The legislative function of Parliament
Article 73. The right to introduce Bills ...................80 74. Procedure for the introduction
of a Bill for debate ..................................81 75. Bills resulting in burdening the
State budget..............................................83 76. Debate and voting of the Bills ...............84 77. Authentic interpretation of statutes........85
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Chapter six Tax and fiscal administration
Article 78. Taxation statutes ......................................85 79. Budget, financial statement, general
balance sheet of the State .......................86 80. Salaries, pensions. Currency ...................87
SECTION IV The Government
Chapter one Composition and function of the Government
Article 81. The Cabinet ..............................................88 82. Government and Prime Minister ...........89 83. Ministers and Undersecretaries ..............89
Chapter two Relations between Parliament and the Government
Article 84. Motion of confidence...............................90 85. Liability of Ministers ................................91 86. Court judging liability of Ministers........91
SECTION V The Judicial Power
Chapter one Judicial functionaries and Staff
Article 87. Judicial independence..............................94 88. Guarantees of the independence
of justice ....................................................95 89. Incompatibilities of judicial
functionaries..............................................97 90. The Supreme Judicial Council ...............98 91. The Supreme Disciplinary Council ......101 92. Civil servants of courts’ offices,
notaries public, registrars of mortgages and property transfers, directors of land registry offices.........................................102
Chapter two Organization and Jurisdiction of the Courts
Article 93. Courts ......................................................103
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94. Jurisdiction of civil and administrative courts ..............................104
95. Supreme Administrative Court .............104 96. Criminal justice.......................................105 97. Mixed jury courts...................................106 98. Court of Audit........................................107 99. Suits for faulty wrongful judgement....108
100. Special Highest Court............................109 100Á. Legal Council of the State..................111
SECTION VI Administration
Chapter one Organization of the Administration
Article 101. Administrative decentralization ...........111 101A. Independent authorities ....................112 102. Local government agencies .................113
Chapter two Status of administrative agents
Article 103. Civil servants.........................................114 104. Restrictions concerning civil
servants..................................................116
Chapter three Regime of Aghion Oros (Mount Athos)
Article 105. Regime of Aghion Oros ......................117
PART FOUR Special, Final and Transitory Provisions
SECTION I Special Provisions
Article 106. State and national economy................119 107. Protection of foreign capital and
special economic legislation.................120 108. Emigrant Greeks ..................................121 109. Will, codicil, donation benefiting
the State ................................................121
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SECTION II Revision of the Constitution
Article 110. Revision of the Constitution ...............122
SECTION III Transitory 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 ...........................127 116. Existing provisions contrary
to the principle of equality .................129 117. Transitory and special laws
concerning property, forests, expropriation and residential areas.......................................................129
118. Transitory provisions concerning judicial functionaries ............................131
119. Annulment of certain areas.................132
SECTION IV Final Provision
Article 120. Coming into force of the Constitution. The right to resist................................133
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THE CONSTITUTION OF GREECE
In the name of the Holy and Consubstantial and Indivisible Trinity
P A R T O N E Basic Provisions
SECTION I The Form of Government
Article 1
1. The form of government of Greece is that of a parliamentary republic.
2. Popular sovereignty is the foundation of government.
3. All powers derive from the People and exist for the People and the Nation; they shall be exercised as specified by the Constitution.
17
Article 2
1. Respect and protection of the value of the human being constitute the primary obliga- tions of the State.
2. Greece, adhering to the generally recog- nised rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and States.
SECTION II Relations of Church and State
Article 3
1. The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observ- ing unwaveringly, as they do, the holy apostolic and synodal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions 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 deemed contrary to the provisions of the preceding para- graph.
3. The text of the Holy Scripture shall be maintained unaltered. Official translation of the
18
text into any other form of language, without
prior sanction by the Autocephalous Church of
Greece and the Great Church of Christ in Con-
stantinople, is prohibited.
P A R T T W O Individual 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 Greek
citizens. Withdrawal of Greek citizenship shall
be permitted only in case of voluntary acquisi-
tion of another citizenship or of undertaking
service 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 for
public service, except as otherwise provided by
special laws.
5. Greek citizens contribute without distinc-
tion to public charges in proportion to their
means.
6. Every Greek capable of bearing arms is
obliged to contribute to the defence of the
Fatherland as provided by law.
7. Titles of nobility or distinction are nei-
ther conferred upon nor recognized in Greek
citizens.
19
** Interpretative clause: The provision of paragraph 6 does not pre-
clude that the law provides for the mandatory performance of other services, within or outside the armed forces (alternative service), by those having a substantiated conscientious objection to performing armed service or, generally, military duties.
Article 5
1. All persons shall have the right to devel- op freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the 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, race or 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 their action as freedom-fighters shall be prohibited.
3. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or other- wise confined except when and as the law pro- vides.
** 4. Individual administrative measures restrictive of the free movement or establish- ment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a crim- inal court ruling, in exceptional cases of emer- gency and only in order to prevent the com- mitment of criminal acts, as specified by law.
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** 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 every person against biomedical interventions shall be specified by law.
Interpretative clause: Paragraph 4 does not preclude the prohibi-
tion of exit from the country for persons being prosecuted on criminal charges by act of the pub- lic prosecutor, or the imposition of measures nec- essary for the protection of public health or the health of sick persons, as specified by law.
** Article 5A
1. All persons have the right to information, as specified by law. Restrictions to this right may be imposed by law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of pro- tecting rights and interests of third parties.
2. All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, 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 which must be served at the moment of arrest or detention pending trial, except when caught in the act of committing a crime.
2. A person who is arrested in the act of
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committing a crime or on a warrant shall be brought before the competent examining mag- istrate within twenty-four hours of his arrest at the latest; should the arrest be made outside the seat of the examining magistrate, within the shortest time required to transfer him thereto. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a war- rant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the compe- tent judicial council, this time-limit shall be extended by two days.
3. Should either of these time-limits elapse before action has been taken, any warden or other officer, civil or military servant, responsi- ble for the detention of the arrested person must release him immediately. Violators shall be punished for illegal detention and shall be liable to restore any damage caused to the suf- ferer and to pay him a monetary compensation for pain and suffering, as specified by law.
** 4. The maximum duration of detention pending trial shall be specified by law; such detention may not exceed a period of one year in the case of felonies or six months in the case of misdemeanours. In entirely exceptional cas- es, these maximum limits may be extended by six or three months respectively, by decision of the competent judicial council.
It is prohibited to exceed these maximum limits of detention pending trial, by successive- ly applying this measure to separate acts of the same case.
22
Article 7
1. There shall be no crime, nor shall puni- shment be inflicted unless specified by law in force prior to the perpetration of the act, defin- ing the constitutive elements of the act. In no case shall punishment more severe than that specified at the time of the perpetration of the act 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 human dignity are prohibited and punished as provid- ed by law.
** 3. The general confiscation of property is prohibited. The death penalty shall not be imposed, except in the cases provided by law for felonies perpetrated in time of war and related thereto.
4. The conditions under which the State, fol- lowing a judicial decision, shall indemnify per- sons unjustly or illegally convicted, detained pending trial, or otherwise deprived of their personal liberty shall be provided by law.
Article 8
No person shall be deprived of the judge assigned 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. The private and family life of the individual is inviolable. No home search shall be made, except when and as specified by law and always
23
in the presence of representatives of the judi- cial power.
2. Violators of the preceding provision shall be punished for violating the home’s asylum and for abuse of power, and shall be liable for full damages to the sufferer, as specified by law.
** Article 9A
All persons have the right to be protected from the collection, processing and use, espe- cially by electronic means, of their personal data, 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, observing the laws of the State, to petition in writing pub- lic authorities, who shall be obliged to take prompt action in accordance with provisions in force, and to give a written and reasoned reply to the petitioner as provided by law.
2. Prosecution of the person who has sub- mitted a petition for punishable acts contained therein shall be permitted only after notifica- tion of the final decision of the authority to which the petition was addressed has taken place and after permission of this authority has been obtained.
** 3. The competent service or authority is obliged to reply to requests for the provision of information and for the supply of documents, especially certificates, supporting documents and attestations, within a set deadline not exceed-
24
ing 60 days, as specified by law. In case this deadline elapses without action or in case of unlawful 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 assemble peaceably and unarmed.
2. The police may be present only at out- door public assemblies. Outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to pub- lic security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law.
** Article 12
1. Greeks shall have the right to form non- profit associations and unions, in compliance with the law, which, however, may never subje- ct the exercise of this right to prior permission.
2. An association may not be dissolved for violation of the law or of a substantial provi- sion of its statutes, except by court judgment.
3. The provisions of the preceding paragraph shall apply, as the case may be, to unions of persons not constituting an association.
4. Agricultural and urban cooperatives of all types shall be self-governed according to the provisions of the law and of their statutes; they shall be under the protection and supervision of the State which is obliged to provide for their development.
5. Establishment by law of compulsory coop-
25
eratives serving purposes of common benefit or public interest or common exploitation of farm- ing areas or other wealth producing sources shall be permitted, on condition however that the equal treatment of all participants shall be assured.
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 their rites of worship shall be performed unhindered and under the protection of the law. The prac- tice of rites of worship is not allowed to offend public order or the good usages. Proselytism is prohibited.
3. The ministers of all known religions shall be subject to the same supervision by the State and to the same obligations towards it as those of the prevailing religion.
4. No person shall be exempt from dis- charging his obligations to the State or may refuse to comply with the laws by reason of his religious convictions.
5. No oath shall be imposed or administered except as specified by law and in the form deter- mined by law.
Article 14
1. Every person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the State.
2. The press is free. Censorship and all oth- er preventive measures are prohibited.
26
3. The seizure of newspapers and other publications before or after circulation is pro- hibited.
Seizure by order of the public prosecutor shall be allowed exceptionally after circulation and in case of:
a) an offence against the Christian or any other known religion,
b) an insult against the person of the Pres- ident of the Republic,
c) a publication which discloses information on the composition, equipment and set-up of the armed forces or the fortifications of the country, or which aims at the violent overthrow of 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 whether the seizure is to be maintained or lifted; other- wise it shall be lifted ipso jure. An appeal may be lodged with the Court of Appeals and the Supreme Civil and Criminal Court by the pub- lisher of the newspaper or other printed matter seized and by the public prosecutor.
** 5. Every person offended by an inaccu- rate publication or broadcast has the right to reply, and the information medium has a cor- responding obligation for full and immediate redress. Every person offended by an insulting or defamatory publication or broadcast has also the right to reply, and the information medium
27
has a corresponding obligation to immediately publish or transmit the reply. The manner in which the right to reply is exercised and in which full and immediate redress is assured or publication and transmission of the reply is made, shall be specified by law.
6. After at least three convictions within five years for the criminal acts defined under para- graph 3, the court shall order the definitive ban or the temporary suspension of the publication of the paper and, in severe cases, shall prohib- it the convicted person from practising the pro- fession of journalist as specified by law. The ban or suspension of publication shall be effec- tive as of the date the court order becomes irrevocable.
** 7. Matters relating to the civil and cri- minal liability of the press and of the other information media and to the expeditious trial of 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 specified by law. The measures and restrictions necessary for fully ensuring transparency and plurality in information shall be specified by law. The con- centration of the control of more than one information 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 of an information media enterprise, is incompati-
28
ble with the capacity of owner, partner, major shareholder or managing director of an enter- prise that undertakes towards the Public Admin- istration or towards a legal entity of the wider public sector to perform works or to supply goods 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, which may extend to the point of revocation of the license of a radio or television station and to the point of prohibition of the conclusion or to the annulment of the pertinent contract, as well as the means of control and the guarantees for the prevention of infringements of the previous sections, shall be determined by law.
Article 15
1. The protective provisions for the press in the preceding article shall not be applicable to films, sound recordings, radio, television or any other similar medium for the transmission of speech or images.
** 2. Radio and television shall be under the direct control of the State. The control and imposition of administrative sanctions belong to the exclusive competence of the National Radio and Television Council, which is an inde- pendent authority, as specified by law. The direct control of the State, which may also assume the form of a prior permission status, shall aim at the objective and on equal terms transmission of information and news reports, as well as of works of literature and art, at ensuring the quality level of programs mandat- ed by the social mission of radio and television
29
and by the cultural development of the Coun- try, as well as at the respect of the value of the human being and the protection of childhood and youth.
Matters relating to the mandatory and free of charge transmission of the workings of the Parliament and of its committees, as well as of the 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 teaching shall be free and their development and pro- motion shall be an obligation of the State. Aca- demic freedom and freedom of teaching shall not exempt anyone from his duty of allegiance to the Constitution.
2. Education constitutes a basic mission for the State and shall aim at the moral, intellec- tual, professional and physical training of Greeks, the development of national and reli- gious consciousness and at their formation as free 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 education on all levels at State educational institutions. The State shall provide financial assistance to those who distinguish themselves, as well as to students 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 fully self-governed public law legal persons. These institutions shall operate under the supervision of the State and are entitled to financial assis-
30
tance from it; they shall operate on the basis of statutorily enacted by-laws. Merging or splitting of university level institutions may take place notwithstanding any contrary provisions, as a law 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 institutions shall be public functionaries. The remaining teaching personnel likewise perform a public function, under the conditions specified by law. The statutes of respective institutions shall define matters relating to the status of all the above.
Professors of university level institutions shall not be dismissed prior to the lawful termina- tion of their term of service, except in the cas- es of the substantive conditions provided by article 88 paragraph 4 and following a decision by 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 by law; until such law is issued, professors on active service shall retire ipso jure at the end of the academic year at which they have reached the age 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 time period 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 a license for the establishment and operation of schools not owned by the State, the supervision
31
of such and the professional status of teaching personnel therein shall be specified by law.
The establishment of university level institu- tions by private persons is prohibited.
9. Athletics shall be under the protection and the ultimate supervision of the State.
The State shall make grants to and shall control all types of athletic associations, as spec- ified by law. The use of grants in accordance with the purpose of the associations receiving them shall also be specified by law.
Article 17
1. Property is under the protection of the State; rights deriving there from, however, may not be exercised contrary to the public interest.
** 2. No one shall be deprived of his prop- erty except for public benefit which must be duly proven, when and as specified by statute and always following full compensation corre- sponding to the value of the expropriated prop- erty at the time of the court hearing on the provisional determination of compensation. In cases in which a request for the final determi- nation of compensation is made, the value at the time of the court hearing of the request shall be considered.
If the court hearing for the final determina- tion of compensation takes place after one year has elapsed from the court hearing for the pro- visional determination, then, for the determina- tion of the compensation the value at the time of the court hearing for the final determination shall be taken into account. In the decision declaring an expropriation, specific justification must be made of the possibility to cover the compensation expenditure. Provided that the
32
beneficiary consents thereto, the compensation may be also paid in kind, especially in the form of granting ownership over other property or of granting rights over other property.
3. Any change in the value of expropriated property occurring after publication of the act of expropriation and resulting exclusively there from shall not be taken into account.
** 4. Compensation is determined by the competent courts. Such compensation may also be determined provisionally by the court after hearing or summoning the beneficiary, who may be obliged, at the discretion of the court, to furnish a commensurate guarantee in order to collect the compensation, as provided by the law. Notwithstanding article 94, a law may pro- vide for the establishment of a uniform juris- diction, for all disputes and cases relating to expropriation, as well as for conducting the rel- evant trials as a matter of priority. The manner in which pending trials are continued, may be regulated by the same law.
Prior to payment of the final or provisional compensation, all rights of the owner shall remain intact and occupation of the property shall not be allowed.
In order for works of a general importance for the economy of the country to be carried out, it is possible that, by special decision of the court which is competent for the final or the provisional determination of the compensa- tion, the execution of works even prior to the determination and payment of the compensa- tion is allowed, provided that a reasonable part of the compensation is paid and that full guar- antee is provided in favour of the beneficiary of the compensation, as provided by law. The
33
second period of the first section applies accord- ingly also to these cases.
Compensation in the amount determined by the court must in all cases be paid within one and one half years at the latest from the date of publication of the decision regarding provi- sional determination of compensation payable, and in cases of a direct request for the final determination of compensation, from the date of publication of the court ruling, otherwise the expropriation shall be revoked ipso jure.
The compensation as such is exempt from any taxes, deductions or fees.
5. The cases in which compulsory compen- sation shall be paid to the beneficiaries for lost income from expropriated property until the time of payment of the compensation shall be specified by law.
6. In the case of execution of works serving the public benefit or being of a general impor- tance to the economy of the country, a law may allow the expropriation in favour of the State of wider zones beyond the areas necessary for the execution of the works. The said law shall specify the conditions and terms of such expro- priation, as well as the matters pertaining to the disposal for public or public utility purpos- es in general, of areas expropriated in excess of those required.
7. The digging of underground tunnels at the appropriate depth without compensation, may be allowed by law for the execution of works 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-
34
tion of the property situated above shall not be hindered.
Article 18
1. The ownership and disposal of mines, quarries, caves, archaeological sites and treas- ures, mineral, running and underground waters and underground resources in general, shall be regulated by special laws.
2. The ownership, exploitation and adminis- tration of lagoons and large lakes, as well as the general disposal of areas resulting from the draining of such, shall be regulated by law.
3. Requisitions of property for the needs of the armed forces in case of war or mobilization, or for the purpose of facing an immediate social emergency that may endanger public order or health, shall be regulated by special laws.
4. The redistribution of agricultural areas for the purpose of exploiting the land more profitably, as well as the adoption of measures to prevent excessive parcelling or to facilitate restructuring 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 the preceding paragraphs, the law may provide for other necessary deprivations of the free use and enjoyment of property, owing to special cir- cumstances. The law shall specify the obligor and the procedure of payment to the person entitled 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 this paragraph shall be lifted as soon as the special reasons that necessitated them cease to exist.
35
In case of undue prolongation of the measures, the Supreme Administrative Court shall decide on their revocation, by categories of cases, upon recourse by any person having a legitimate interest.
6. A law may regulate the disposal of aban- doned lands for the purpose of revalorising them to the benefit of the national economy and the rehabilitation of destitute farmers. The same law shall provide for the matters of partial or full compensation of owners, in case of their reappearance within a reasonable time limit.
7. Compulsory joint ownership of adjoining properties in urban areas may be introduced by law, if independent rebuilding on the said prop- erties or some of them does not conform with the applicable or prospective building regula- tions in the area.
8. Farmlands belonging to the Patriarchal Monasteries of Aghia Anastasia Pharmacolytria in Chalkidiki, of Vlatadhes in Thessaloniki and Ioannis the Evangelist Theologos in Patmos, with the exception of the dependencies thereof, cannot be subject to expropriation. Likewise the property in Greece of the Patriarchates of Alexandria, Antiocheia and Jerusalem and that of the Holy Monastery of Mount Sinai cannot be subject to expropriation.
Article 19
1. Secrecy of letters and all other forms of free correspondence or communication shall be absolutely inviolable. The guaranties under which the judicial authority shall not be bound by this secrecy for reasons of national security or for the purpose of investigating especially serious crimes, shall be specified by law.
36
** 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 violation of the present article and of articles 9 and 9A is prohibited.
Article 20
1. Every person shall be entitled to receive legal protection by the courts and may plead before them his views concerning his rights or interests, as specified by law.
2. The right of a person to a prior hearing also applies in any administrative action or measure adopted at the expense of his rights or interests.
Article 21
1. The family, being the cornerstone of the preservation 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 war and peace-time veterans, war victims, widows and orphans, as well as persons suffering from incurable bodily or mental ailments are entitled to the special care of the State.
3. The State shall care for the health of cit- izens and shall adopt special measures for the protection of youth, old age, disability and for the 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-
37
graphic policy, as well as taking of all necessary measures, is an obligation of the State.
** 6. People with disabilities have the right to benefit from measures ensuring their self- sufficiency, professional integration and partici- pation in the social, economic and political life of the Country.
** Article 22
1. Work constitutes a right and shall enjoy the protection of the State, which shall care for the creation of conditions of employment for all 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 work of equal value.
2. General working conditions shall be deter- mined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration.
3. The matters relating to the conclusion of collective labour agreements by civil servants and the servants of local government agencies or of other public law legal persons, shall be specified by law.
4. Any form of compulsory work is pro- hibited.
Special laws shall determine the requisition of personal services in case of war or mobiliza- tion or to face defence needs of the country or urgent social emergencies resulting from disas- ters or liable to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs.
38
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 the agent obliged to collect and return to trade unions membership fees specified in their respective by-laws.
Article 23
1. The State shall adopt due measures sa-
feguarding the freedom to unionise and the
unhindered exercise of related rights against
any infringement thereon within the limits of
the law.
2. Strike constitutes a right to be exercised
by lawfully established trade unions in order to
protect 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 and
those serving in the security corps. The right to
strike shall be subject to the specific limitations
of the law regulating this right in the case of
public servants and employees of local gove-
rnment agencies and of public law legal per-
sons as well as in the case of the employees of
all types of enterprises of a public nature or of
public benefit, the operation of which is of vital
importance in serving the basic needs of the
society as a whole. These limitations may not
be carried to the point of abolishing the right to
strike or hindering the lawful exercise thereof.
39
Article 24
** 1. The protection of the natural and cul- tural environment constitutes a duty of the State and a right of every person. The State is bound to adopt special preventive or repressive meas- ures for the preservation of the environment in the context of the principle of sustainable devel- opment. Matters pertaining to the protection of forests and forest expanses in general shall be regulated by law. The compilation of a for- est registry constitutes an obligation of the State. Alteration of the use of forests and forest expanses is prohibited, except where agricultur- al development or other uses imposed for the public interest prevail for the benefit of the national economy.
** 2. The master plan of the country, and the arrangement, development, urbanisation and expansion of towns and residential areas in gen- eral, shall be under the regulatory authority and the control of the State, in the aim of serv- ing the functionality and the development of settlements and of securing the best possible living conditions.
The relevant technical choices and consider- ations are conducted according to the rules of science. The compilation of a national cadastre constitutes an obligation of the State.
3. For the purpose of designating an area as residential and of activating its urbanisation, properties included therein must participate, without compensation from the respective agen- cies, in the disposal of land necessary for the construction of roads, squares and public utili- ty areas in general, and contribute toward the expenses for the execution of the basic public urban works, as specified by law.
40
4. The law may provide for the participation of property owners of an area designated as residential in the development and general accommodation of that area, on the basis of an approved town plan, in exchange for real estate or apartments of equal value in the parts of such areas that shall finally be designated as suitable for construction or in buildings of the same area.
5. The provisions of the preceding para- graphs shall also be applicable in the rehabili- tation of existing residential areas. Spaces remaining free after rehabilitation shall be allot- ted to the creation of common utility areas or shall be sold to cover expenses incurred for the rehabilitation, 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 of private ownership deemed necessary for pro- tection thereof, as well as for the manner and the kind of compensation payable to owners.
** Interpretative clause: By forest or forest ecosystem is meant the
organic whole of wild plants with woody trunk on the necessary area of ground which, together with the flora and fauna co-existing there, con- stitute, by means of their mutual interdependence and interaction, a particular biocoenosis (forest biocoenosis) and a particular natural environ- ment (forest-derived). A forest expanse exists when the wild woody vegetation, either high or shrub- bery, is sparse.
Article 25
** 1. The rights of the human being as an
41
individual and as a member of the society and the principle of the welfare state rule of law are guaranteed by the State. All agents of the State shall be obliged to ensure the unhindered and effective exercise thereof. These rights also apply to the relations between individuals to which they are appropriate. Restrictions of any kind which, according to the Constitution, may be imposed upon these rights, should be pro- vided either directly by the Constitution or by statute, should a reservation exist in the latter’s favour, and should respect the principle of pro- portionality.
2. The recognition and protection of the fundamental and inalienable rights of man by the State aims at the achievement of social progress in 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 national solidarity.
P A R T T H R E E Organization and Functions
of the State
SECTION I Structure of the State
Article 26
1. The legislative powers shall be exercised by the Parliament and the President of the Republic.
42
2. The executive powers shall be exercised by the President of the Republic and the Gov- ernment.
3. The judicial powers shall be exercised by courts of law, the decisions of which shall be executed 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 an absolute majority of the total number of Mem- bers of Parliament.
2. Foreign military forces are not acceptable on Greek territory, nor may they remain in or traverse it, except as provided by law passed by an absolute majority of the total number of Members of Parliament.
Article 28
1. The generally recognised rules of interna- tional law, as well as international conventions as of the time they are ratified by statute and become operative according to their respective conditions, 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 shall be applicable to aliens only under the condi- tion of reciprocity.
2. Authorities provided by the Constitution may by treaty or agreement be vested in agen- cies of international organizations, when this serves an important national interest and pro- motes cooperation with other States. A major- ity of three-fifths of the total number of Mem-
43
bers of Parliament shall be necessary to vote the law ratifying the treaty or agreement.
3. Greece shall freely proceed by law passed by an absolute majority of the total number of Members of Parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foun- dations of democratic government and is effect- ed on the basis of the principles of equality and under the condition of reciprocity.
** Interpretative clause: Article 28 constitutes the foundation for the
participation of the Country in the European integration process.
Article 29
1. Greek citizens possessing the right to vote may freely found and join political parties, the organization and activity of which must serve the free functioning of democratic government.
Citizens who have not yet acquired the right to vote may participate in youth sections of parties.
** 2. Political parties are entitled to receive financial support by the State for their elec- toral and operating expenses, as specified by law. A statute shall specify the guarantees of transparency concerning electoral expenses and, in general, the financial management of politi- cal parties, of Members of Parliament, parlia- mentary candidates and candidates for all degrees of local government. A statute shall impose the maximum limit of electoral expens- es, may prohibit certain forms of pre-electoral promotion and shall specify the conditions under
44
which violation of the relevant provisions con- stitutes a ground for the forfeiture of parlia- mentary office on the initiative of the special body of the following section. The audit of the electoral 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 judicial functionaries, as specified by law. A law may also extend these regulations to candidates for other offices held through election.
** 3. Manifestations of any nature whatso- ever in favour of or against a political party by judicial functionaries and by those serving in the armed forces and the security corps, are absolutely prohibited. In the exercise of their duties, manifestations of any nature whatsoever in favour of or against a political party by pub- lic servants, employees of local government agencies, of other public law legal persons or of public enterprises or of enterprises of local government agencies or of enterprises whose management is directly or indirectly appointed by the State, by administrative act or by virtue of its capacity as shareholder, are absolutely prohibited.
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
45
Republic. He shall be elected by Parliament for a term of five years, as specified in articles 32 and 33.
2. The office of the President shall be incom- patible with any other office, position or func- tion.
3. The presidential tenure commences upon the swearing-in of the President.
4. In case of war, the presidential tenure shall 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 a person who is a Greek citizen for at least five years, is of Greek descent from the father’s or mother’s line, has attained the age of forty and has the capacity to vote.
Article 32
* 1. The President of the Republic shall be elected by the Parliament through vote by roll call in a special sitting called for this purpose by the Speaker at least one month before the expiration 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 well as in case of his resignation, demise, or removal from office in accordance with the provisions of the Constitution, the sitting of Parliament in order to elect a new President is called within ten days at the latest from the premature ter-
46
mination of the tenure of office by the previ- ous President.
2. In all cases, the election of a President shall 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 the required majority, the ballot shall once more be repeated after five days; the person receiv- ing a three-fifths majority of the total number of Members of Parliament shall be elected Pres- ident of the Republic.
* 4. Should the third ballot fail to produce the said qualified majority, Parliament shall be dissolved within ten days of the ballot, and elec- tions for a new Parliament shall be called.
As soon as the Parliament thus elected shall have 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 majority of the total number of Members of Parliament.
Should the said majority not be attained, the ballot shall be repeated within five days and the person receiving an absolute majority of the votes of the total number of Members of Parliament shall be elected President of the Republic. Should this majority also not be attained, the ballot shall once more be repeat- ed after five days between the two persons with the highest number of votes, and the person receiving a relative majority shall be deemed elected President of the Republic.
5. Should the Parliament be absent, a spe- cial session shall be convoked to elect the
47
President of the Republic, as specified in para- graph 4.
If the Parliament has been dissolved in any way whatsoever, the election of the President of the Republic shall be postponed until the new Parliament shall have constituted itself as a body and within twenty days at the latest thereof, as specified in paragraphs 3 and 4 and in adherence with the provisions of paragraph 1 of article 34.
6. Should the procedure specified under the preceding paragraphs for the election of a new President not be completed on time, the incum- bent President of the Republic shall continue to discharge his duties even after his term of office has expired, until a new President of the Republic is elected.
Interpretative clause: A President of the Republic who has resigned
prior to the expiration of his tenure may not be a candidate in the elections resulting from his resignation.
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 his election.
2. Before assuming the exercise of his duties, the President of the Republic shall take the following oath before Parliament:
«I do swear in the name of the Holy and Consubstantial and Indivisible Trinity to safe- guard the Constitution and the laws, to care for the faithful observance thereof, to defend
48
the national independence and territorial integrity of the Country, to protect the rights and liberties of the Greeks and to serve the general interest and the progress of the Greek People».
3. A statute shall provide for the civil list of the President of the Republic and the func- tioning of services necessary for the discharge of his duties.
Article 34
1. Should the President of the Republic be absent abroad for more than ten days, or be deceased or resign or be removed from office or be incapable on any ground for the discharge of his duties, he shall be temporarily replaced by the Speaker of the Parliament; or if there is no Parliament, by the Speaker of the preceding Parliament and, should the latter refuse or not exist, by the Cabinet collectively.
During the term of replacement of the Pres- ident, the provisions concerning the dissolution of Parliament, except in the case specified in article 32 paragraph 4, as well as the provisions relating to the dismissal of the Cabinet and recourse to a referendum as specified in article 38 paragraph 2 and article 44 paragraph 2, shall not be applicable.
2. Should the incapacity of the President of the Republic to discharge his duties be pro- longed for a period exceeding thirty days, the Parliament is mandatorily convoked even if it has been dissolved, for the purpose of deciding, by a three-fifths majority of the total number of its members, if the situation calls for the election of a new President. In no case howev- er may the election of a new President of the
49
Republic be delayed for more than six months from the commencement of his replacement due 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 has been countersigned by the competent Minister who, by his signature alone shall be rendered responsible, and unless it has been published in the Government Gazette.
If the Cabinet has been relieved of its duties as provided by article 38 paragraph 1, and the Prime Minister fails to countersign the relative decree, this shall be signed by the President of the Republic alone.
* 2. By exception, the following acts shall not require countersignature:
a) The appointment of the Prime Minister, b) The assignment of an exploratory man-
date in accordance with article 37, paragraphs 2, 3 and 4,
c) The dissolution of the Parliament in accordance with articles 32 paragraph 4, and 41 paragraph 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 Bill or law proposal in accordance with article 42 paragraph 1,
e) The staff appointments to the admi- nistrative services of the Presidency of the Republic.
50
* 3. The decree to proclaim a referendum on a Bill, as provided by article 44 paragraph 2, shall be countersigned by the Speaker of the Parliament.
Article 36
1. The President of the Republic, complying absolutely with the provisions of article 35 pa- ragraph 1, shall represent the State inter- nationally, declare war, conclude treaties of peace, alliance, economic cooperation and par- ticipation in international organizations or unions and he shall announce them to the Par- liament with the necessary clarifications, when- ever the interest and the security of the State thus allow.
2. Conventions on trade, taxation, economic cooperation and participation in international organizations or unions and all others contain- ing concessions for which, according to other provisions of this Constitution, no provision can be made without a statute or which may bur- den the Greeks individually, shall not be oper- ative without ratification by a statute voted by the Parliament.
3. Secret articles of a treaty may in no case reverse the open ones.
4. The ratification of international treaties may not be the object of delegation of legisla- tive power as specified in article 43 paragraphs 2 and 4.
Article 37
1. The President of the Republic shall appoint the Prime Minister and on his recom- mendation shall appoint and dismiss the other
51
members of the Cabinet and the Undersecre- taries.
* 2. The leader of the party having the absolute majority of seats in Parliament shall be appointed Prime Minister. If no party has the absolute majority, the President of the Republic shall give the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a Government enjoying the confidence of the Par- liament.
* 3. If this possibility cannot be ascertained, the President of the Republic shall give the exploratory mandate to the leader of the sec- ond largest party in Parliament, and if this proves to be unsuccessful, to the leader of the third largest party in Parliament. Each exploratory mandate shall be in force for three days. If all exploratory mandates prove to be unsuccessful, the President of the Republic sum- mons all party leaders, and if the impossibility to form a Cabinet enjoying the confidence of the Parliament is confirmed, he shall attempt to form a Cabinet composed of all parties in Parliament for the purpose of holding parlia- mentary elections. If this fails, he shall entrust the President of the Supreme Administrative Court or of the Supreme Civil and Criminal Court or of the Court of Audit to form a Cab- inet as widely accepted as possible to carry out elections and dissolves Parliament.
* 4. In cases that a mandate to form a Cab- inet or an exploratory mandate is given in accor- dance with the aforementioned paragraphs, if the party has no leader or party spokesman, or if the leader or party spokesman has not been elected to Parliament, the President of the
52
Republic shall give the mandate to a person proposed by the party’s parliamentary group. The proposal for the assignment of a mandate must occur within three days of the Speaker’s or his Deputy’s communication to the Presi- dent of the Republic about the number of seats possessed by each party in Parliament; the afore- said communication must take place before any mandate is given.
*Interpretative clause: As far as exploratory mandates are concerned,
when parties have an equal number of seats in Parliament, the one having acquired more votes at the elections, precedes the other. A recently formed party with a parliamentary group, as provided by the Standing Orders of Parliament, follows an older one with an equal number of seats. In both these instances, exploratory man- dates cannot be given to more than four parties.
Article 38
* 1. The President of the Republic shall relieve 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 of article 37 are analogously applied.
If the Prime Minister of the resigned Cabi- net is also the leader or party spokesman of the party with an absolute majority of the total number of Members in Parliament, then the provision of article 37 paragraph 3, section c is analogously applied.
** 2. Should the Prime Minister resign, be deceased or be unable to discharge his duties due to reasons of health, the President of the
53
Republic shall appoint as Prime Minister the person proposed by the parliamentary group of the party to which the departing Prime Minis- ter belongs, provided that this has the absolute majority of the seats in Parliament. The pro- posal is made within three days at the latest from the resignation or demise of the Prime Minister or from the ascertainment of his inabil- ity to discharge his duties. In case no political party has the absolute majority of the seats in Parliament, paragraph 4 is analogously applied, followed by the second section of paragraph 2 and by paragraph 3 of the preceding article.
The inability of the Prime Minister to dis- charge his duties due to reasons of health is ascertained by the Parliament by virtue of a special 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 absolute majority of the seats in Parliament. In every other case, the proposal is submitted by at least two fifths of the total number of Members of Parliament.
Until the appointment of the new Prime Minister, the duties of the Prime Minister are exercised by the first in order Deputy Prime Minister and, in case no Deputy Prime Minis- ters have been appointed, by the first in order Minister.
*Interpretative clause: The provision of paragraph 2 is also applied
in the case of replacement of the President of the Republic, as provided in article 34.
54
Article 39
* [Repealed by the 1986 Amendment]
Article 40
1. The President of the Republic shall con- voke Parliament to a regular session once a year as specified in article 64 paragraph 1 and to an extraordinary session whenever he shall judge this to be reasonable, and he shall pro- claim the commencement and termination of each parliamentary term in person or through the Prime Minister.
2. The President of the Republic may sus- pend a parliamentary session only once, either by postponing its commencement or by adjourn- ing it.
3. Suspension of a session may not be extend- ed beyond a period of thirty days, nor may such suspension be repeated during the same ses- sion without the consent of Parliament itself.
Article 41
*1. The President of the Republic may dis- solve the Parliament when two Governments have resigned or have been voted down by Par- liament and its composition fails to guarantee governmental stability. Elections are held by the Government enjoying the confidence of the dissolving Parliament. In all other cases the third section of paragraph 3 of article 37 is analogously applied.
*2. The President of the Republic shall dis- solve the Parliament on the proposal of the Cabinet which has received a vote of confi- dence, for the purpose of renewing the popular mandate, in view of dealing with a national
55
issue of exceptional importance. Dissolution of the new Parliament for the same issue is pre- cluded.
3. The decree concerning the dissolution of the Parliament, countersigned in the case of the preceding paragraph by the Cabinet, must contain 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 its opening session except in those cases described in article 37 paragraph 3 and paragraph 1 of the present article.
5. The dissolution of the Parliament shall be compulsory in the case specified in article 32 paragraph 4.
*Interpretative clause: In all cases and without any exception, the
decree concerning the dissolution of Parliament must contain a proclamation of elections to be held within thirty days and the convocation of the new Parliament within thirty days of the elections.
Article 42
* 1. The President of the Republic shall promulgate and publish the statutes passed by the Parliament within one month of the vote. The President of the Republic may, within the time-limit provided for in the preceding sen- tence, send back a Bill passed by Parliament, stating his reasons for this return.
* 2. A Bill sent back to Parliament by the
56
President of the Republic shall be introduced to the Plenum and, if it is passed again by an absolute 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 by the 1986 Amendment].
Article 43
1. The President of the Republic shall issue the decrees necessary for the execution of statutes; he may never suspend the application of laws nor exempt anyone from their execution.
2. The issuance of general regulatory decrees, by virtue of special delegation granted by statute and within the limits of such delegation, shall be permitted on the proposal of the competent Minister. Delegation for the purpose of issuing regulatory acts by other administrative organs shall be permitted in cases concerning the reg- ulation of more specific matters or matters of local interest or of a technical and detailed nature.
* 3. [Paragraph 3 repealed by the 1986 Amendment].
4. By virtue of statutes passed by the Plenum of the Parliament, delegation may be given for the issuance of general regulatory decrees for the regulation of matters specified by such statutes in a broad framework. These statutes shall set out the general principles and direc- tives of the regulation to be followed and shall set time-limits within which the delegation must be used.
5. Matters which, as specified in article 72
57
paragraph 1, belong to the competence of the plenary session of the Parliament, cannot be the object of delegation as specified in the pre- ceding paragraph.
Article 44
1. Under extraordinary circumstances of an urgent and unforeseeable need, the President of the Republic may, upon the proposal of the Cabinet, issue acts of legislative content. Such acts shall be submitted to Parliament for ratifi- cation, as specified in the provisions of article 72 paragraph 1, within forty days of their issuance or within forty days from the convoca- tion of a parliamentary session. Should such acts not be submitted to Parliament within the above time-limits or if they should not be rati- fied by Parliament within three months of their submission, they will henceforth cease to be in force.
* 2. The President of the Republic shall by decree proclaim a referendum on crucial nation- al matters following a resolution voted by an absolute majority of the total number of Mem- bers of Parliament, taken upon proposal of the Cabinet.
A referendum on Bills passed by Parliament regulating important social matters, with the exception of the fiscal ones shall be proclaimed by decree by the President of the Republic, if this 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, and as the Standing Orders and the law for the application of the present paragraph provide. No more than two proposals to hold a referen-
58
dum on a Bill can be introduced in the same parliamentary term.
Should a Bill be voted, the time-limit stated in article 42 paragraph 1 begins the day the referendum is held.
* 3. The President of the Republic may under exceptional circumstances address mes- sages to the People with the consent opinion of the Prime Minister. Those messages should be countersigned 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 by the Government, as specified by law. The Pres- ident shall also confer ranks on those serving therein, as specified by law.
Article 46
1. The President of the Republic shall appoint and dismiss public servants, in ac- cordance with the law, except in cases specified by law.
2. The President of the Republic shall con- fer the established decorations in accordance with the provisions of the relevant law.
Article 47
1. The President of the Republic shall have the right, pursuant to a recommendation by the Minister of Justice and after consulting with a council composed in its majority of judges, to grant pardons, to commute or reduce sentences pronounced by the courts, and to revoke all
59
consequences at law of sentences pronounced and served.
2. The President of the Republic shall have the right to grant pardon to a Minister con- victed as provided in article 86, only with the consent of Parliament.
* 3. Amnesty may be granted only for polit- ical crimes, by statute passed by the Plenum of the Parliament with a majority of three-fifths of the total number of members.
4. Amnesty for common crimes may not be granted even by law.
Article 48
* 1. In case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of an armed coup aiming to overthrow the democratic regime, the Parliament, issuing a resolution upon a proposal of the Cabinet, puts into effect throughout the State, or in parts thereof the statute on the state of siege, establishes extraor- dinary courts and suspends the force of the provisions 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 whole or in part. The President of the Republic pub- lishes the resolution of Parliament.
The resolution of Parliament determines the duration of the effect of the imposed measures, which cannot exceed fifteen days.
* 2. If the Parliament is absent or if it is objectively impossible that it be convoked in time, the measures mentioned in the preceding paragraph are taken by presidential decree issued on the proposal of the Cabinet. The Cab- inet shall submit the decree to Parliament for
60
approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than fifteen days.
* 3. The duration of the measures men- tioned in the preceding paragraphs may be extended every fifteen days, only upon resolu- tion passed by the Parliament which must be convoked regardless of whether its term has ended or whether it has been dissolved.
* 4. The measures specified in the preced- ing paragraphs are lifted ipso jure with the expi- ration of the time-limits specified in paragraphs 1, 2 and 3, provided that they are not extend- ed by a resolution of Parliament, and in any case with the termination of war if this was the reason of their imposition.
* 5. From the time that the measures referred to in the previous paragraphs come into effect, the President of the Republic may, following a proposal of the Cabinet, issue acts of legislative content to meet emergencies, or to restore as soon 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 not be submitted to Parliament within the above- mentioned time-limit, or not be approved by it within fifteen days of their submission, they cease henceforth to be in force. The statute on the state of siege may not be amended during its enforcement.
* 6. The resolutions of Parliament referred to in paragraphs 2 and 3 shall be adopted by a majority of the total number of members, and the resolution mentioned in paragraph 1 by a
61
three-fifths majority of the total number of members. Parliament must decide these mat- ters in only one sitting.
* 7. Throughout the duration of the appli- cation of the measures of the state of emer- gency taken in accordance with the present arti- cle, the provisions of articles 61 and 62 of the Constitution shall apply ipso jure regardless of whether Parliament has been dissolved or its term has ended.
CHAPTER THREE Special Liabilities of the President
of the Republic
Article 49
1. The President of the Republic shall in no case be held liable for acts performed in the discharge of his duties, except only for high treason or intentional violation of the Constitu- tion. For acts not related to the discharge of his duties, prosecution shall be suspended until the expiration of the presidential term.
2. A proposal to bring charges against and impeach the President of the Republic shall be submitted to Parliament signed by at least one- third of its members and shall require for its adoption a resolution by two-thirds majority of the total number of its members.
3. If the proposal is adopted, the President of the Republic shall be arraigned before the court specified in article 86, the provisions of which shall be accordingly applicable in this case.
4. As of his arraignment, the President of the Republic shall abstain from the discharge of his duties, and shall be replaced as specified
62
in article 34. He shall resume his duties if his term has not expired, as of the issuance of his acquittal by the court specified in article 86.
5. The implementation of the provisions of the present article shall be provided by law enacted by the Parliament in a plenary session.
Article 50
The President of the Republic shall have no powers other than those explicitly conferred upon 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 three hundred.
2. The Members of Parliament represent the Nation.
3. The Members of Parliament shall be elect- ed through direct, universal and secret ballot by the citizens who have the right to vote, as specified by law. The law cannot abridge the right to vote except in cases where a minimum age has not been attained or in cases of legal incapacity or as a result of irrevocable criminal conviction for certain felonies.
63
** 4. Parliamentary elections shall be held simultaneously throughout the Country. Matters pertaining to the exercise of the right to vote by persons living outside the Country may be specified by statute, adopted by a majority of two thirds of the total number of Members of Parliament. Concerning such persons, the prin- ciple of simultaneously holding elections does not impede the exercise of their right to vote by postal vote or by other appropriate means, provided that the counting of votes and the announcement of the results is carried out when this is also carried out across the Country.
** 5. The exercise of the right to vote is compulsory.
Article 52
The free and unfalsified expression of the popular will as an expression of popular sover- eignty, shall be guaranteed by all State officers, who shall be obliged to ensure such under all circumstances. Criminal sanctions for violations of 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 decree countersigned by the Cabinet, general parlia- mentary elections to be held within thirty days and the convocation of the new Parliament in regular session within another thirty days.
2. A parliamentary seat that has become vacant during the last year of a parliamen-
64
tary term shall not be filled by a by-election, where such is required by law, as long as the number of vacant seats does not exceed one- fifth of the total number of the Members of Parliament.
3. In case of war, the parliamentary term shall be extended for the entire duration there- of. If Parliament has been dissolved, elections shall be postponed until the termination of the war and the Parliament dissolved shall be recalled 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 immediately following ones, unless an explicit provision, adopted by a majority of two thirds of the total number of Members of Parliament, provides for its immediate application as of the immedi- ately following elections.
** 2. The number of Members of Parlia- ment elected in each constituency is specified by presidential decree on the basis of the legal population thereof, deriving, according to the latest census, from the persons registered in the relevant municipal rolls, as specified by law.
The results of the census are considered to have been published on the basis of the data of the competent service, after one year has elapsed from the last day on which the census was con- ducted.
3. Part of the Parliament, comprising not more than the one twentieth of the total num- ber of its members, may be elected throughout the Country at large in proportion to the total
65
electoral strength of each party throughout the Country, as specified by law.
CHAPTER TWO Disqualifications and Incompatibilities
for Members of Parliament
Article 55
1. To be elected as Member of Parliament, one must be a Greek citizen, have the legal capacity to vote and have attained the age of twenty-five years on the day of the election.
2. A Member of Parliament deprived of any of 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 the boards of directors or managing or executive directors of public law legal persons or of state- controlled legal entities of private law or of public 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 be elected to Parliament if they do not resign pri- or to their nomination as candidates. Resigna- tion is effective merely upon being submitted in writing. Militaries who have resigned are
66
barred from returning to active service. Higher elected single-person organs of local govern- ment agencies of the second degree, may not stand for election nor be elected to Parliament throughout the term for which they have been elected, 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 of professor shall be suspended for the duration of the parliamentary term and the manner of replacement of professors elected to Parliament shall be specified by law.
** 3. The following persons may not stand for election nor be elected to Parliament in the electoral district where they served or in any constituency to which their local powers extend- ed during the last eighteen months of the four- year parliamentary term:
a) Governors, deputy governors, chairmen of the boards of directors, managing and exec- utive directors of public law legal persons, with the exception of associations, of state-owned private law legal persons and of public enter- prises or of enterprises whose management the State appoints directly or indirectly by adminis- trative act or by virtue of its capacity as share- holder.
b) Members of independent authorities which 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 the armed forces and the security corps.
d) Salaried servants of the State, of local government agencies and their enterprises, as
67
well as of the legal entities and enterprises falling under case (a) who held the post of head of an organic unit at the level of a directorate or a corresponding post, as specifically provid- ed by law. Servants mentioned in the preceding section who exercise a larger local power are subject to the restrictions of this paragraph con- cerning constituencies other than those of their seat, only in case they were holding a post of head of unit at the level of general directorate or another corresponding level, as specifically provided by statute.
e) General or special Secretaries of min- istries or of autonomous secretariats, general or regional administrations and all persons that the law equalises with these.
Persons nominated for State Deputies shall not be subject to the restrictions of this para- graph.
4. Civil servants and militaries, generally, having undertaken an obligation by law to remain in service for a certain period of time, may not stand for election nor be elected to Parliament while their obligation is in force.
** Article 57
1. The duties of Member of Parliament are incompatible with the job or the capacity of owner or partner or shareholder or governor or administrator or member of the board of directors or general manager or a deputy there- of, of an enterprise that:
a) Undertakes Public works or studies or procurements or the provision of services to the State or concludes with the State similar contracts of a developmental or investment nature.
68
b) Enjoys special privileges. c) Owns or manages a radio or television
station or publishes a newspaper of country- wide circulation in Greece.
d) Exercises by concession a public service or a public enterprise or a public utility enter- prise.
e) Rents for commercial purposes real estate owned by the State.
For the purposes of the application of this paragraph, local government agencies, other public law legal persons, state-owned private law legal persons, public enterprises, enterpris- es of local government agencies and other enter- prises whose management the State appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder, are equat- ed to the State. A shareholder of an enterprise falling within the restrictions of this paragraph is every person possessing a percentage of more than one percent of its share capital.
The duties of Member of Parliament are also incompatible with the exercise of any pro- fession. Activities compatible with parliamentary office, as well as matters relating to social secu- rity and pension issues, and to the manner in which Members of Parliament return to their profession after they lose the capacity of Mem- ber of Parliament, shall be specified by statute. Under no circumstances may the activities of the previous section include the capacity of employee or legal or other advisor of an enterprise falling under cases (a) to (d) of this paragraph.
Violation of the provisions of the present paragraph shall result in the forfeiture from
69
parliamentary office and in the nullity of the
related contracts or acts, as specified by law.
2. Members of Parliament falling within the
provisions of the first section of the preceding
paragraph must, within eight days from the day
on which their election becomes final, select
between their parliamentary office and the
above stated job or capacities. Should they fail
to make the said statement within the above
deadline, they shall forfeit their parliamentary
office ipso jure.
3. Members of Parliament who accept any
of the capacities or activities mentioned in this
or in the preceding article and which are char-
acterised as impediments to run for Par-
liament or as being incompatible with holding
parliamentary office, shall forfeit that office
ipso jure.
4. The manner of continuation or transfer
or dissolution of contracts mentioned in para-
graph 1 and undertaken by a Member of Par-
liament or by an enterprise to which he partic-
ipated before his election, or undertaken in a
capacity incompatible with his office, shall be
specified by law.
Article 58
The hearing of objections raised against the
validity of parliamentary elections and their ver-
ification concerning either electoral violations
related to the conduct of the elections, or the
lack of legal qualifications, is assigned to the
Supreme Special Court of article 100.
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CHAPTER THREE Duties and Rights of Members
of Parliament
Article 59
1. Before undertaking the discharge of their duties, Members of Parliament shall take the following oath in the Chamber and in a public sitting.
«I swear in the name of the Holy Consubsta- ntial and Indivisible Trinity to keep faith in my Country and in the democratic form of govern- ment, obedience to the Constitution and the laws and to discharge conscientiously my duties».
2. Members of Parliament who are of a dif- ferent religion or creed shall take the same 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 the oath 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 office is a right of the Member of Parliament and is effectuated 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 be prosecuted or in any way interrogated for an
71
opinion expressed or a vote cast by him in the discharge of his parliamentary duties.
2. A Member of Parliament may be prose- cuted only for libel, according to the law, after leave has been granted by Parliament. The Court of Appeals shall be competent to hear the case. Such leave is deemed to be conclusively denied if Parliament does not decide within forty-five days from the date the charges have been sub- mitted to the Speaker. In case of refusal to grant leave or if the time-limit lapses without action, no charge can be brought for the act committed by the Member of Parliament.
This paragraph shall be applicable as of the next parliamentary session.
3. A Member of Parliament shall not be liable to testify on information given to him or supplied by him in the course of the discharge of his duties, or on the persons who entrusted the information to him or to whom he supplied such information.
Article 62
During the parliamentary term the Mem- bers of Parliament shall not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament. Like- wise, a member of a dissolved Parliament shall not be prosecuted for political crimes during the period between the dissolution of Parlia- ment and the declaration of the election of the members of the new Parliament.
Leave shall be deemed not granted if Par- liament does not decide within three months of the date the request for prosecution by the pub- lic prosecutor was transmitted to the Speaker.
72
The three month limit is suspended during the Parliament’s recess.
No leave is required when Members of Par- liament are caught in the act of committing a felony.
Article 63
1. For the discharge of their duties, Mem- bers of Parliament shall be entitled to receive compensation and expenses from the State; the amount of both shall be determined by the Plenum of the Parliament.
2. Members of Parliament shall enjoy exemp- tion from transportation, postal and telephone charges, the extent of which shall be deter- mined by decision of the Parliament in plenary session.
3. In case of unjustified absence of a mem- ber for more than five sittings per month, one- thirtieth of his monthly compensation shall be withheld 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 October of each year in a regular session to conduct its annual business, unless convoked at an earlier date by the President of the Republic, in accor- dance with Article 40.
2. The duration of a regular session shall not be shorter than five months, not including the time of suspension specified in Article 40.
73
A regular session is compulsorily extended until the budget is authorized in accordance with article 79 or until the special law provid- ed in the same article is passed.
Article 65
1. Parliament shall determine the manner of its free and democratic operation by adopting its own Standing Orders; these shall be adopt- ed by the Plenum as specified in Article 76 and shall be published in the Government Gazette on the order of the Speaker.
2. Parliament shall elect from among its members the Speaker and the other members of the Presidium as provided by the Standing Orders.
3. The Speaker and Deputy Speakers shall be elected at the beginning of each parlia- mentary term. This provision shall not apply to the Speaker and Deputy Speakers elected by the first session of the Fifth Revisionary Par- liament.
On a recommendation by fifty Members the Parliament may reprimand the Speaker or a member 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 of opinion and expression of the Members of Par- liament and the maintenance of order. He is entitled to resort even to disciplinary measures against a member misbehaving as specified by the Standing Orders.
5. A scientific service to the Parliament may be established through the Standing Orders to assist Parliament in its legislative work.
74
6. The Standing Orders shall determine the organization of the services of the Parliament under the supervision of the Speaker; all mat- ters concerning its personnel shall likewise be regulated. Acts of the Speaker concerning the appointment and the professional status of the personnel of the Parliament shall be subject to recourse on points of act and points of law or petition for annulment lodged with the Supreme Administrative Court.
Article 66
1. The Parliament shall hold public sittings in the Chamber; however, upon the Govern- ment’s petition or upon the petition of fifteen Members of Parliament and pursuant to a majority decision reached in a closed meeting, the Parliament may deliberate behind closed doors. Thereafter Parliament shall resolve whether the debate on the same subject shall be repeated in an open sitting.
2. Ministers and Undersecretaries shall be free to attend the sittings of Parliament and shall be heard whenever they request the floor.
** 3. The Parliament and parliamentary committees may request the presence of Minis- ters or Undersecretaries when they discuss mat- ters for which they are competent. Parliamen- tary committees may invite any person they con- sider useful to their work, informing the com- petent Minister accordingly. Parliamentary com- mittees convene in public sittings, as specified by the Standing Orders; however, they may deliberate behind closed doors, following a request by the Government or by five Members of Parliament, if the majority so decides in a session behind closed doors. The parliamentary
75
committee then decides whether the discussion on the same subject should be held again in a public sitting.
Article 67
Parliament cannot resolve without an absolute majority of the members present, which in no case may be less than one-fourth of the total number of the Members of Parliament.
In the case of a tie vote, the vote shall be repeated; 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 of Parliament for the examination and processing 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 of the total number of members.
A parliamentary resolution adopted by an absolute 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 and operation of such committees shall be provided by the Standing Orders.
3. Parliamentary and investigation commit- tees, as well as Sections of Parliament specified in articles 70 and 71 shall be established in pro-
76
portion to the strength of parties, groups and independents, as specified by the Standing Orders.
Article 69
No person shall appear at his own initiative before the Parliament to make an oral or writ- ten report. Reports shall be presented through a member or shall be handed over to the Speak- er. Parliament shall have the right to forward any reports addressed thereto to the Ministers and Undersecretaries who shall be obliged to offer explanations when so requested.
Article 70
1. The Parliament shall conduct its legisla- tive business in Plenum.
** 2. The Standing Orders of the Parliament shall provide for the exercise of the legislative work specified therein, to may also be con- ducted by the standing parliamentary commit- tees which are established and function during the session, as specified by the Standing Orders and subject to the restrictions of article 72.
** 3. The Standing Orders of Parliament shall 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 Plenum and in Section pursuant to article 71, as well as for the functioning of the parliamentary com- mittees.
** 5. In order for the Section envisaged in article 71 and for the standing parliamentary
77
committees to decide when exercising their leg- islative work in accordance with paragraph 2 of the present article, a majority of no less than two fifths of the number of their members is required.
** 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 also by the Section envisaged in article 71, as well as by the standing parliamentary commit- tees established and functioning during the session.
** 7. The Standing Orders shall specify the manner in which Members of Parliament who are on a Parliament or a Government mission abroad shall participate in voting.
** 8. The Standing Orders of Parliament shall specify the manner in which the Parlia- ment is informed by the Government on issues being the object of regulation in the framework of the European Union, and debates on these.
Article 71
When Parliament is in recess, its legislative business, with the exception of statutes belong- ing to the competence of the Plenum as speci- fied in article 72, shall be conducted by a Sec- tion of Parliament, established and operating as specified in article 68 paragraph 3 and arti- cle 70.
The Standing Orders may provide for the examination of Bills by a Parliamentary Com- mittee composed of members of the same Section.
78
** Article 72
1. Parliament debates and votes in Plenum on its Standing Orders, on Bills and law pro- posals on the subjects of articles 3, 13, 27, 28 paragraphs 2 and 3, 29 paragraph 2, 33 para- graph 3, 48, 51, 54, 86, on Bills and proposals implementing the Constitution on the exercise and protection of individual rights, on Bills and law proposals on the authentic interpretation of the statutes as well as on every other matter referred to the Plenum by special provision of the Constitution or for the regulation of which a special majority is required.
The Parliament in Plenum shall also vote the budget and the financial statement of the State and of Parliament.
2. Debates and votes on all other Bills or law proposals may be carried out during the session by the competent standing parliamen- tary committee, pursuant to the provisions of article 70. They are also carried out by the Sec- tion established and functioning pursuant to article 71 during the period in which Parlia- ment is in recess, as specified by the Standing Orders.
3. The standing parliamentary committee assuming the voting of a Bill or law proposal may, by resolution adopted by the absolute majority of its members, refer any dispute over its competence to the Plenum. The resolution of the Plenum shall be binding on the com- mittees.
At least one week must intervene between submission of a Bill or law proposal and its debate in the standing parliamentary committee.
4. A Bill or law proposal debated and vot- ed in the competent standing parliamentary
79
committee is introduced in the Plenum in one session, as specified by the Standing Orders of the Parliament, and is debated and voted in principle, by article and as a whole. A Bill or law proposal voted in the committee by a major- ity of at least four fifths is debated and voted in the Plenum, as specified by the Standing Orders.
CHAPTER FIVE The legislative function of Parliament
Article 73
1. The right to introduce Bills belongs to the Parliament and the Government.
2. Bills pertaining in any way to the granti- ng of a pension and the prerequisites thereof shall be introduced only by the Minister of Finance after an opinion of the Court of Audit; in the case of pensions burdening on the budg- et of local government agencies or other pub- lic law legal persons, Bills shall be submitted by the competent Minister and the Minister of Finance. Pensions must be proposed by means of 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 be introduced for debate if it results in an expen- diture or a reduction of revenues or assets for the State or local government agencies or oth- er public law legal persons, for the purpose of paying a salary or pension or otherwise bene- fiting a person.
4. However, an amendment or addition intro-
80
duced by a party leader or a spokesman of a parliamentary group as specified in article 74 paragraph 3 shall be acceptable in the case of Bills concerning the organization of public serv- ices and agencies of public interest, the status of civil servants in general, military and securi- ty corps officers, employees of local govern- ment agencies or other public law legal persons and public enterprises in general.
5. Bills introducing local or special taxes or charges of any nature on behalf of agencies or, public or private law legal persons, must be countersigned by the Minister of Coordination and the Minister of Finance.
Article 74
1. Every Bill or law proposal must be ac- companied by an explanatory report; before it is introduced to the Plenum or to a Section of Parliament, it may be referred for legisla- tive elaboration to the scientific service defined in article 65 paragraph 5 as soon as this serv- ice is established, as specified by the Standing Orders.
2. Bills or law proposals tabled in Parlia- ment shall be referred to the appropriate par- liamentary committee. When the report has been submitted or when the time-limit for its submittal has elapsed inactively, the Bill shall be introduced for debate to Parliament after three days, unless it has been designated as urgent by the competent Minister. The debate shall begin following an oral introduction by the competent Minister and the rapporteurs of the committee.
3. Amendments submitted by Members of Parliament to Bills or law proposals for which
81
the Plenum or the Sections of Parliament are competent, shall not be introduced for debate if they have not been submitted up to and including the day prior to the commencement of the debate, unless the Government consents to such a debate.
4. A Bill or law proposal for the amend- ment of a provision of a statute shall not be introduced for debate if the accompanying explanatory report does not contain the full text of the provision to be amended and if the text of the Bill or law proposal does not contain the full text of the new provision as amended.
** 5. The provisions of paragraph 1 also apply for Bills or law proposals introduced for debate 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 not related to its main subject matter shall not be introduced for debate.
No addition or amendment shall be intro- duced for debate if it is not related to the main subject matter of the Bill or law proposal.
Additions or amendments by Ministers are debated only if they have been submitted at least three days prior to the commencement of the debate in the Plenum, to the Section spec- ified in article 71 or to the competent standing parliamentary committee, as specified by the Standing Orders.
The provisions of the two preceding sections shall also apply for additions or amendments submitted by Members of Parliament.
Parliament shall resolve in case of conte- station.
Members of Parliament not participating in
82
the competent standing parliamentary commit- tee or the Section specified in article 71, are entitled to take the floor during the debate in principle and in order to support law proposals and additions or amendments that they have submitted, as provided by the Standing Orders.
6. Once every month, on a day designated by the Standing Orders, pending law proposals shall be entered by priority in the order of the day and debated.
Article 75
1. Any Bill and law proposal which result in burdening the Budget, if submitted by Minis- ters, shall not be introduced for debate unless it is accompanied by a report of the General Accounting Office specifying the amount of the expenditure involved; if submitted by Members of Parliament, prior to any debate thereon it shall be forwarded to the General Accounting Office which shall be bound to submit a report within fifteen days. Should this time-limit elapse without action, the law proposal shall be intro- duced for debate without it.
2. The same shall apply for amendments, if so requested by the competent Ministers. In this case, the General Accounting Office shall be bound to submit its report to Parliament within three days; only if the report shall not be forthcoming within this time-limit may the amendment be debated without it.
3. A Bill resulting in expenditure or reduc- tion of revenues shall not be introduced for debate unless it is accompanied by a special report specifying the manner in which they will be covered, signed by the competent Minister and the Minister of Finance.
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Article 76
** 1. Every Bill and every law proposal shall 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 4 of article 72.
** 2. Voted Bills or law proposals that are sent back to Parliament pursuant to article 42 shall be debated and voted on by the Plenum of 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 and as a whole during the second.
** 3. If in the course of the debate, addi- tions or amendments have been accepted, vot- ing as a whole shall be postponed for twenty- four hours from distribution of the amended Bill or law proposal, with the exception of the cases provided under paragraph 4 of article 72.
** 4. A Bill or law proposal designated by the Government as very urgent shall be intro- duced for voting after a limited debate in one sitting, by the Plenum or by the Section of arti- cle 71, as provided by the Standing Orders of Parliament.
** 5. The Government may request that a Bill or law proposal of an urgent nature be debated in a specific number of sittings, as spec- ified by the Standing Orders of Parliament.
6. Judicial or administrative codes drafted by special committees established under special statutes may be voted through in the Plenum of the Parliament by a special statute ratifying the code as a whole.
7. Likewise, legislative provisions in force may be codified by simple classification, or repealed statutes may be reenacted as a
84
whole, with the exception of statutes concern- ing taxation.
Article 77
1. The authentic interpretation of the statutes shall rest with the legislative power.
2. A statute which is not truly interpretative shall enter into force only as of its publication.
CHAPTER SIX Tax and Fiscal Administration
Article 78
1. No tax shall be levied without a statute enacted by Parliament, specifying the subject of taxation and the income, the type of property, the expenses and the transactions or categories thereof to which the tax pertains.
2. A tax or any other financial charge may not 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 imposition or increase of an import or export duty or a consumer tax, collection thereof shall be per- mitted as of the date on which the Bill shall be tabled in Parliament, on condition that the statute shall be published within the time-limit specified in article 42 paragraph 1, and in any case not later than ten days from the end of the Parliamentary session.
4. The object of taxation, the tax rate, the tax abatements and exemptions and the granti- ng of pensions may not be subject to legislative delegation.
This prohibition does not preclude the deter-
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mination by law of the manner of assessing the share of the State or public agencies in gener- al in the automatic increase on value of private real estate property adjoining the site of con- struction of public works and resulting exclu- sively therefrom.
5. It shall, exceptionally, be permitted to impose by means of delegation granted in frame- work by statute, balancing or counteractive charges or duties, and to impose, within the framework of the country’s international rela- tions to economic organizations, economic mea- sures or measures concerning the safeguarding of the country’s foreign exchange position.
Article 79
1. In the course of its regular annual session Parliament shall vote on the State budget of revenues and expenditures for the following year.
2. All State revenues and expenditures must be entered in the annual budget and financial statement.
** 3. The draft budget shall be submitted by the Minister of Finance to the competent standing parliamentary committee on the first Monday of October and shall be debated, as specified by the Standing Orders. The Minister of Finance taking into account the remarks of the committee, shall introduce the budget to the Parliament at least forty days before the beginning of the fiscal year. The budget shall be debated and voted by the Plenum in accor- dance with the provisions of the Standing Orders, which ensure the right of all political sections in Parliament to express their views.
4. Should the administration of revenues and
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expenditures as provided in the budget be inop- erative for any reason whatsoever, they shall be administered in accordance with a special statute to be enacted every time.
5. Should it be impossible to vote the budg- et or to pass the special statute defined in the preceding paragraph due to the end of the Par- liamentary term, the force of the budget for the fiscal year just ended or ending shall be extended for four months by decree issued upon proposal of the Cabinet.
6. The practice of drafting budgets for bi- annual fiscal periods may be established by statute.
** 7. The financial statement and general balance sheet of the State shall be laid before Parliament no later than one year from the end of each fiscal year; these, are accompanied with- out fail by the report of the Court of Audit provided in article 98 paragraph 1 case (e), are examined by a special committee of Members of Parliament and are ratified by the Plenum of Parliament, according to the provisions of the Standing Orders.
8. Economic and social development plans shall 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 or granted, unless it is provided for by statute con- cerning the organization or other special statute.
2. The minting or issuing of currency shall be regulated by law.
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** Interpretative clause: Paragraph 2 does not impede the participa-
tion of Greece in the process of the Economic and Monetary Union, in the wider framework of European integration, according to the provi- sions of article 28.
SECTION IV The Government
CHAPTER ONE Composition and Function
of the Government
Article 81
1. The Cabinet, which shall be composed of the Prime Minister and the Ministers, consti- tutes the Government. The composition and functioning of the Cabinet shall be specified by law. One or more Ministers may be appointed Vice Presidents of the Cabinet, by decree initi- ated by the Prime Minister.
A statute shall regulate the status of Deputy Ministers, Ministers without portfolio and Undersecretaries who may be members of the Cabinet, as well as the status of permanent Undersecretaries.
2. No person may be appointed a member of the Government or an Undersecretary if he does not possess the qualifications required in Article 55 for Members of Parliament.
3. Any professional activity whatsoever of members of the Government, Undersecretaries and the Speaker of Parliament shall be in abeyance during the discharge of their duties.
4. The incompatibility of the office of Min-
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ister and Undersecretary with other activities may be established by statute.
5. In the absence of a Vice President, the Prime Minister shall appoint, whenever the need arises, one of the Ministers as his provisional Alternate.
Article 82
1. The Government shall define and direct the general policy of the Country, in accor- dance with the provisions of the Constitution and the laws.
2. The Prime Minister shall safeguard the unity of the Government and shall direct the actions of the Government and of the public services in general, for the implementation of Government policy within the framework of the laws.
** 3. Matters relating to the establishment, functioning and competences of the Economic and Social Committee whose mission is to con- duct social dialogue for the overall policy of the Country and, especially, for the orientations of the economic and social policy, as well as to formulate opinions on Bills and law proposals referred to it, shall be specified by law.
** 4. Matters relating to the establishment, functioning and competences of the National Council of Foreign Policy, with the participa- tion of representatives from the parties in Par- liament and of persons possessing expertise or specialised experience, shall be specified by law.
Article 83
1. Each Minister shall exercise the powers defined by law. Ministers without portfolio shall
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exercise the powers vested in them by decision of the Prime Minister.
2. Undersecretaries shall exercise the pow- ers vested in them by joint decision of the Prime Minister and the competent Minister.
CHAPTER TWO Relations between Parliament
and the Government
Article 84
1. The Government must enjoy the confi- dence of Parliament. The Government shall be obliged to request a vote of confidence by Par- liament within fifteen days of the date the Prime Minister shall have been sworn in, and may also do so at any other time. If at the time the Government is formed, Parliament has sus- pended its works, it shall be convoked within fifteen days to resolve on the motion of confi- dence.
2. Parliament may decide to withdraw its confidence from the Government or from a member of the Government. A motion of cen- sure may not be submitted before the lapse of six months from the rejection by Parliament of such a motion.
A motion of censure must be signed by at least one-sixth of the number of Members of Parliament 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, if it is signed by the majority of the total number of Members of Parliament.
4. The debate on a motion of confidence or censure shall commence two days after the
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motion is submitted, unless, in the case of a motion of censure, the Government requests its immediate commencement; in all cases the debate may not be prolonged for more than three days from its commencement.
5. The vote on a motion of confidence or censure is held immediately after the termina- tion of the debate; it may, however, be post- poned for forty-eight hours if the Government so 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, which however cannot be less than the two-fifths of the total number of the members.
A motion of censure shall be adopted only if it is approved by an absolute majority of the total number of Members of Parliament.
7. Ministers and Undersecretaries who are Members of Parliament shall vote on the above motions.
Article 85
The members of the Cabinet and the Under- secretaries shall be collectively responsible for general Government policy, and each of them severally for the actions or omissions within his powers, according to the provisions of statutes on the liability of Ministers. A written or oral order of the President of the Republic may in no case whatsoever relieve Ministers and Under- secretaries of their liability.
** Article 86
1. Only the Parliament has the power to prosecute serving or former members of the
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Cabinet or Undersecretaries for criminal offences that they committed during the dis- charge of their duties, as specified by law. The institution of specific ministerial offences is pro- hibited.
2. Prosecution, investigation, preliminary investigation or preliminary examination against the persons specified in paragraph 1 for the above mentioned offences shall not be permit- ted without a prior resolution of Parliament in accordance with paragraph 3.
If in the course of another investigation, preliminary investigation, preliminary examina- tion or administrative inquiry, evidence should arise which relates to the persons and offences of the preceding paragraph, these shall be promptly forwarded to Parliament by the per- son conducting the investigation, preliminary examination or inquiry.
3. A motion for prosecution is submitted by at least thirty Members of Parliament. The Par- liament, by resolution adopted by the absolute majority of the total number of its Members, sets up a special parliamentary committee to conduct a preliminary examination; otherwise the motion is rejected as manifestly unfounded. The findings of the committee of the preceding section are introduced to the Plenum of Par- liament, which decides whether prosecution shall start or not. The relevant resolution is adopted by an absolute majority of the total number of Members of Parliament.
The Parliament may exercise its competence pursuant to paragraph 1 until the end of the second regular session of the parliamentary term commencing after the offence was committed.
The Parliament may at any time revoke its
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resolution or suspend the prosecution, prelimi- nary proceedings or main proceedings, accord- ing to the procedure and majority provided in the first section of this paragraph.
4. The Court competent for trying the rele- vant cases, at first and last instance is, as supreme court, a Special Court, which is com- posed for each case by six members of the Supreme 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 high ranking courts who were appointed or promot- ed to the rank they hold prior to the submis- sion of the motion for prosecution. The Special Court is chaired by the highest ranking of the Supreme Civil and Criminal Court members chosen by lot and, in case of equal in the rank members, by the first one in order of seniority.
A Judicial Council, composed for each case by two members of the Supreme Administra- tive Court and three members of the Supreme Civil and Criminal Court, functions in the frame- work of the Special Court of this paragraph. The members of the Judicial Council may not be members of the Special Court at the same time. Following a ruling of the Judicial Coun- cil, one of its members who belong to the Supreme Civil and Criminal Court is appointed as examining magistrate. The preliminary pro- ceedings are concluded with the issue of an ordinance.
The duties of public prosecutor in the Spe- cial Court and in the Judicial Council of this
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paragraph are exercised by a member of the Public Prosecutor’s Office of the Supreme Civ- il and Criminal Court who is chosen by lot together with his alternate. The second and third sections of this paragraph also apply for the members of the Judicial Council, while the 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 of the Cabinet or Undersecretary, any participants are also jointly indicted, as specified by law.
5. Should the procedure on the prosecution of a serving or former member of the Cabinet or Undersecretary not be completed for any other reason whatsoever, including the reason of status of limitations, the Parliament may, at the request of the person itself or of its heirs, establish a special committee for investigating the charges in which highest judicial func- tionaries may also participate.
SECTION V The Judicial Power
CHAPTER ONE Judicial Functionaries and Staff
Article 87
1. Justice shall be administered by courts composed of regular judges who shall enjoy functional and personal independence.
2. In the discharge of their duties, judges shall be subject only to the Constitution and the laws; in no case whatsoever shall they be
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obliged to comply with provisions enacted in violation of the Constitution.
3. Regular judges shall be inspected by judges of a superior rank, as well as by the Public Prosecutor and the Deputy Prosecutor of the Supreme Civil and Criminal Court; Public Pros- ecutors shall be inspected by the Supreme Civ- il and Criminal Court judges and Public Prose- cutors of a superior rank, as specified by law.
Article 88
1. Judicial functionaries shall be appointed by presidential decree in compliance with a law specifying the qualifications and the procedure for their selection and are appointed for life.
** 2. The remuneration of judicial func- tionaries shall be commensurate with their office. Matters concerning their rank, remuner- ation and their general status shall be regulat- ed by special statutes.
Notwithstanding articles 94, 95 and 98, dis- putes concerning all kinds of remunerations and pensions of judicial functionaries, and provided that the resolution of the relevant legal issues may affect the salary, pension or fiscal status of a wider circle of persons, shall be tried by the special court of article 99. In such cases, the composition of the court includes the partici- pation of one additional full professor and one additional barrister, as specified by law. Mat- ters relating to the continuation of pending processes before the courts shall be specified by law.
3. A training and trial period for judicial functionaries of up to three years prior to their appointment as regular judges may be provid-
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ed for by law. During this period they may also act as regular judges, as specified by law.
4. Judicial functionaries may be dismissed only pursuant a court judgment resulting from a criminal conviction or a grave disciplinary breach or illness or disability or professional incompetence, confirmed as specified by law and in compliance with the provisions of arti- cle 93 paragraphs 2 and 3.
5. Retirement from the service of the judi- cial functionaries shall be compulsory upon attainment of the age of sixty five years for all functionaries up to and including the rank of Court of Appeal judge or Deputy Prosecutor of the Court of Appeals, or a rank correspon- ding thereto. In the case of judicial functionar- ies of a rank higher than the one stated, or of a corresponding rank, retirement shall be com- pulsory upon attainment of the age of sixty sev- en years. In the application of this provision, the 30th of June of the year of retirement shall in all cases be taken as the date of attainment of the above age limit.
** 6. Transfer of judicial functionaries into another branch is prohibited. Exceptionally, the transfer of associate judges to courts of first instance or of associate prosecutors to public prosecutors offices, shall be permitted, upon request of the persons concerned, as specified by law. Judges of ordinary administrative courts shall be promoted to the rank of Councillor of the Supreme Administrative Court and to one fifth of the posts, as specified by law.
7. Courts or councils especially provided by the Constitution and composed of members of the Supreme Administrative Court and the Supreme Civil and Criminal Court shall be presided over by the senior in rank member.
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** Interpretative clause: In the true sense of article 88, the unifica-
tion of the jurisdiction of first instance of civil courts and the regulation of the service status of judicial functionaries of this instance is per- mitted, provided that a procedure for judge- ment and evaluation is provided for, as specified by law.
Article 89
1. Judicial functionaries shall be prohibited from performing any other salaried service or practicing any other profession.
** 2. Exceptionally, judicial functionaries may be elected members of the Athens Acade- my or teaching staff of university level institu- tions, as well as may sit on councils or com- mittees exercising competences of disciplinary, auditing or adjudicating nature and on Bill drafting committees, provided that this partici- pation is specifically stipulated by the law. Law shall provide substitution of judicial functionar- ies by other persons in councils or committees established or in duties assigned by a private individual’s declaration of intention, inter vivos or mortis causa, with the exception of the cas- es of the preceding section.
** 3. Assignment of administrative duties to judicial functionaries is prohibited. Activities related to the training of judicial functionaries are considered to be of judicial nature. The assignment to judicial functionaries of the duties of representing the Country in international organisations is permitted.
The conduct of arbitrations by judicial func- tionaries is allowed only in the framework of their official duties, as specified by law.
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4. Participation of judicial functionaries in the Government is prohibited.
5. The establishment of an association of judicial functionaries shall be permitted, as spec- ified by law.
Article 90
** 1. Promotions, assignments to posts, trans- fers, detachments, and transfers to another branch of judicial functionaries shall be effected by pres- idential decree, issued after prior decision by the supreme judicial council. This council shall be composed of the president of the respective supreme court and of members of the same court chosen by lot from among those having served in it for at least two years, as specified by law. The Prosecutor of the Supreme Civil and Criminal Court shall participate in the supreme judicial council on civil and criminal justice, as well as two Deputy Prosecutors of the Supreme Civil and Criminal Court who are chosen by lot from among those having served for at least two years in the Public Prosecutor’s Office of the Supreme Civil and Criminal Court, as specified by law. In the supreme judicial council on the Supreme Administrative Court and on administrative justice shall also participate the General Commissioner of State who serves in them on issues relating to judicial functionaries of ordinary administrative courts and of the General Commission. In the supreme judicial council on the Court of Audit shall also participate the General Commissioner of State who serves in it.
In the supreme judicial council shall also participate, without right to vote, two judicial functionaries of the branch concerned by the changes in the service status, who must be at
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least of the rank of Judge of Appeals or of an equivalent one, and are chosen by lot, as spec- ified by law.
** 2. In the case of judgments concerning promotions to the posts of Councillors of State, Supreme Civil and Criminal Court Judges, Deputy Prosecutors of the Supreme Civil and Criminal Court, Councillors of the Court of Audit, President Judges of Appeals and Prose- cutors of Appeals, as well as concerning the selection of the members of the General Com- missions of administrative courts and of the Court of Audit, the council prescribed in paragraph 1 shall 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 disagree with the judgement of a supreme judicial coun- cil, he may refer the matter to the plenum of the respective supreme court, as specified by law. The judicial functionary concerned by the judgement has as well the right of recourse, under the conditions specified by the law. As regards the session of the plenum of the respec- tive highest court, as a second instance supreme judicial council, the provisions of sections three to six of paragraph 1 shall apply. In the plenum of the Supreme Civil and Criminal Court, in the cases of the preceding section, shall also participate with right to vote the members of the Public Prosecutor’s office of the Supreme Civil 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 the supreme judicial council with which the Minister has not disagreed, shall be binding upon him.
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** 5. Promotion to the post of President or Vice-President of the Supreme Administrative Court, of the Supreme Civil and Criminal Court and of the Court of Audit shall be effected by presidential decree issued on the proposal of the Cabinet, by selection from among the mem- bers of the respective supreme court, as speci- fied by law. Promotion to the post of Supreme Civil and Criminal Court Prosecutor shall be effected by similar decree, by selection from among the members of the Supreme Civil and Criminal Court and Deputy Public Prosecutors of this Court, as specified by law. Promotion to the post of General Commissioner of the Court of Audit shall be effected by similar decree, by selection from among the members of the Court of Audit and of the respective General Com- mission, as specified by law. Promotion to the post of General Commissioner of administra- tive courts shall also be effected by similar decree, by selection from among the members of the respective General Commission and the President Judges of Appeals of the administra- tive courts, as specified by law.
The tenure of the President of the Supreme Administrative Court, of the Supreme Civil and Criminal Court and of the Court of Audit, as well as of the Public Prosecutor of the Supreme Civil and Criminal Court and of the General Commissioners of administrative courts and of the Court of Audit may not exceed four years, even if the judicial functionary holding this office has not reached the retirement age. Any period of time which remains until completion of the retirement age, shall be calculated as actual pensionable service, as specified by law.
6. Decisions or acts in compliance with the
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provisions of the present article shall not be subject to remedies before the Supreme Admin- istrative Court.
Article 91
1. Disciplinary authority over judicial func- tionaries from and above the rank of member of the Supreme Civil and Criminal Court or Deputy Prosecutor of the Supreme Civil and Criminal Court, or a rank corresponding there- to, shall be exercised by a Supreme Discipli- nary Council, as specified by law.
Disciplinary action shall be initiated by the Minister of Justice.
2. The Supreme Disciplinary Council shall be composed of the President of the Supreme Administrative Court as Chairman, and of two Vice-Presidents or Councillors of the Supreme Administrative Court, two Vice-Presidents or members of the Supreme Civil and Criminal Court, two Vice-Presidents or Councillors of the Court of Audit and two law professors from the Law Schools of the country’s universities, as members. The members of the Council shall be chosen by lot from among those having at least three years of service in the respective supreme court or law school. Members belonging to the supreme court of which the conduct of one of the judges, prosecutors or commissioners the Council has been called on to decide, shall be excluded. In cases involving disciplinary action against members of the Supreme Administra- tive Court, the Supreme Disciplinary Council shall be presided over by the President of the Supreme Civil and Criminal Court.
3. The disciplinary authority over all other judicial functionaries shall be exercised, in the
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first and second instance by councils composed of regular judges chosen by lot, as specified by law. Disciplinary action may also be initiated by the Minister of Justice.
4. Disciplinary rulings in accordance with the provisions of this Article shall not be sub- ject to remedies before the Supreme Adminis- trative Court.
Article 92
1. The civil servants of all courts’ offices and prosecutors’ offices shall be permanent. They may be dismissed only pursuant to a court judgement resulting from a criminal conviction or to decision of a judicial council on account of a grave disciplinary breach, illness or dis- ability, or professional incompetence which shall be ascertained, as specified by law.
2. The qualifications of the judicial staff and its general status shall be specified by law.
** 3. Promotions, assignments to posts, trans- fers, detachments and transfers to another branch of the civil servants of the courts shall be effected with the concurrent opinion of serv- ice councils, which are composed in majority of judicial functionaries and such civil servants, as specified by law. Disciplinary authority over the civil servants of the courts shall be exercised by the hierarchically superior judges, prosecutors, commissioners or servants, as well as by the service council, as specified by law. Recourse against decisions regarding changes in the service status of the civil servants of the courts, as well as against disciplinary decisions of the service councils shall be permitted, as specified by law.
** 4. The servants of land registries are civ-
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il servants of the courts. Notaries public and unsalaried registrars of mortgages and property transfers shall be permanent as long as corre- sponding services and posts exist. The provi- sions of the preceding paragraphs shall apply accordingly in this case.
5. Retirement shall be compulsory for no- taries public and unsalaried registrars of mort- gages and property transfers upon attainment of the age of seventy years; all others shall be obliged to retire upon attainment of the age specified by law.
CHAPTER TWO Organization and Jurisdiction
of the Courts
Article 93
1. Courts are distinguished into administra- tive and civil and criminal courts, and they are organized by special statutes.
2. The sittings of all courts shall be public, except when the court decides that publicity would be detrimental to the good usages or that special reasons call for the protection of the private or family life of the litigants.
** 3. Every court judgment must be specif- ically and thoroughly reasoned and must be pronounced 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. Pub- lication of the dissenting opinion shall be com- pulsory. Law shall specify matters concerning the entry of any dissenting opinion into the minutes as well as the conditions and prerequi- sites for the publicity thereof.
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4. The courts shall be bound not to apply a statute whose content is contrary to the Consti- tution.
** Article 94
1. The Supreme Administrative Court and ordinary administrative courts shall have juris- diction on administrative disputes, as specified by law, without prejudice to the competence of the 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 achieve unified application of the same legislation, law may assign the hearing of categories of private disputes to administrative courts or the hearing of 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 for compliance of the Public Administration with judicial decisions. Judicial decisions are subject to compulsory enforcement also against the Public Sector, local government agencies and public 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 enforceable acts of the administrative authori- ties for excess of power or violation of the law. ** b) The reversal upon petition of final judge-
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ments of ordinary administrative courts, as spec- ified by law.
c) The trial of substantive administrative dis- 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 2 and 3 shall not be applicable in the exercise of the competence specified under subparagraph (d) of the preceding paragraph.
** 3. The trial of categories of cases that come under the Supreme Administrative Court’s jurisdiction for annulment may by law come under ordinary administrative courts, depend- ing on their nature or importance. The Supreme Administrative Court has the second instance jurisdiction, as specified by law.
4. The jurisdiction of the Supreme Admin- istrative Court shall be regulated and exercised as specifically provided by law.
** 5. The Public Administration shall be bound to comply with judicial decisions. The breach of this obligation shall render liable any competent agent, as specified by law. Law shall specify the measures necessary for ensuring the compliance of the Public Administration.
Article 96
1. The punishment of crimes and the adop- tion of all measures provided by criminal laws belong to the jurisdiction of ordinary criminal courts.
2. Statutes may: (a) assign the trial of police offences punishable by fine to authorities exer- cising police duties, (b) assign the trial of pet- ty offences related to agrarian property and pri-
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vate disputes arising there from, to agrarian security authorities.
In both cases judgments shall be subject to appeal before the competent ordinary court; such appeal shall suspend the execution of the judgment.
3. Special statutes shall regulate matters per- taining to juvenile courts. The provisions of articles 93 paragraph 2 and 97 need not apply in this case. The judgments of these courts may be 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 in majority of members of the judicial branch of the armed forces, vested with the guaranties of functional and personal independence specified in article 87 paragraph 1 of the Constitution. The provisions of paragraphs 2 to 4 of article 93 shall apply to the sittings and judgements of these courts. Matters pertaining to the applica- tion of provisions of this paragraph, as well as the time upon which they shall enter into force, shall be specified by law.
Article 97
1. Felonies and political crimes shall be tried by mixed jury courts composed of ordinary judges and jurors, as specified by law. The judg- ments of these courts shall be subject to the legal remedies specified by law.
2. Felonies and political crimes which prior to the date of entry into force of this Constitu- tion have, by constituent acts, parliamentary
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resolutions and special statutes, come under the jurisdiction of courts of appeal shall continue to be tried by the said courts, as long as a statute does not transfer them to the jurisdic- tion of mixed jury courts.
Other felonies may be transferred to the jurisdiction of the same courts of appeal by statute.
3. Crimes of any degree committed through the press shall be under the jurisdiction of ordi- nary criminal courts, as specified by law.
Article 98
** 1. The jurisdiction of the Court of Audit pertains mainly to:
a) The audit of the expenditures of the State as well as of local government agencies or oth- er legal entities subject to this status by special provision of law.
b) The audit of high financial value con- tracts in which contracting partner is the State or any other legal entity which in this respect is equated to the State, as specified by law.
c) The audit of the accounts of accountable officials and of the local government agencies or other legal entities subject to the audit pro- vided by section (a).
d) Advisory opinions concerning Bills on pensions or on the recognition of service for granting of the right to a pension, in accor- dance with article 73 paragraph 2, as well as on all other matters specified by law.
e) The drawing up and submission to Par- liament of a report on the financial statement and balance sheet of the State, according to article 79 paragraph 7.
f) The trial of disputes concerning the grant-
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ing of pensions as well as the audit of accounts under section (c).
g) The trial of cases related to liability of civil or military servants of the State, as well as of civil servants of local government agencies and of the other public law legal persons, for any loss that through intent or negligence incurred upon the State, the local government agencies or other public law legal persons.
2. The jurisdiction of the Court of Audit shall be regulated and exercised as specified by law.
The provisions of article 93 paragraphs 2 and 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 in the cases specified in paragraph 1 shall not be subject to the control of the Supreme Admin- istrative Court.
Article 99
1. Suits against judicial functionaries for faulty wrongful judgment shall be tried, as spec- ified by law, by a special court composed of the President of the Supreme Administrative Court, as President, and one Councillor of the Supreme Administrative Court, one Supreme Civil and Criminal Court judge, one Councillor of the Court of Audit, two law professors of the law schools of the country’s universities and two barristers from among the members of the Supreme Disciplinary Council for barristers, as members, all of whom shall be chosen by lot.
2. Each time, that member of the special court shall be exempted who belongs to the judicial corps or branch, the actions or omis- sions of a functionary of which the court is
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called upon to judge. In the case of a suit against a member of the Supreme Administra- tive Court or a functionary of the ordinary administrative courts, the special court shall be presided over by the President of the Supreme Civil and Criminal 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 with article 58.
b) Verification of the validity and returns of a referendum held in accordance with article 44 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 55 paragraph 2 and article 57.
d) Settlement of any conflict between the courts and the administrative authorities, or between the Supreme Administrative Court and the ordinary administrative courts on one hand and the civil and criminal courts on the other, or between the Court of Audit and any other court.
e) Settlement of controversies on whether the content of a statute enacted by Parliament is contrary to the Constitution, or on the inter- pretation of provisions of such statute when con- flicting judgments have been pronounced by the Supreme Administrative Court, the Supreme Civ- il and Criminal Court or the Court of Audit.
f) The settlement of controversies related to the designation of rules of international law as
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generally acknowledged in accordance with arti- cle 28 paragraph 1.
2. The Court specified in paragraph 1 shall be composed of the President of the Supreme Administrative Court, the President of the Supreme Civil and Criminal Court and the Pres- ident of the Court of Audit, four Councillors of the Supreme Administrative Court and four members of the Supreme Civil and Criminal Court chosen by lot for a two-year term. The Court shall be presided over by the President of the Supreme Administrative Court or the President of the Supreme Civil and Criminal Court, 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 include two law professors of the law schools of the country’s universities, chosen by lot.
3. The organization and functioning of the Court, the appointment, replacement of and assistance 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 the date 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 Audit judges a provision of a statute to be contrary to the Constitution, it is bound to refer the question to the respective plenum, unless this has been judged by a previous decision of the
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plenum or of the Special Highest Court of this article. The plenum shall be assembled into judicial formation and shall decide definitively, as specified by law. This regulation shall also apply accordingly to the elaboration of regula- tory decrees by the Supreme Administrative Court.
** Article 100A
Matters relating to the establishment and functioning of the Legal Council of the State, as well as matters relating to the service status of functionaries and servants who serve there- in, shall be specified by law. The competence of the Legal Council of the State pertains main- ly to the judicial support and representation of the State and to the recognition of claims against it or to the settlement of disputes with the State. The provisions of article 88 paragraphs 2 and 5, and of article 90 paragraph 5, shall apply accordingly to the main staff of the Legal Coun- cil of the State.
SECTION VI Administration
CHAPTER ONE Organization of the Administration
Article 101
1. The administration of the State shall be organized according to the principle of decen- tralization.
2. The administrative division of the Coun-
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try shall be based on geoeconomic, social and transportation conditions.
** 3. Regional administrations of the State shall have general decisive authority on matters of their district. The central administrations of the State, in addition to special powers, shall have the general guidance, coordination and review of the legality of the acts of regional administrations, as specified by law.
** Interpretative clause: The legislator and the Public Administration,
when acting in its regulatory capacity, are bound to take into consideration the particular condi- tions of island regions.
** Article 101A
1. In cases where the establishment and func- tioning of an independent authority is provided by the Constitution, its members shall be appointed for a fixed tenure and shall enjoy personal and functional independence, as spec- ified by law.
2. Matters relating to the selection and serv- ice status of the scientific and other staff of the service that is constituted for the support and functioning of every independent authority shall be specified by law. The members of the inde- pendent 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 majority of four fifths of its members. Matters relating to the selection procedure are specified by the Standing Orders of the Parliament.
3. Matters concerning the relation between
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the independent authorities and the Parliament, and the manner, in which parliamentary con- trol is exercised, are specified by the Standing Orders of the Parliament.
** Article 102
1. The administration of local affairs shall be exercised by local government agencies of first and second level. For the administration of local affairs, there is a presumption of com- petence in favour of local government agencies. The range and categories of local affairs, as well as their allocation to each level, shall be specified by law. Law may assign to local gov- ernment agencies the exercise of competences constituting mission of the State.
2. Local government agencies shall enjoy administrative and financial independence. Their authorities shall be elected by universal and 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 government agencies; these shall be governed by elected administrations.
4. The State shall exercise the supervision of local government agencies, which shall con- sist exclusively in the review of the legality and shall 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 ipso jure forfeiture of office or suspension, discipli- nary sanctions to elected administrations of local government agencies shall be imposed only with
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the concurrent opinion of a council composed in its majority of judges, as specified by law.
5. The State shall adopt the legislative, reg- ulatory and fiscal measures required for ensur- ing the financial independence and the funds necessary to the fulfilment of the mission and exercise of the competences of local govern- ment agencies, ensuring at the same time the transparency in the management of such funds. Matters pertaining to the attribution and allo- cation, among local government agencies, of the taxes or duties provided in their favour and collected by the State shall be specified by law. Every transfer of competences from central or regional administrations of the State to local government also entails the transfer of the cor- responding funds. Matters pertaining to the determination and collection of local revenues directly from local government agencies shall be specified by law.
CHAPTER TWO Status of Administrative Agents
Article 103
1. Civil servants shall be the executors of the will of the State and shall serve the people, owing allegiance to the Constitution and devo- tion to the Fatherland. The qualifications and the manner of their appointment shall be spec- ified by law.
2. No one may be appointed to a post not provided by law. Special statutes may provide for exceptions in order to fill unforeseeable and urgent needs with personnel hired for a certain period of time on a private law contract.
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3. Posts of specialized scientific and techni- cal or auxiliary personnel provided by law, may be filled by personnel hired on private law con- tracts. The terms of employment and the spe- cific guarantees under which this personnel shall be employed, shall be specified by law.
4. Civil servants holding posts provided by law shall be permanent so long as these posts exist. Their salaries shall evolve in accordance with the provisions of the law ; with the excep- tion of those retiring upon attainment of the age limit or when dismissed by court judgement, civil servants may not be transferred without an opinion or lowered in rank or dismissed without a decision of a service council consisting of at least 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 the offices of the Prime Minister, Ministers and Undersecretaries may by law be exempted from permanency.
6. The provisions of the preceding para- graphs shall apply to the staff of Parliament, which in other aspects shall be entirely subject to its Standing Orders, and to the civil servants of local government agencies and other public law legal persons.
** 7. Engagement of servants in the Public Administration and in the wider Public Sector, as this is defined each time, with the exception of cases under paragraph 5, shall take place either by competitive entry examination or by
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selection on basis of predefined and objective criteria, and shall be subject to the control of an independent authority, as specified by law.
The law may provide for special selection procedures that are subject to increased guar- antees of transparency and meritocracy, or for special procedures for personnel selection to posts whose activities are subject to special constitutional guarantees or are similar to a mandate.
** 8. The law shall specify the conditions and duration of private law employment rela- tions in the Public Administration and in the wider Public Sector, as this is defined each time, either to fill in posts beyond those provided for in the first section of paragraph 3, or to fill in temporary or unforeseeable and urgent needs according to the second section of paragraph 2. The law shall also specify the duties that may be undertaken by the personnel of the preced- ing section. Conversion by law of the employ- ees under the first section to permanent civil servants 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 on the basis of services for the performance of a specific task.
** 9. Law shall specify matters relating to the establishment and activities of the “Om- budsman”, who functions as an independent authority.
Article 104
1. None of the employees mentioned in the preceding article may be appointed to another
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post of the civil service or of local government agencies or of other public law legal persons, or of public enterprises or public utility agen- cies. As an exception, appointment to a second post may be permitted by special statute, in compliance with the provisions of the following paragraph.
2. Additional salaries or emoluments of any kind of employees mentioned in the preceding article may not exceed the total salary received per month from their post which is provided by law.
3. No prior permission shall be required to bring to trial civil servants or employees of local government agencies or of other public corpo- rate bodies.
CHAPTER THREE Regime of Aghion Oros (Mount Athos)
Article 105
1. The Athos peninsula extending beyond Megali Vigla and constituting the region of Aghion Oros shall, in accordance with its ancient privileged status, be a self-governed part of the Greek State, whose sovereignty thereon shall remain intact. Spiritually, Aghion Oros shall come under the direct jurisdiction of the Ecu- menical Patriarchate. All persons leading a monastic life thereon acquire Greek citizenship without further formalities, upon admission as novices or monks.
2. Aghion Oros shall be governed, accord- ing to its regime, by its twenty Holy Monaster- ies among which the entire Athos peninsula is divided; the territory of the peninsula shall be exempt from expropriation. The administration
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of Aghion Oros shall be exercised by represen- tatives of the Holy Monasteries constituting the Holy Community. No change whatsoever shall be permitted in the administrative system or in the number of Monasteries of Aghion Oros, or in their hierarchical order or in their position to their subordinate dependencies. Heterodox or schismatic persons shall be prohibited from dwelling thereon.
3. The determination in detail of the regimes of the Aghion Oros entities and the manner of operation thereof is effected by the Charter of Aghion Oros which, with the cooperation of the State representative, shall be drawn up and voted by the twenty Holy Monasteries and rat- ified by the Ecumenical Patriarchate and the Parliament of the Hellenes.
4. Faithful observance of the regimes of the Aghion Oros entities shall in the spiritual field be under the supreme supervision of the Ecu- menical Patriarchate, and, in the administra- tive, under the supervision of the State, which shall also be exclusively responsible for safe- guarding public order and security.
5. The afore-mentioned powers of the State shall be exercised through a governor whose rights and duties shall be determined by law.
The law shall likewise determine the judicial power exercised by the monastic authorities and the Holy Community, as well as the customs and taxation privileges of Aghion Oros.
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P A R T F O U R Special, Final and Transitory
Provisions
SECTION I Special Provisions
Article 106
1. In order to consolidate social peace and protect the general interest, the State shall plan and 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 to develop sources of national wealth in the atmos- phere, in underground and underwater deposits, and to promote regional development and to further especially the economy of mountainous, insular and frontier areas.
2. Private economic initiative shall not be permitted to develop at the expense of free- dom and human dignity, or to the detriment of the national economy.
3. With the reservation of the protection provided in article 107 in connection with the re-export of foreign capital, the law may regu- late the acquisition by purchase of enterprises or the compulsory participation therein of the State or other public agencies, in the event these 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 counterpart to the compulsory participation of the State or
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other public agencies must indispensably be determined by a court and must be in full, so as to correspond to the value of the purchased enterprise or the participation therein.
5. A shareholder, partner or owner of an enterprise, the control of which devolves upon the State or upon an agency controlled by the State as a result of compulsory participation in accordance with paragraph 3, shall be entitled to request the purchase of his share in the enterprise, as specified by law.
6. The law may specify matters pertaining to the contribution to the State expenditure by ben- eficiaries from the execution of public utility works or works of a more general significance for the economic development of the Country.
Interpretative clause: The value specified in paragraph 4 does not
include such value as is due to the monopolistic nature of the enterprise.
Article 107
1. Legislation enjoying legal force higher than that of statutes, enacted before April 21, 1967, pertaining to the protection of foreign capital shall continue to enjoy such legal force and shall be applicable to capital imported henceforth.
The same legal force is enjoyed by the pro- visions of Chapters A through D of Section A of Statute 27/1975 «on the taxation of ships, compulsory contributions for the development of the merchant marine, establishment of fo- reign shipping companies and regulation of related matters».
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2. A statute, to be promulgated once and for all within three months of the date of entry into force of this Constitution, shall specify the terms and the procedure for the revision or cancella- tion of administrative acts approving investments in application of legislative decree 2687/1953 and 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 the registration of ships under the Greek flag.
Article 108
1. The State must take care for emigrant Greeks and for the maintenance of their ties with the Fatherland. The State shall also attend to the education, the social and professional ad- vancement of Greeks working outside the State.
** 2. Law shall specify matters relating to the organisation, operation and competences of the Council of Hellenes Abroad, whose mission is the expression of all communities of Hel- lenes across the world.
Article 109
1. Alteration of the contents or terms of a will, codicil or donation as to the provisions benefiting the State or a charitable cause is prohibited.
2. Exceptionally, a more beneficial use or disposal of a bequest or donation, for the same or for another charitable cause in the area des- ignated by the donor or the testator, or in the greater district thereabout, shall be permitted, as specified by law, after it is certified by a court judgement that for any reason whatsoev-
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er, the will of the donor or the testator cannot be fulfilled, either in whole or to its greatest extent as well as if it can be more fully satis- fied by the change of use.
** 3. Law shall specify matters relating to the compilation of a register of bequeaths or devises in general and by region, to the registration and classification of their property, to the administra- tion and management of each bequeath or devise in accordance with the will of the devisor or donor, and any other relevant issue.
SECTION II Revision of the Constitution
Article 110
1. The provisions of the Constitution shall be subject to revision with the exception of those which determine the form of government as a Parliamentary Republic and those of arti- cles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26.
2. The need for revision of the Constitution shall be ascertained by a resolution of Parlia- ment adopted, on the proposal of not less than fifty Members of Parliament, by a three-fifths majority of the total number of its members in two ballots, held at least one month apart. This resolution shall define specifically the provi- sions to be revised.
3. Upon a resolution by Parliament on the revision of the Constitution, the next Parliament shall, in the course of its opening session, decide on the provisions to be revised by an absolute majority of the total number of its members.
4. Should a proposal for revision of the Con-
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stitution receive the majority of the votes of the total number of members but not the three- fifths majority specified in paragraph 2, the next Parliament may, in its opening session, decide on the provisions to be revised by a three-fifths majority of the total number of its members.
5. Every duly voted revision of provisions of the Constitution shall be published in the Gov- ernment Gazette within ten days of its adop- tion by Parliament and shall come into force through a special parliamentary resolution.
6. Revision of the Constitution is not per- mitted before the lapse of five years from the completion of a previous revision.
SECTION III Transitory Provisions
Article 111
1. All provisions of statutes or of adminis- trative acts of a regulatory nature which are contrary to the Constitution are abolished as of the date the Constitution comes into force.
2. Constituent acts promulgated between July 24, 1974 and the convocation of the Fifth Revi- sionary Parliament, as well as parliamentary resolutions thereof shall continue to be in force even if their provisions are contrary to the Con- stitution; they can be amended or abolished by statute. As of the date of coming into force of the Constitution, the provision of article 8 of the constituent act of September 3, 1974 con- cerning the retirement age limit for professors of university level institutions is abolished.
3. Article 2 of the presidential decree 700 of October 9, 1974 «on the partial re-enactment of
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articles 5, 6, 8, 10, 12, 14, 95, and 97 of the Constitution and the lifting of the statute «on a state of siege» and Legislative Decree 167 of November 16, 1974 «on granting of the legal remedy of appeal against the judgments of the military tribunal», shall remain in force, allow- ing for their amendment or abolition by statute.
4. The parliamentary resolution of April 16/29, 1952 shall remain in force for six months from the date of coming into force of this Con- stitution. Within this time-limit, the amend- ment, completion or abolition by statute of the constituent acts and resolutions referred to in article 3 paragraph 1 of the aforementioned resolution shall be permitted, as well as the maintenance of some of these, in whole or in part, even after the lapse of this time-limit, on condition that the provisions amended, com- pleted or remaining in force cannot be contrary to this Constitution.
5. Greeks deprived in any manner whatso- ever of their citizenship prior to the coming into force of this Constitution shall re-acquire it upon a decision by special committees of judicial functionaries, as specified by law.
6. The provision of article 19 of legislative decree 3370/1955 «on sanctioning of the Code of Greek citizenship» shall remain in force until it is repealed by law.
Article 112
1. On matters where provisions of this Con- stitution explicitly require the promulgation of a statute to regulate them, the statutes or the administrative acts of a regulatory nature which are in force, as the case may be, at the time this Constitution comes into force, shall remain
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in force until the statute shall be promulgated, with the exception of those which are contrary to the provisions of the Constitution.
2. The provisions of article 109 paragraph 2 and 79 paragraph 8 shall enter into force as of the date of the coming into force of each of the statutes especially provided therein which must be promulgated at the latest by the end of the year 1976. Until the statute provided for in article 109 paragraph 2 comes into force, the already existing constitutional and legislative regulation at the time this Constitution enters into force shall continue to be applicable.
3. Constituent Act of October 5, 1974, which shall remain in force, shall be construed as meaning that the suspension of the exercise of the duties of professors as of their election as Members of Parliament shall not, throughout the duration of the present parliamentary peri- od, be extended to include teaching, research, authorship, and scientific work in laboratories and classrooms of the respective schools; but the participation of these professors in the administration of schools and in the election of teaching 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 of this Constitution.
Article 113
The Standing Orders of Parliament, the par- liamentary resolutions pertaining thereto and the statutes specifying the manner in which Par- liament shall function, shall continue to be in
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force pending the date of enactment of the new Standing Orders, with the exception of those which are contrary to the provisions of this Constitution.
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 Standing Orders 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 the Constitution shall be composed of sixty regular members and thirty alternate, to be selected by the Speaker from among all parties and groups, in proportion to their strength. In case of dispu- te, prior to the publication of the new Standing Orders, 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 the Republic must take place within two months of the publication of this Constitution at the lat- est, in a special session of Parliament, to be called by the Speaker at least five days in advance; the provisions of the Standing Orders as to the election of the Speaker shall be anal- ogously applied.
The President to be elected shall assume the discharge of his duties upon being sworn in, within five days of his election at the latest.
The statute specified in article 49 paragraph 5 on the regulation of matters related to the
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liabilities of the President of the Republic must be promulgated before December 31, 1975.
Pending the enactment of the statute speci- fied in article 33 paragraph 3, matters defined therein shall be regulated by the provisions per- taining to the provisional President of the Republic.
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 his duties, the provisional President of the Repub- lic shall exercise the authority vested in the President by the Constitution, with the restric- tions specified in article 2 of parliamentary res- olution B’ of the Fifth Revisionary Parliament dated December 24, 1974.
Article 115
1. Pending the enactment of the statute pro- vided in article 86 paragraph 1, the standing provisions on prosecution, interrogation and tri- al of acts and omissions specified in article 49 paragraph 1 and article 85 shall be applicable.
2. The statute provided by article 100 must be enacted within one year, at the latest, from the coming into force of this Constitution. Pend- ing the enactment of the said statute and the beginning of the function of the Special High- est Court:
a) Disputes on the matters specified in arti- cle 55 paragraph 2 and article 57 shall be solved by parliamentary resolution, in accordance with the provisions of the Standing Orders on per- sonal issues.
b) The verification of the validity and the returns of a referendum held in accordance with article 44 paragraph 2, as well as the trial
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of objections to the validity and the returns of parliamentary elections in accordance with arti- cle 58 shall be assigned to the Special Court provided by article 73 of the Constitution of January 1, 1952; the procedure of articles 116 seq. of presidential decree 650/1974 shall apply.
c) The settlement of conflicts specified in article 100 paragraph 1 section (d) shall come under the jurisdiction of the Court specified in article 5 of the Constitution of January 1, 1952; laws related to the organization, functioning and procedure before the said Court shall also remain temporarily in force.
3. Pending the entry into force of the statute provided by article 99, suits for faulty wrongful judgement shall be tried by the court provided under article 110 of the Constitution of Janu- ary 1, 1952, and in accordance with the proce- dure effective at the time of publication of this Constitution.
4. Pending the entry into force of the statute provided under article 87 paragraph 3 and the establishment of the judicial and disciplinary committees provided under article 90 para- graphs 1 and 2 and article 91, the relevant pro- visions valid at the time of entry into force of this Constitution shall remain in force. The statutes on the above matters must be promul- gated not later than one year from the date of coming into force of this Constitution.
5. Pending the entry into force of the statutes provided under article 92, the provisions exist- ing at the time this Constitution enters into force shall remain in force. The said statutes must be promulgated not later than one year from the date of coming into force of this Con- stitution.
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6. The special statute provided under article 57 paragraph 5 must be promulgated within six months from the date of coming into force of this Constitution.
** 7. The incompatibility of parliamentary office with the exercise of any profession, which is provided for in the last but one section of paragraph 1 of article 57, enters into force upon promulgation of the law provided for in the same provision and on 1.1.2003 at the latest.
Article 116
1. Existing provisions contrary to article 4 paragraph 2 shall remain in force pending their abolition by statute not later than December 31, 1982.
** 2. Adoption of positive measures for pro- moting equality between men and women does not 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 nature as well as provisions of collective agreements or arbitration decisions fixing the remuneration for employment which are contrary to the pro- visions of article 22 paragraph 1 shall remain in force until they are replaced not later than three years from the date of entry into force of this Constitution.
Article 117
1. Laws issued before April 21, 1967, in appli- cation of article 104 of the Constitution of Jan- uary 1, 1952 shall be deemed not to be contrary to this Constitution and shall remain in force.
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2. Notwithstanding article 17, the legislative regulation and dissolution of existing leases of farms and other land onuses, the purchase of bare ownership by long leasers of long leased plots 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 being destroyed by fire or have otherwise been de ed or 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 being excluded.
4. The expropriation of forests and forest expanses owned by individuals or by private or public law legal persons shall be permitted only in cases benefiting the State, in accordance with the provisions of article 17, for reasons of pub- lic utility; but their designation as forests shall not be altered.
5. The expropriations which have been declared or are being declared until the existing statutes on expropriation have been adapted to this Constitution, shall be governed by provi- sions in force at the time of their declaration.
6. Paragraphs 3 and 5 of article 24 shall be applicable to residential areas which have been designated or are being reformed as such as of the coming into force of the laws provided for therein.
** 7. The revised provision of the first sec- tion of paragraph 4 of article 17 shall come into force upon entry into force of the corre- sponding implementing law and in any case as of 1.1.2002.
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Article 118
1. As of the date of entry into force of this Constitution judicial functionaries from the rank of president or public prosecutor of the Court of Appeals and up or of corresponding ranks, shall retire from service, as before that time, upon attainment of the age of seventy years; this age limit shall annually be lowered by one year until the age of sixty-seven years, begin- ning in 1977.
2. Highest judicial functionaries who were not in service at the time the constituent act of September 4/5, 1974 «on the restoration of order and harmony in the judicial branch» came into force and who were demoted on that basis, due to the time at which their promotion was made and against whom the disciplinary prosecution specified in article 6 of the said constituent act was not initiated, shall be compulsorily commit- ted by the competent Minister to the Highest Disciplinary Council, within three months of the coming into force of this Constitution.
The Highest Disciplinary Council shall decide whether the conditions of promotion have reduced the prestige and the special posi- tion in the service of the promoted person and shall by final decision rule on re-acquisition or not of the automatically forfeited rank and the rights attached thereto, the retroactive payment of salary or pension being however excluded.
The decision must be pronounced within three months of committal.
The closest living relatives of a judicial func- tionary having been demoted and deceased, may exercise all the rights accorded to persons under disciplinary trial before the Highest Discipli- nary Council.
3. Pending the publication of the law pro-
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vided under article 101 paragraph 3, provisions in force pertaining to the distribution of author- ity between central and regional services shall continue to be applied. These provisions may be amended by the transfer of special authori- ty from central to regional services.
** 4. The revised provisions of paragraphs 2 and 3 under article 89 shall come into force upon entry into force of the corresponding implementing law and in any case as of 1.1.2002.
** 5. The presidents of the supreme courts, the Public Prosecutor of the Supreme Civil and Criminal Court, the general commissioners of administrative courts and of the Court of Audit, as well as the President of the Legal Council of the State who are in service at the time of entry into force of the revised provision of paragraph 5 of article 90, shall retire, as provided by para- graph 5 of article 88.
** 6. Exceptions from the competence of the Highest Personnel Selection Council pro- vided for or maintained in statute 2190/1994, as in force, continue to apply.
** 7. Legislative regulations concerning the finalisation of the service status for staff com- ing under paragraph 8 of article 103 continue to 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 and July 23, 1974, irrespective of the way it operat- ed, may be lifted by statute regardless of whether or not such a petition had been submitted; in no case, however, may retroactive wages be paid to persons who prevail through this legal remedy.
2. Military or civil servants who by law have
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been restored ipso jure to the public posts they occupied and who have become Members of Parliament, may within an eight-day limit state their choice between their parliamentary office and their public post.
SECTION IV Final Provision
Article 120
1. This Constitution, voted by the Fifth Revi- sionary Parliament of the Hellenes, is signed by its Speaker and published by the provisional President of the Republic in the Government Gazette by decree countersigned by the Cabi- net and shall enter into force on the eleventh of June 1975.
2. Respect towards the Constitution and the law concurrent thereto, and devotion to the Fatherland and to Democracy constitute a fun- damental duty of all Greeks.
3. Usurpation, in any way whatsoever, of popular sovereignty and of powers deriving therefrom shall be prosecuted upon restoration of the lawful authority; the limitation from which punishment for the crime is barred shall begin as of the restoration of lawful authority.
4. Observance of the constitution is entrust- ed to the patriotism of the Greeks who shall have the right and the duty to resist by all pos- sible means against anyone who attempts the violent abolition of the Constitution.
Athens, 18 April 2001
THE SPEAKER OF THE HELLENIC PARLIAMENT
APOSTOLOS CHR. KAKLAMANIS
133
The Constitution of Greece was elaborated
and voted by the 5th Revisionary Parliament which
came out of the elections following the collapse
of the 1967 dictatorship on July 24, 1974. The
Constitution entered into force on June 11, 1975.
The Constitution of Greece was initially revised
by the 6th Revisionary Parliament in 1986 and
was revised for a second time by the 7th Revi-
sionary Parliament in 2001.
Note: One asterisk (*) indicates the provisions revised in 1986, while two asterisks (**) indicate those revised in 2001.
ALPHABETICAL INDEX
A Aghion Oros, 105 Aliens, extradition, 5 Alternative service, 4 Amendments, 73, 74, 75, 76 Amnesty, 47 Armed forces, 4, 45 Arrest, 5,6 Art, 16 Assemblies, 11 Association, 12, 89, 102 Athletics, 16
B Ballot, 51, 102 Bequeaths, 109 Bills, 42, 71-76, 98 Biomedical interventions, 5 Budget, 64, 72, 75, 79, 80
C Cabinet, 37, 38, 85 Cadastre, national 24 Censorship, 14 Childhood, 21 Church of Greece, 3 Citizenship, 4, 105, 111 Civil servants, 23, 29, 46, 56, 103 - 104 Compensation, 17 Confiscation, general, 7 Conscience, religious, 13 Constituent acts, in force, 111, 112 Constitution, revision, respect (of), 110, 120 Cooperatives, 12
137
Note: The numbers correspond to articles of the Constitution.
Correspondence, secrecy, 19 Council of Hellenes Abroad, 108 Court of Audit, 73, 98 Courts, 93-100A Courts, civil servants, 92 Courts, extraordinary, 8, 48 Crime, 6, 7 Currency, 80
D Death sentence, 7 Decentralization, 101 Decrees, 43, 95, 100 Defence, 4, 22, 68 Delegation of legislative power, 36, 43, 78 Demographic policy, 21 Detention, 6 Disabled, disability, 21, 88, 92 Discriminations, prohibition, 5
E Economic and monetary unification, 80 Economic and Social Committee, 82 Economic development, 79, 106 Education, 16, 112 Electoral expenses, 29 Electoral system, 54 Environment, 24 Equality, 4, 116 European integration, 28, 80 European Union, 70 Evidence illegally acquired, 19 Executive power, 26 Exploratory mandate, 37 Expropriation, 17, 18, 117 Extradition of aliens, 5
F Family, 9, 21 Felonies, 97 Financial statement of the State, 72, 79, 98 Foreign capital, 106, 107 Foreign military force, 27 Forest, 24, 117 Form of Government, 1, 110 Freedom of art and science, 16
138
Freedom of expression, 14 Freedom of movement, 5 Freedom of personality, 5 Freedom of press, 14 Freedom of religious conscience, 13 Freedom to unionise, 23 Freedom, personal, 5, 6, 7 Fundamental rights, protection, 25
G General Accounting Office, 75 General Commissioner, 90 Genetic identity, 5 Good usages, 5, 13, 93 Government, 26, 37, 82, 84 Government Gazette, 35 Government, right to introduce Bills 73, 75, 76
H Health, protection, 5 Highest Personnel Selection Council, 118 Holy Monasteries, 105 Holy Scripture, 3 Home’s asylum, 9
I Imprisonment, 5, 6, 62 Indemnity, 7 Independent authority, 9A, 15, 19, 56, 101A, 103 Information media, 14 Information society, 5A Interest, general 33, 106 Interest, national, 4, 28 Interest public, 17 International conventions, 28, 36 International law, 2, 5, 28, 100 International organisations, 28, 36 Interpretation of the statutes, authentic, 77 Investigation committees of the Parliament, 68 Island regions 101
J Journalist, 14 Judge, 8, 87-92
" , presidents of Supreme Courts, 90
139
Judicial committees, 8 Judicial functionaries, 87-91, 99 Judicial power, 26, 87
L
Law proposal, 71-75 Legacy, 109 Legal Council of the State, 100A Legal protection, 8, 20, 87 Legislative power, 26 Local affairs, 102 Local government agencies, 102
M Master plan, 24 Member of Parliament,
" , compensation, exemptions, 63 " , election, 51, 53 " , eligibility, 55 " , forfeiture of office, 29, 57, 100 " , freedom of opinion, 60 " , impediments of eligibility, 56 " , incompatibilities, 57, 100, 115 " , liability, 61, 62 " , oath, 59 " , prosecution, 61, 62 " , resignation, 60 " , of the Cabinet, 85, 86, 115
Military courts, 96 Minister, 43, 66, 69, 73-76, 81, 83-85, 90 Mixed jury courts, 97 Moral damage, 6 Motion of confidence, 84 Motion of censure, 84
N Nation, 1, 51 National Council of Foreign Policy, 82 National Radio and Television Council, 15 Naval Courts, 96 Newspaper, 14, 57
O Oath, 13, 33, 59
140
Old age, 21 Ombudsman, 101A, 103
P Pardon, 47 Parliamentary committees, 66, 68, 70-72, 74, 79
" control, 70 " elections, 51-54, 58, 100, 115 " resolutions, 111 " session, 40, 64
Parliament, " , Conference of Parliamentary Chairmen, 101A " , convocation, 40, 53 " , dissolution, 32, 41 " , investigation committees, 68 " , legislative work, 70-80 " , parliamentary control, 70 " , Plenum, 65, 70-72, 74, 76, 113 " , revision of the Constitution, 110 " , sections, 68, 70-72, 113 " , session, 64 " , sittings, 66 " , Speaker, 65 " , Standing Orders, 65, 68, 70-72, 113
Personal data, 9A Personality, development, 5 Personal liberty, 5, 6, 7 Petition for annulment, 95 Petition for reversal of final judgements, 95 Political parties, 29, 37, 38, 54, 68 Popular sovereignty, 1, 52, 120 Postal vote, 51 President of the Republic,
" , appointment of Prime Minister and Cabinet, 37, 38 " , election, 30-32, 34, 114 " , executive powers, 26 " , institutional role, 30 " , international representative of State, 36 " , legislative powers, 26, 42-44, 48 " , liability, 49, 115 " , message, 44 " , oath, 33 " , powers, 50 " , replacement, 34 " , validity of his acts, 35
Presidents of the highest courts, 90, 118 Press, 14, 15
141
Prime Minister, 37-38, 81-83 " , appointment, 37 " , replacement, 38
Principle of proportionality, 25 Private disputes, 94 Private economic initiative, 106 Private life, 9 Professors of university level institutions, 16, 56, 112 Property, 17, 18, 24, 117 Public administration, 94, 95, 101-104 Public enterprises, 23, 56, 57 Public order, 13, 18, 105 Public sector, 14, 57, 98, 103 Public servants, 46, 103, 104, 119 Public supplies, 14, 57, 98
R Race, 5 Radio and television, 14, 15, 57 Reciprocity, 28 Referendum, 44, 100 Regulatory decrees, 43, 95, 100 Religion, 3, 13, 14 Resistance, 120 Restrictive measures, 5 Retroactive criminal statute, 7
" , statute of taxation, 78 Revision of the Constitution, 110 Right of economic liberty, 5
" , to assemble, 11 " , to be elected, 55 " , to form associations, 12 " , to found and join political parties, 29 " , to information, 5A " , to petition public authorities, 10 " , to prior hearing, 20 " , to protection of environment, 24 " , to protection of health, 5 " , to strike, 23 " , to vote, 51
Rights, abusive exercise, 25 Rights, Bills voted by the Plenum, 72 Rights, general protection, 25 Rights, suspension, 48
142
S Sanctuary, home, 9 Science, 16 Social dialogue, 82 Social security, 22 Speaker of Parliament, 35, 61, 62, 65, 69, 81, 86 Special Highest Court, 58, 100, 115 Standing Orders of Parliament, 32, 44, 65, 66, 68, 70,
71, 72, 74, 76, 79, 101A, 103, 113 State Deputies, 54, 56 State of siege, 48 Supreme Administrative Court, 88, 90, 91, 94-95, 100,
103, 118 § 5, 119 Supreme Disciplinary Council, 91, 115, 118 Supreme Judicial Council, 90
T Taxation, 78 Television, 15 Territory, Greek, 27 Titles of nobility, 4 Torture, 7 Transparency of information media, 14 Transparency of political parties, 29
U Undersecretary, 37, 66, 69, 81, 83-86 University level institutions, 16
" , Professors, 16, 56, 112
V Value of human being, 2, 15 Violence, 7 Vote, right to, 51
W War, 7, 36, 48 Will, 109 Work, 22
Y Youth, 15, 21, 29
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THE EDITION OF "THE CONSTITUTION OF GREECE, AS REVISED ÂÕ ÔHE PARLIAMENTARY RESOLUTION OF APRIL 6th 2001 OF THE VIIth REVISIO- NARY PARLIAMENT", WAS PRINTED FOR THE HELLENIC PARLIAMENT, BY THE PUBLISHING HOUSE "EPTALO- FOS", IN 5.000 COPIES, IN THE ENGLISH LANGUAGE IN JULY 2004, WHEN SPEAKER OF THE HELLENIC PARLIA- MENT WAS PROF. ANNA BENAKI.