Adopted on: ۱۱ June ۱۹۷۵
[Quasi-Preamble]
In the name of the Holy and Consubstantial and Indivisible Trinity٫ the Fifth
Constitutional Assembly of Greece votes:
Part I Fundamental Provisions
Section I Form of Government
Article ۱ [Parliamentary Democracy]
(۱) Greece is a Parliamentary Democracy with a President as Head of State.
(۲) Popular sovereignty is the foundation on which the form of government
rests.
(۳) All powers are derived from the People٫ exist for the benefit of the People
and the Nation٫ and are exercised in the manner determined by the Constitution.
Article ۲ [Human Dignity]
(۱) Respect for and protection of human dignity constitute the primary
obligation of the State.
(۲) Greece٫ following the generally accepted rules of international law٫ seeks
consolidation of peace and justice and fostering of friendly relations among
Peoples and States.
Section II Relations between church and state
Article ۳ [Relations of Church and State]
(۱) The prevailing religion in Greece is that of the Eastern Orthodox Church of
Christ. The Orthodox Church of Greece acknowledging as its head Our Lord Jesus
Christ is indissolubly united in doctrine with the Great Church of
Constantinople and every other Church of Christ of the same doctrine. It
observes steadfastly٫ as they do٫ the holy apostolic and synodical canons and
the holy tradition. It is autocephalous٫ exercising its sovereign rights
independently of any other church٫ and is administered by the Holy Synod of
Bishops and the Parliament Holy Synod which emanates from the former and is
constituted in accordance with the Constitutional charrrt of the Church and
the provisions of the Patriarchal Document of ۲۹ June ۱۸۵۰ and the Synodal Deed
of ۴ September ۱۹۲۸.
(۲) The religious status prevailing in certain parts of the State is not
contrary to the provisions of the aforegoing paragraph.
(۳) The text of the Holy scriptttures shall be maintained unaltered. The
official translation thereof into any other linguistic form٫ without the
sanction of the Autocephalous Church of Greece and the Great Church of Christ
in Constantinople٫ is prohibited.
Part II Individual and Social Rights
Article ۴ [Citizenship and Equality]
(۱) All Greeks are equal before the law.
(۲) Greek men and Greek women have equal rights and obligations.
(۳) Greek citizens are those who possess the qualifications specified by the
law. No one shall be deprived of his citizenship save in the case of persons
assuming on their own free will another citizenship or joining a service in
another country which is contrary to the national interests٫ in accordance with
the conditions and procedure laid down by the law in detail.
(۴) Only Greek citizens shall be eligible for public service save in those
cases where exceptions are introduced by specific legislation.
(۵) Greek citizens shall٫ without discrimination٫ contribute towards sharing
the burden of public expenditure according to their ability.
(۶) Every Greek able to bear arms shall be obliged to assist in the defence of
the nation٫ as provided by law.
(۷) Titles of nobility or distinction shall neither be conferred upon٫ nor
recognized in Greek citizens.
Article ۵ [Freedom٫ Integrity]
(۱) Each person is entitled to develop his personality freely and participate
in the social٫ economic٫ and political life of the country٫ provided that he
does not encroach upon the rights of others٫ the Constitution٫ or bona mores.
(۲) All persons within the Greek State enjoy full protection of their life٫
honor٫ and freedom٫ irrespective of nationality٫ race٫ creed٫ or political
allegiance. Exceptions shall be permitted in such cases as are provided for by
international law. Aliens persecuted for acts carried out in defence of their
freedom shall not be extradited.
(۳) Personal liberty is inviolable. No person shall be prosecuted٫ arrested٫
imprisoned٫ or otherwise restricted٫ save when and in the manner specified by
law.
(۴) Individual administrative measures restricting free movement or freedom of
residence in the country and the right of every Greek to leave or enter Greece
shall be prohibited. Such measures may be taken in cases of extraordinary
emergency and only for the prevention of illegal acts٫ following the decision
of a penal court as the law provides. In cases of utmost urgency٫ the ruling of
the court may be issued after the administrative act has been taken٫ but not
later than three days; if not the said administrative act shall be lifted
ipso jure.
Article ۶ [Arrest]
(۱) No person shall be arrested or imprisoned without a judicial warrant
stating the reasons٫ which must be served upon him at the moment of arrest or
imprisonment٫ pending trial. This provision does not apply to crimes committed
in flagrante delicto.
(۲) Any person taken in the act or arrested on the basis of a warrant of
arrest٫ shall be brought before the competent examining magistrate within
twenty-four hours of the time of arrest٫ at the latest٫ or٫ if the arrest was
made outside the seat of the examining magistrate٫ within the time which is
absolutely necessary for his conveyance thereto. The examining magistrate must٫
within at the most three days of such appearance٫ either release such person or
issue a warrant for his imprisonment. The time limit shall be extended for up
to two days at the request of the person arrested or in the event of force
majeure which shall be certified by a ruling of the competent judicial council.
(۳) Upon expiry of either of these time limits without any such action
havinggg been taken٫ any warder or any other person٫ whether civilian or
military٫ in charrrge of the detainee must release the same. Violators of
these provisions shall be punished for illegal confinement and shall have to
make good any loss sustained by the injured party and give satisfaction to the
same for moral injury by such sum of money as the law provides.
(۴) The law shall determine the maximum term of imprisonment pending trial
which cannot exceed one year for felonies and six months for misdemeanors. In
the event of extraordinary circumstances٫ the said maximum may be extended by
six and three months respectively٫ by a ruling of the competent judicial
council.
Article ۷ [Nullum Crimen Sine Lege]
(۱) No offence shall exist٫ nor shall any punishment be
imposed٫ unless a law determining the details has been in force prior to the
commission of the act. Punishment can never be heavier than provided by the law
in force when the act was committed.
(۲) Torture and any kind of bodily ill-treatment٫ injury to health٫ or the use
of psychological pressure or any other offence against human dignity are
prohibited and shall be punished according to the law.
(۳) General confiscation is prohibited. The death penalty shall not be imposed
for political crimes save for compound ones.
(۴) The law specifies the terms under which the State following a judicial
decision shall indemnify persons unjustly or illegally sentenced٫ or imprisoned
pending trial٫ or otherwise deprived of their personal freedom.
Article ۸ [Natural Judge]
No person shall be denied the right to his lawful judge without his consent.
Judicial committees and extraordinary courts under any name whatsoever٫ shall
not be established.
Article ۹ [Inviolability of Home]
(۱) Each man''s home is inviolable. A person''s personal and family life is
inviolable. No house searches shall be made except when and as the law directs٫
and always in the presence of representatives of the judicial authorities.
(۲) Offenders against the aforegoing provision shall be punished for forced
entry into a private house and abuse of power٫ and shall be obliged to
indemnify in full the injured party as the law provides.
Article ۱۰ [Petition]
(۱) Each person has and several persons acting together have the right٫
adhering to the laws of the State٫ to address written petitions to authorities٫
and said authorities must promptly react on the basis of the existing
regulations and furnish in writing a reasoned answer to the petitioner in
accordance with the law.
(۲) Action for offenses possibly contained in the petition may be initiated
against the petitioner only after the serving of the final decision by the
authority to which the petition was addressed and with the permission thereof.
(۳) Requests for information must be complied with by the competent authority٫
if this be provided by law.
Article ۱۱ [Assembly]
(۱) Greeks have the right to assemble peaceably and without arms as the law
provides.
(۲) The police may be present at public open air meetings only. Open air
meetings may be prohibited by police decision stating the reasons٫ generally if
danger to public security is imminent therefrom٫ and in the case of specific
areas if the disruption of social and economic life is seriously threatened٫ as
the law provides.
Article ۱۲ [Association]
(۱) Greeks have the right to establish non-profit unionnns and associations٫
observing the laws of the State which cannot٫ however٫ make the exercise of
such right subject to previous permission by the Government.
(۲) An association may not be dissolved for violating the laws or a fundamental
provision of the by-laws without a court decision.
(۳) The provisions of the aforegoing paragraph also apply per anlogia to
unionnns which do not constitute an association.
(۴) Restrictions on the right of association of civil servants may be imposed
by law. Restrictions on the same right may also be imposed upon local
government employees or those of other bodies corporate of public law٫ or
public enterprises.
(۵) Agricultural and urban co-operation of any kind shall be self-governed in
accordance with the provisions of the law or their by-laws and shall be placed
under the protection and
supervision of the State which shall be obliged to provide for the development
thereof.
(۶) Law may establish compulsory co-operatives which shall aim at achieving
goals٫ relating to the common good or the public interest or the joint
exploitation of agricultural areas or other material resources٫ safeguarding in
every case equality of treatment of those participating therein.
Article ۱۳ [Religion]
(۱) The freedom of religious conscience is inviolable. The enjoyment of civil
and individual rights does not depend on the religious conviction of each
individual.
(۲) Every known religion is free and the forms of worship thereof shall be
practiced without any hindrance by the State and under protection of the law.
The exercise of worship shall not contravene public order or offend morals.
Proselytizing is prohibited.
(۳) The ministers of all religions are subject to the same obligations towards
the State and to the same state supervision as the ministers of the established
religion.
(۴) No person shall٫ by reason of his religious convictions٫ be exempt from
discharrrging his obligations to the State٫ or refuse to comply with the laws.
(۵) No oath shall be imposed without a law specifying the form thereof.
[Part II … Individual and Social Rights]
Article ۱۴ [Freedom of Expression and Press]
(۱) Any person may express and propagate his opinion orally٫ in writing٫ or in
print٫ with due adherence to the laws of the State.
(۲) The press is free. Censorship and all preventive measures are prohibited.
(۳) The seizure of newspapers and other printed matter٫ either before or after
circulation٫ is prohibited. By exception٫ seizure after publication is
permitted upon instruction by the Public Prosecutor because of:
a) insult to the Christian and all other known religions٫
b) insult to the person of the President of the Republic٫
c) a publication which discloses information relating to the composition٫
armament٫ and disposition of the armed forces or the fortifications of the
country٫ or aims at violently overthrowing the political system or is directed
against the territorial integrity of the State٫
d) obscene publications which manifestly offend public decency٫ in the cases
specified by law.
(۴) In all of these cases٫ the Public Prosecutor must٫ within twenty-four hours
of the seizure٫ submit the case to the judicial council which٫ within a further
twenty-four hours٫ must decide whether the seizure shall be maintained or
withdrawn٫ otherwise the seizure shall be lifted ipso jure. The publisher of
the seized newspaper or other printed matter and the Public Prosecutor are
allowed to appeal to the Appeal Court and the Supreme Court.
(۵) The law shall determine the manner rectifying in full through the press
erroneous publications.
(۶) After at least three convictions within a five year period for crimes
specified in Paragraph (۳) hereof٫ the court shall order the permanent or
temporary suspension of issue of the publication and٫ in serious cases٫
prohibit the practice of the profession of journalist by the person convicted٫
as provided by law. Such suspension or prohibition shall commence from such
time as the sentence becomes irrevocable.
(۷) Press offenses shall be deemed offenses in flagrante delicto and shall be
judged by the courts as the law provides.
(۸) The law determines conditions and qualifications for the practice of
journalism.
(۹) The law may lay down that financing newspapers and periodicals be made
known.
Article ۱۵ [Supervised Media]
(۱) The provisions on the protection of the press contained in the aforegoing
article shall not be applied to motion pictures٫ phonography٫ radio٫
television٫ and all other similar means of transmitting speech of image.
(۲) Radio and television are placed under the immediate supervision of the
State and shall aim at the transmission of objectttive information and news
under conditions of equality٫ as well as works of literature and art٫
safeguarding in every case such quality in the broadcasts as may become
necessary by the social function thereof and the cultural development of the
country.
Article ۱۶ [Education]
(۱) Art and science٫ research٫ and teaching are free and their development and
promotion constitutes a state obligation. Academic freedom and the freedom to
teach do not override the duty to obey the Constitution.
(۲) Education constitutes a fundamental state objectttive and aims at the
moral٫ intellectual٫ professional٫ and physical instruction of the Greeks٫ the
development of national and religious consciousness٫ and the formation of free
and responsible citizens.
(۳) The years of compulsory schooling may not be less than nine.
(۴) All Greeks have the right to free education in the state schools at all
levels. The State supports outstanding students and those needing support or
special protection according to their needs.
(۵) University level education is provided exclusively by institutions which
are bodies corporate of public law and fully self-governed. The said
institutions are under the supervision of the State and entitled to financial
support. They operate on the basis of the laws relating to their organization.
Merging or fragmentation of the university level institutions may take place
despite any provision to the contrary٫ as the law determines. The professors of
the university level institutions may not be dismissed before the expiry of the
term of their employment٫ as laid down by law٫ save under the essential
preconditions specified in Article ۸۸ (۴) and following the decision of a
committee comprising a majority of high judicial functionaries٫ as the law
provides.
(۶) Professors of the university level education institutions are public
functionaries. The rest of the teaching staff thereof also holds public office٫
under the preconditions laid down by the law. Matters relating to the status of
all the aforementioned shall be determined by the Rules and Regulations of the
respective institutions. A law shall determine the age limit for the professors
of university level institutions٫ and until such law be issued٫ the professors
already employed shall depart ipso jure upon expiry of the academic year in
which they attain their sixty-seventh year.
(۷) Vocational and any other special instruction is provided by the State
through schools of higher status and for a period not exceeding three years٫ as
is specially laid down by the law which also determines the rights pertaining
to the occupation of those who graduate from such schools.
(۸) A law shall determine the preconditions and the terms under which permits
for the establishment and operation of private schools are issued and matters
relating to the supervision exercised thereover and the professional status of
the teaching staff thereof. The establishment of university level schools by
private citizens is prohibited.
(۹) Sport shall be under the protection of and shall be supervised at the
highest level by the State. The State shall subsidize and control association
of sports clubs of any kind٫ as the law provides. A law shall also determine
the disposal of the subsidies provided٫ in accordance with the aims of the
associations which shall receive the same.
Article ۱۷ [Property]
(۱) Property stands under the protection of the State; the rights٫ however٫
derived therefrom٫ may not be exercised in a manner detrimental to the public
interest.
(۲) No one shall be deprived of his property except for the public benefit٫
which shall be duly ascertained٫ when and as the law directs and always after
full indemnification. Such indemnification must be commensurate with the value
of the expropriated property at the time of the court hearing for the temporary
fixing of indemnification. In the case of direct petition for the final fixing
of indemnification٫ the value of the property at the time of court hearing
relating thereto shall be taken into consideration.
(۳) Any change in the value of the expropriated property which may occur after
the publication of the expropriation act and may only result therefrom٫ shall
not be taken into account. A law may determine the contribution to the State
expenditure by those who shall benefit from the construction of utilities or
works of overall significance for the economic development of the country.
(۴) The indemnification shall at all times be fixed by the civil courts٫ and
may be determined provisionally by court٫ after a hearing or summoning of the
beneficiary who may be obliged٫ at the discretion of the court and in order to
receive such indemnification٫ to offer an appropriate guarantee in the manner
determined by law. Prior to the payment of either the final or the provisional
indemnification٫ all the rights of the proprietor shall be intact and the
dispossession thereof shall be prohibited. The specified indemnification must
be paid within one year and a half from the publication of the order
determining provisionally such indemnification٫ and in the case of petitions
for the final determination thereof from the publication of the relevant court
order٫ otherwise the expropriation is lifted ipso jure. The indemnification as
such shall not be subject to any tax٫ deduction٫ or charrrge.
(۵) A law may determine the cases of compulsory compensation to beneficiaries
for the lost revenue from the expropriated real property up to the time of
payment of the indemnification.
(۶) In the case of construction of utilities or works of more general
significance for the national economy٫ a law may allow the expropriation in
favor of the State of areas extending beyond the ones strictly necessary for
the construction of the works. The same law shall determine the preconditions
and terms of such an expropriation as well as the disposal or utilization of
the additional expropriated property required for the works under construction٫
with a view to serving public purposes in general.
(۷) A law may provide that in the case of construction of works which are
obviously useful to the public and for the benefit of the State or bodies
corporate of public law or local authorities or utilities or public
enterprises٫ it shall be allowed to dig underground tunnels up to the necessary
depth and without the payment of the necessary indemnification provided that
the usual exploitation of the overlying real property be unimpeded.
Article ۱۸ [Special Cases of Property٫ Requisition]
(۱) Special laws shall determine questions relating to the ownership and
disposal of mines٫ quarries٫ caves٫ archaeological treasures٫ mineral waters٫
freely-flowing and subterranean waters٫ and the subterranean natural resources
in general.
(۲) A law shall determine questions relating to the ownership٫ exploitation٫
and administration of shoals and large lakes and those relating in general to
the disposition of the areas reclaimed through the draining thereof.
(۳) Special laws shall regulate the questions relating to requisitioning for
the need of the armed forces in case of war or mobilization in order to meet
urgent social needs which may endanger public order or health.
(۴) The reallocation of agricultural lands with a view to
improving efficiency of their cultivation and measures with a view to avoiding
excessive fragmentation or facilitating the regrouping of the fragmented small
holdings shall be allowed and effected in accordance with the procedure
specified by special law.
(۵) In addition to the cases mentioned in the aforegoing paragraph٫ a law may
provide for any further restriction on the free use and exploitation of
property which may be necessary due to special circumstances. The law shall
specify the obligor and the procedure whereby the price of use and exploitation
shall be paid to the person entitled thereto٫ which must correspond to the
conditions prevailing in each instance. Any measures remain in force without
just cause٫ the Council of State at the request of any person havinggg a
lawful interest therein shall decide on the lifting thereof٫ according to the
category whereunder the case falls.
(۶) The law may determine the terms under which abandoned land can be disposed
of with a view to the utilization thereof for the benefit of the national
economy and the restitution of landless persons. The same law shall determine
the question relating to the partial or full indemnification payable to the
owners thereof should they reappear within a reasonable time limit.
(۷) A law may establish compulsory joint ownership of adjoining real estate
properties in urban areas provided that the separate development of them or of
some of them is not compatible with the development requirements which are or
may in the future be in force in the district in question.
(۸) The agricultural property of the Holy Monasteries of Stavropigiaka of Saint
Anastasia٫ the Pharmakolytria in Chalkidiki٫ the Monastery of Vlatades in
Thessaloniki٫ and the Monastery of John the Evangelist the Theologian in
Patmos٫ shall be exempt from expropriation; the provision does not apply to
agricultural property situated outside the area of the monastery. Likewise٫ the
property of the Patriarchates of Alexandria٫ Antiochia٫ and Jerusalem and that
of the Holy Monastery of Sinai which is situated in Greece shall be exempt from
expropriation.
Article ۱۹ [Secrecy of Correspondence]
The privacy of correspondence and any other form of communication is absolutely
inviolable. The law shall determine the guarantees under which the judicial
authority is released from the obligation to observe the abovementioned right٫
for reasons of national security or for the investigation of particularly
serious crimes.
Article ۲۰ [Recourse to Courts]
(۱) All citizens are entitled to lawful protection by the courts and may
present their views in relation to their rights or interests٫ as laid down by
the law.
(۲) The same right of the interested party to a prior hearing is also
applicable to any administrative act or measure which is taken against the
rights or interests thereof.
Article ۲۱ [Family]
(۱) The institution of the family٫ being the foundation of the preservation and
improvement of the nation٫ as well as marriage٫ motherhood٫ and childhood٫
shall be protected by the State.
(۲) Families with a large number of children٫ war and peace invalids٫ war
victims٫ widows٫ and orphans of persons killed in the war٫ and those suffering
from mental or physical illness shall be under special state care.
(۳) The State shall be concerned with the health of the citizens and shall take
special measures for the protection of youth٫ old age٫ cripples٫ and those who
are destitute.
(۴) The provision of homes to those who are homeless or live in inadequate
housing conditions shall be the subject of special care by the State.
Article ۲۲ [Work٫ Social Security]
(۱) Work is a right and shall be placed under the protection of the State٫
which shall take measures with a view to creating conditions for full
employment and for the moral and material improvement of the working
agricultural and urban population.
(۲) The general conditions of work shall be determined by law and supplemented
by collective agreements arrived at by free collective bargaining and٫ in the
event of their havinggg failed٫ by the regulations fixed by arbitration.
(۳) All forms of compulsory labor shall be prohibited. Special laws shall
determine matters relating to the forcible recruitment of personal services in
the event of war or mobilization or for the benefit of the defence needs of the
country or in the case of social emergency caused by a natural catastrophe or
likely to endanger public health٫ and matters relating to the services offered
to local authorities with a view to satisfying local needs.
(۴) The State shall provide for the social security of the workers٫ as the law
provides.
Article ۲۳ [unionnns٫ Right to Strike]
(۱) The State shall take the appropriate measures for the safeguarding of trade
unionnn freedom and the unimpeded exercise of the rights relating thereto
against any violation thereof٫ within the limits of the law.
(۲) The right to strike shall be exercised by the duly constituted trade
unionnns with a view to preserving and promoting the economic interests of the
workers and those relating to their work in general. Any strike whatsoever by
judicial functionaries and members of the security forces is prohibited. The
right to strike is placed under the limitation imposed by law in the case of
civil servants٫ employees of local authorities٫ bodies corporate of public law٫
and the personnel of public enterprises of any kind or utilities٫ the operation
whereof is of vital importance for the satisfaction of basic needs of society
as a whole. The said limitations cannot be extended to include the abolition of
the right to strike or impede the lawful exercise thereof.
Article ۲۴ [Environment]
(۱) The protection of the physical and cultural environment constitutes an
obligation to the State. The State must take special preventive or repressive
measures for the conservation thereof. A law shall regulate matters relating to
the protection of forests and forest areas in general. Any change in the land
uses of public forests or public forest areas shall be prohibited٫ unless the
agricultural use thereof or any other use be beneficial to the national economy
or dictated by the national interests.
(۲) The regional restructuring of the country٫ the configuration٫ development٫
planning٫ and extension of cities and housing areas in general shall be placed
under the regulatory competence of and control by the State with a view to
achieving the best possible living conditions and enhancing the functionality
and development of the said housing areas.
(۳) The properties contained in a given area shall compulsorily participate٫
without receiving any compensation form the local agencies٫ in making the
necessary land available for the construction of roads٫ squares٫ and communal
units and spaces٫ and in covering the cost of the construction of basic town
planning works for public use٫ as the law provides٫ with a view to recognizing
the said area as housing area and revitalizing the same.
(۴) A law may provide for the participation by the property owners of a given
area designated as residential in the overall development and planning on the
basis of an approved plan٫ through an exchange of their real estate property in
blocks of flats not extending to the land underneath (horizontal property)٫
sited in the parts of the area which shall finally be designated as building
land or structures in the said area.
(۵) The provisions of the aforegoing paragraphs shall apply to the
rehabilitation of already existing housing areas. The areas
cleared as a result shall be used for the creation as communal spaces or the
construction of communal units or sold in order to cover the cost of the town
redevelopment٫ as the law provides.
(۶) Monuments and historical sites shall be protected by the State. A law may
determine the measures necessary for such protection which may restrict the
rights of the owners therein٫ and the mode and kind of compensation payable to
the said owners.
Article ۲۵ [Protection of Fundamental Rights]
(۱) The right of human beings as individuals and as members of the social body
are guaranteed by the State٫ all the functionaries whereof are obliged to
safeguard the unimpaired exercise thereof.
(۲) The recognition and protection of the fundamental and inalienable rights of
man by the State shall aim at achieving social progress in freedom and justice.
(۳) Abuse of rights shall be prohibited.
(۴) The State has the right to demand of all citizens that they perform the
duty of social and national solidarity.
Part III Organization and Functions of the State
Section I General Provisions
Article ۲۶ [Legislative Power]
(۱) The legislative power shall be exercised by Parliament and the President of
the Republic.
(۲) The execccutive power shall be exercised by the President of the Republic
and by the government.
(۳) The judicial power shall be exercised by the courts and their decisions
shall be execccuted in the name of the Greek People.
Article ۲۷ [Boundaries]
(۱) No alteration in the boundaries of the State shall be effected without a
law passed by the absolute majority of the total number of deputies.
(۲) No foreign army shall be admitted within the boundaries of the Greek State٫
nor shall remain therein or pass through without a law passed by the absolute
majority of the total number of deputies.
Article ۲۸ [International Law]
(۱) The generally recognized rules of international law and the international
conventions after their ratification by law and their havinggg been put into
effect in accordance with their respective terms٫ shall constitute an integral
part of Greek law and override any law provision to the contrary. The
application of the rules of international law and international conventions in
the case of aliens shall always be effected on condition of reciprocity.
(۲) It shall be possible under the Constitution to recognize the competence of
bodies of international organizations by virtue of treaties or agreements with
a view to serving important national interests and promoting co-operation with
other countries. A majority of three fifth of the total number of deputies
shall be required for the passing of laws ratifying such treaties or
agreements.
(۳) Greece shall accept restrictions on the exercise of national sovereignty by
laws passed by the absolute majority of the total number of deputies٫ if this
be dictated by important national interests٫ if human rights and the
foundations of the democratic regime be not violated٫ and if this be effected
on the basis of the principle of equality and on condition of reciprocity.
Article ۲۹ [Political Parties]
(۱) Greek citizens who are eligible to vote can freely establish and
participate in political parties٫ the organization and activities whereof must
serve the free functioning of the democratic political system. Citizens who
have not yet
acquired the right to vote can participate in the youth organizations of
political parties.
(۲) A law may regulate matters relating to financial support given to political
parties by the State and the publication of expenditure incurred by parties and
candidates during elections.
(۳) Activities of any kind whatsoever in favor of political parties by judicial
functionaries٫ military personnel in general and personnel of the security
forces and civil servants٫ and the active support of the same by employees of
bodies corporate of public law٫ public enterprises٫ and local authorities shall
be absolutely prohibited.
Section II The President of the Republic
Chapter I Election of the President
Article ۳۰ [President]
(۱) The President of the Republic shall regulate the functions of the powers of
the State. He shall be elected by Parliament for a term of five years٫
according to the procedure specified in Articles ۳۲ and ۳۳.
(۲) The office of the President shall be incompatible with any other office٫
position٫ or function.
(۳) The Presidential term shall commence from the day when the President is
sworn in.
(۴) In the event of war٫ the Presidential term shall be extended until the
termination thereof.
(۵) The re-election of the same person shall be permitted only once.
Article ۳۱ [Eligibility]
Persons who have been Greek citizens for five years and through their father٫
have attained their fortieth year٫ and are legally eligible to vote٫ can be
elected to the office of President.
Article ۳۲ [Election]
(۱) The election of the President of the Republic by Parliament is effected by
open and nominal ballot in a specially convened session٫ caused by the speaker٫
not later than one month before the expiry of the term of the incumbent
President of the Republic according to the relevant provisions of the
Regulations. In the event of definitive inability to discharrrge his duties on
the part of the President of the Republic٫ as specified in Article ۳۴ (۲)٫ and
in the event of resignation or demise or his havinggg forfeited his office
according to the provisions of the Constitution٫ the parliamentary meeting for
the election of the new President of the Republic shall be held within ten days
from the premature expiry of the term of the previous President.
(۲) The election of the President of the Republic shall in every case be for a
full term.
(۳) The person who shall receive a two-thirds majority of the total number of
members of Parliament shall be elected President. In the event that such
majority not be achieved٫ voting shall be repeated after five days٫ and if
again the said majority be not attained٫ voting shall be repeated once more
five days after the day of the second vote٫ and the person who shall receive
three-fifth of the total number of votes shall be elected President of the
Republic.
(۴) If the said increased majority be not attained in the final vote٫
Parliament shall be dissolved within ten days from the said vote and elections
for a new Parliament shall be proclaimed. The relevant decree shall be signed
by the incumbent President of the Republic٫ and if this be not possible by the
Speaker who shall replace him. The Parliament returned by the new elections
shall proceed immediately after it has been constituted as a body with the
election by open and nominal ballot of the President of the Republic with a
three-fifths majority of the total number of deputies. If the said majority be
not attained٫ the vote shall be repeated within five days and the
person who shall receive the absolute majority of the total number of deputies
shall be elected President. If even this majority be not attained٫ the vote
shall be repeated once again and after five days between the two candidates who
received the greater number of votes٫ and the one who shall receive the greater
number of votes this time shall be deemed elected President of the Republic.
(۵) If Parliament should not be in session٫ it shall be convoked in an
extraordinary session in order to elect the President of the Republic in
accordance with the provisions of Paragraph (۴). If Parliament has been
dissolved for any reason٫ the election of the President shall be postponed
until the new Parliament be constituted as a body and shall take place not
later than twenty days from that day٫ in accordance with the provisions of
Paragraph (۳) and (۴) hereof and Article ۳۴ (۱).
(۶) If the procedure for the election of the new President specified in the
aforegoing Paragraphs should not concluded in time٫ the incumbent President of
the Republic shall remain and discharrrge his duties even after the expiry of
his term until the new President be elected.
Article ۳۳ [Installation]
(۱) The elected President of the Republic shall assume his duties on the day
following expiry of the term of the outgoing President٫ and in all other cases
on the day following his election.
(۲) The President of the Republic shall take the following oath before
Parliament٫ and prior to his taking office:
"I swear in the name of the Holy٫ Consubstantial٫ and Indivisible Trinity to
observe the Constitution and the laws٫ to provide for the faithful observance
thereof٫ to defend the national independence and territorial integrity of the
country٫ to protect the rights and liberties of Greeks and to serve the public
interest and the progress of the Greek People."
(۳) A law shall determine the allowance payable to the President of the
Republic and the operation of the services to be established for the
discharrrge of his duties.
Article ۳۴ [Replacement]
(۱) The Speaker shall act as pro tempore deputy of the President of the
Republic when the latter has been abroad for more than ten days٫ died٫
resigned٫ forfeited his office٫ or became incapable of discharrrging his
duties for any reason٫ and in the absence of Parliament the Speaker of the last
Parliament٫ and in the event of his refusing to do or his being deceased٫ the
said duties shall be carried out by the Cabinet collectively. During the period
when the Presidential office is held by a deputy٫ the provisions relating to
dissolution of Parliament shall be suspended save the case of Article ۳۲ (۴)٫
as well as the provisions relating to the dismissal of government and recourse
to referendum in accordance with the provisions of Article ۳۷ (۴) and Article
۴۴ (۲).
(۲) Should the incapacity of the President of the Republic to discharrrge his
duties be extended beyond thirty days٫ Parliament shall be compulsorily
convened٫ even if the same has been dissolved٫ in order to decide with a
majority of three fifths of its members whether a new President should be
elected. In no case٫ however٫ shall the election of a President be delayed more
than six months from the commencement of the substitution thereof on grounds of
incapacity.
Chapter II Powers and Responsibilities of the President
Article ۳۵ [Countersignature]
(۱) No act of the President of the Republic shall be valid or execccuted
unless countersigned by the competent Minister who shall be rendered
responsible only through his signature and after such act has been published in
the Government Gazette. In the event of a government being dismissed٫ if the
Prime Minister refuses to countersign the relevant decree٫ it can be signed by
the President of the Republic alone.
(۲) By exception٫ the counter-signature shall not be required only in the
following cases:
a) The appointment of the Prime Minister.
b) The exploratory mandate٫ in accordance to Articles ۳۷ (۲)٫ (۳) and (۴).
c) The dissolution of Parliament in accordance to Articles ۳۲ (۴) and ۴۱ (۱)٫
if the Prime Minister does not countersign٫ as well as the dissolution in
accordance to the Article ۵۳ (۱)٫ if the Cabinet does not countersign.
d) The vetoing of bills or private members'' bills passed by Parliament
according to Article ۴۲ (۳).
e)The appointment of personnel to the departments of the Presidency of the
Republic.
(۳) The proclamation of a referendum on a bill٫ in accordance to Article ۴۴ (۲)
is countersigned by the Speaker.
Article ۳۶ [International Representation]
(۱) The President of the Republic without any prejudice to the provisions of
Article ۳۵ (۱) shall represent the State in its urelations to other States٫
declare war٫ conclude treaties of peace٫ alliance٫ economic co-operation and
participation in international organizations or unionnns٫ and announce the
same to Parliament with the necessary clarifications٫ if the interests and
security of the State so permit.
(۲) Commercial treaties and those relating to taxation٫ economic co-operation٫
and participation in international organizations or unionnns٫ and such other
treaties as contain concessions in regard to which٫ under the provisions of
this Constitution٫ nothing can be determined without a law٫ or which entail a
burden on Greeks as individuals٫ shall be invalid without the formal law which
ratifies them.
(۳) The secret articles of a treaty shall under no circumstances subvert the
published articles thereof.
(۴) The ratification of international treaties may not become the subject of
legislation authorization under Article ۴۳ (۲) and (۴).
Article ۳۷ [Appointment of Prime Minister]
(۱) The President of the Republic shall appoint the Prime Minister and٫ at the
recommendation of the latter٫ he shall also appoint the rest of the members of
the Government and the Deputy Ministers.
(۲) The leader of the party which shall have the absolute majority in
Parliament shall be appointed Prime Minister. If there is not such party٫ the
President of the Republic shall give the leader of the party which commands the
relative majority an exploratory mandate with a view to ascertain the
possibility of forming a government which shall enjoy the confidence of
Parliament.
(۳) If the formation of government is not thus attained٫ the President of the
Republic shall give the leader of the second party an exploratory mandate. If
even this mandate is without results٫ he shall give the leader of the third
party an exploratory mandate. Every mandate is given for a period of three
days. If all mandates fail٫ the President of the Republic shall convene the
leaders of all parties and٫ if the impossibility of formation of government
enjoying the confidence of Parliament is reconfirmed٫ then he shall try to
achieve the formation of a Government that shall proceed to elections. Should
this fail٫ he shall give to the President of the Council of the State or of the
Supreme Court or of the Council of Comptrollers the mandate of formation of a
Government٫ enjoying the widest possible acceptance٫ in order to dissolve the
Parliament and proceed to elections.
(۴) If a mandate is to be given٫ in accordance to aforegoing Paragraphs٫ to a
party that has not a leader or a representative٫ the President of the Republic
shall give it to a person appointed by the deputies of the said party. This
appointment must take
place not later than three days after the strength of the parties represented
in Parliament has been announced to the President of the Republic by the
Speaker.
{Interpretive Declaration: As regards to the exploratory mandates٫ if two
parties have the same number of deputies٫ then shall go first the party that
has obtained more votes at the elections. A party just formed and recognized by
the Regulation of the Parliament٫ shall follow a more ancient party with the
same number of deputies. In both cases٫ exploratory mandates shall not be given
to more than four parties.}
Article ۳۸ [Cabinet''s Dismissal]
(۱) The President of the Republic shall divest the Prime Minster of his duties
when the latter has resigned and when the Government has been defeated in
Parliament٫ in accordance with the provisions of Article ۸۴. In these cases٫
the provisions of Article ۳۷ (۲)٫ (۳) and (۴) shall apply. If the Prime
Minister who has resigned is the leader of a party havinggg the absolute
majority in Parliament٫ the provisions of Article ۳۷ (۳) shall apply.
(۲) If the Prime Minister resigns or dies٫ the President of the Republic shall
appoint at this post the person proposed by the deputies of its party٫ in a
period no longer than three days. Till the appointment of the new Prime
Minister٫ the first vice president of the Cabinet or the first in rank Minister
shall assume the functions of Prime Minister.
(۳) {…}
Article ۳۹ [Council of the Republic]
{…}
Article ۴۰ [Convocation of Parliament]
(۱) The President of the Republic shall convoke Parliament in ordinary session
once a year according to the provisions of Article ۶۴ (۱)٫ and in extraordinary
session whenever he deems it reasonable; he shall open and close each
Parliamentary term in person or through the Prime Minister.
(۲) The President of the Republic shall have the right٫ only once٫ to suspend
the work of a given Parliamentary session٫ either by postponing the opening or
by interrupting the continuance thereof.
(۳) The suspension of Parliamentary work shall not exceed thirty days٫ nor
shall it be repeated during the same Parliamentary session without the consent
of Parliament.
Article ۴۱ [Dissolution of Parliament]
(۱) The President of the Republic may dissolve Parliament٫ if two Governments
have resigned or defeated in the Parliament and its composition cannot achieve
stability of government. The elections shall be organized by the Government
enjoying the confidence of the dissolved Parliament. In every other case٫ the
provisions of the last phrase of Article ۳۷ (۳) shall apply.
(۲) The President of the Republic shall dissolve the Parliament at the
suggestion of a Government which has been given a vote of confidence٫ with a
view to renewing its mandate in order to deal with a problem of extraordinary
importance for the nation. The dissolution of the new Parliament for the same
reason is prohibited.
(۳) The dissolution Decree countersigned٫ in the case of the aforegoing
paragraph٫ by the Cabinet must at the same time comprise the proclamation of
new elections within thirty days and the convocation of the new Parliament
within another thirty days from the election.
(۴) A Parliament elected following the dissolution of the previous one may not
be dissolved before the expiry of one year from the commencement of its work٫
save in the case of Article ۳۷ (۳) and of the Paragraph (۱) of the present
Article.
(۵) The dissolution of Parliament is obligatory in the case of Article ۳۲ (۴).
Article ۴۲ [Ratification of Laws٫ Veto]
(۱) The President of the Republic shall issue and publish the laws passed by
Parliament within one month from the passing thereof. The President of the
Republic may٫ within the time limit specified in the aforegoing paragraph٫ send
back to Parliament a bill passed thereby٫ stating the reasons for his veto.
(۲) A bill or private member''s bill vetoed by the President of the Republic
shall be brought before the Plenary Session of Parliament٫ and should it be
passed again by the absolute majority of the total number of deputies٫
according to the procedure laid down by Article ۷۶ (۲)٫ the President of the
Republic shall issue and publish such bill within ten days from the second
passing thereof.
(۳) {…}
Article ۴۳ [Decrees]
(۱) The President of the Republic shall issue the decrees necessary for the
execccution of the laws٫ but he shall under no circumstances suspend the
operation of the laws nor exempt anyone from the execccution thereof.
(۲) It shall be permitted to issue Regulatory Decrees at the proposal of the
competent minister٫ on the basis of a specific authorization by law٫ and within
the limits thereof. Authorization for the issuance of regulatory decrees by
other administrative organs shall be allowed only in the case of regulation of
special matters or matters of local interest or technical or detailed
charrracter.
(۳) {…}
(۴) Laws passed by the Plenum of Parliament may authorize the issuance of
Regulation Decrees for the regulation of matters specified therein within a
general framework. The said laws will provide the general principles and
guidelines for the procedure to be followed and shall specify the time limit
within which such authorization must be made use of.
(۵) Matters which according to Article ۷۲ (۱) fall within the competence of the
Plenum of Parliament may not be the objecttt of the authorization mentioned in
the aforegoing paragraph.
Article ۴۴ [Acts of Legislative Content]
(۱) In extraordinary circumstances of most urgent and unforeseen need٫ the
President of the Republic may٫ at the suggestion of the Cabinet٫ issue acts of
legislative content. These acts shall be brought before Parliament for
approval٫ in accordance with the provisions of Article ۷۲ (۱)٫ within forty
days from the day of issuance or within forty days from the commencement of a
Parliamentary session. If the said acts be not submitted to Parliament within
the said time limits٫ or if they be not approved by Parliament within three
months from each submission٫ they shall become invalid for the future.
(۲) After a decision taken by a three fifths majority of the total number of
the members of the Parliament٫ in accordance to a proposition of the Cabinet٫
the President of the Republic shall proclaim by a decree referenda on national
questions of crucial importance. After a decision taken by a three fifths
majority of the total number of the members of the Parliament٫ following a
proposition of the two fifths thereof٫ the President of the Republic shall
proclaim by a decree referenda on bills passed by the Parliament regarding
serious social issues٫ with the exception of fiscal bills٫ in accordance to the
Regulation of Parliament and a law regulating the application of this
Paragraph. The proposition of more than one referendum on bills in the same
Parliamentary Term is prohibited.
(۳) In most extraordinary circumstances٫ after the conform opinion of Prime
Minister٫the President of the Republic may issue addresses to the people٫ which
shall be published in the Government Gazette.
Article ۴۵ [Commander in Chief]
The President of the Republic shall be the commander-in-chief of the armed
forces which shall be administered by the Government as the law provides. He
shall confer ranks upon those serving therein٫ according to the law.
Article ۴۶ [Appointment of Civil Servants]
(۱) The President of the Republic shall appoint and dismiss civil servants
according to the law٫ save in the case of exceptions provided by the law.
(۲) The President of the Republic shall confer the established decorations in
accordance with the provisions of the pertinent law.
Article ۴۷ [Pardon and Amnesty]
(۱) The President of the Republic shall have the right٫ following a proposal by
the Minister of Justice and havinggg consulted the opinion of a council which
contains a majority of judges٫ to pardon٫ commute٫ alter٫ or reduce sentences
pronounced by the courts of law and to lift legal consequences of any kind
emanating from sentences which have been pronounced and served.
(۲) The President of the Republic shall have the right to grant a pardon to a
minister sentenced according to Article ۸۶ only with the consent of Parliament.
(۳) Amnesty may only be granted in cases of political crimes٫ by a law voted in
Plenary Session of the Parliament by a majority of three fifths of the total
number of deputies.
(۴) Amnesty in the cases of common crimes may not be granted even by law.
Article ۴۸ [State of Siege]
(۱) In case of a state of war or mobilization due to external dangers or of
manifest threat to the national security٫ or in case of armed revolt against
the Democratic regime٫ the Parliament may٫ after proposition of the Cabinet٫
suspend throughout the country or in part thereof the operation of Articles ۵
(۴)٫ ۶٫ ۸٫ ۹٫ ۱۱٫ ۱۲ (۱)-(۴)٫ ۱۴٫ ۱۹٫ ۲۲٫ ۲۳٫ ۹۶ (۴)٫ and ۹۷ or some of these
Articles and put into effect the law on "state of siege" as this law may apply
on each occasion٫ and establish extraordinary tribunals. The President of the
Republic issue the resolution of the Parliament. This resolution defines also
the duration of the imposed measures٫ that can not be longer than fifteen days.
(۲) If the Parliament is in absence or it is not possible to convoke it in
time٫ the measures of the aforegoing Paragraph shall be taken by presidential
decree٫ after proposition of the Cabinet. This decree shall be brought to the
Parliament when its convocations becomes possible٫ even if its term has ended
or if it has been dissolved and٫ in any case٫ not later than fifteen days after
its issuance.
(۳) The duration of the measures of the aforegoing paragraphs can be extended
beyond fifteen days only by decision of the Parliament٫ each time for a period
of fifteen days. The Parliament is convoked therefore even if its term has
ended or if it has been dissolve.
(۴) The measures taken in accordance to the aforegoing paragraphs shall ipso
jure be lifted after the termination of the war and٫ in any other case٫ after
the expiration of the delays of the Paragraphs (۱)٫ (۲) and (۳) of the present
Article.
(۵) The President of the Republic may٫ after proposition of the Cabinet٫ issue
Legislative Acts٫ with a view to coping with the situation and the speedy
resumption of the operation of the constitutional institutions. These acts
shall be brought before Parliament for approval within fifteen days from the
day of issuance or from the day of the convocation of the Parliament. If the
said acts be not submitted to Parliament within the said time limits٫ or if
they be not approved by Parliament within fifteen days from their submission٫
they shall become invalid for the future. The law on the state of siege may not
be
amended while it is in force.
(۶) The decisions of the Parliament in accordance to Paragraphs (۲) and (۳) are
taken by the absolute majority of the total number of deputies٫ whereas the
decision in accordance to the Paragraph (۱) is taken by a majority of the three
fifths of the total number therof٫ in one only Session.
(۷) During the application of measures of the state of siege the provisions of
the Articles ۶۱ and ۶۲ shall remain ipso jure in force٫ even if the term of
Parliament has ended or if it has been dissolved.
Chapter III Special Responsibilities
Article ۴۹ [Immunity٫ Liability]
(۱) The President of the Republic shall not be held in any way responsible for
the acts carried out in the discharrrge of his duties٫ save in the case of
high treason or wilful violation of the Constitution. Prosecution for acts
unrelated to the discharrrge of his duties shall be postponed until the end of
the presidential term.
(۲) Impeachment motions against the President of the Republic shall be
submitted to Parliament in writing signed by at least one third of the members
thereof٫ and must be accepted by a decision taken by a two thirds majority of
the total number of the members thereof.
(۳) If such motion be accepted٫ the President of the Republic shall appear
before the special court provided for by Article ۸۶٫ and the provisions
relating thereto shall apply also in this case.
(۴) Following his impeachment٫ the President shall refrain from exercising his
duties and shall be replaced in accordance with the provisions of Article ۳۴.
He shall resume again his duties٫ if his term of office has not expired after
he has been acquitted by the court provided for by Article ۸۶.
(۵) A law to be passed by the plenum of Parliament shall regulate questions
relating to the implementation of the provisions of this Article.
Article ۵۰ [Enumerated Powers]
The President of the Republic shall have no powers other than those explicitly
assigned to him by the Constitution and by such special laws as are consistent
therewith.
Section III Parliament
Chapter I Election and Composition
Article ۵۱ [Deputies٫ Right to Vote]
(۱) The number of deputies shall be determined by law٫ but the total number may
not be less than two hundred or more than three hundred.
(۲) The deputies represent the Nation.
(۳) The deputies shall be elected by direct٫ universal٫ and secret ballot and
by citizens havinggg the right to vote as the law provides. The law cannot
restrict the right to vote٫ save in cases of persons who have not attained the
required age or on grounds of contractual incapacity or as a result of
irrevocable penal sentence for certain crimes.
(۴) General elections shall be held simultaneously throughout the State. A law
may regulate matters relating to the exercise of the right to vote by electors
who are abroad.
(۵) The exercise of the right to vote is obligatory. The law shall determine in
each case the exceptions and the penalties.
Article ۵۲ [Free Expression of Popular Will]
The free and genuine expression of the popular will٫ being the expression of
popular sovereignty٫ shall be guaranteed by all the functionaries of the State
who shall be obliged to safeguard the said popular sovereignty in every case. A
law shall determine the penalties for the violation of the aforegoing
provisions.
Article ۵۳ [Parliamentary Term]
(۱) Deputies shall be elected for four consecutive years starting from the date
of the general election. Upon the conclusion of the parliamentary term٫ the
holding of a general election within thirty days and the convocation of the new
Parliament in regular session within a further thirty days from the date of the
general election shall be ordered by presidential decree countersigned by the
Cabinet.
(۲) A Parliamentary seat which becomes vacant during the last year of a
Parliamentary term shall not be filled through a by-
election٫ when such an election is required by law٫ unless the number of
vacancies exceeds one fifth of the total number of deputies.
(۳) In the event of war٫ the Parliamentary term shall be extended for the whole
of the duration thereof. If Parliament has been dissolved there shall be no
general election until the conclusion of the war and the Parliament already
dissolved shall be revived ipso jure.
Article ۵۴ [Electoral Proceedings]
(۱) The electoral system and electoral districts shall be determined by law.
(۲) The number of deputies of each electoral district shall be determined by
presidential decree on the basis of the population lawfully residing therein as
shown in the latest census.
(۳) A part of Parliament comprising not more than one tenth of the total number
of deputies may be elected on the basis of the whole realm being treated as one
single constituency٫ and in proportion to the total percentage of the vote of
each party٫ as the law provides.
Chapter II Incompatibilities of Deputy Office
Article ۵۵ [Eligibility]
(۱) In order to be elected deputy one must be a Greek citizen٫ have the legal
right to vote and have attained twenty-five years of age by the day the
election is held.
(۲) Deputies deprived of any of the aforegoing qualifications shall ipso jure
forfeit the office of deputy.
Article ۵۶ [Incompatibilities]
(۱) Salaried civil functionaries and servants and officers of the army and the
security forces٫ employees of local authorities or other bodies corporate of
public law٫ mayors and presidents of village communities٫ governors or chairmen
of boards of directors of bodies corporate of public law or public or municipal
enterprises٫ public notaries٫ registrars of mortgages and transfers may not be
nominated candidates٫ nor may they be elected deputies٫ unless they resign
before their nomination as candidates. Such resignation shall take effect upon
its submission in writing.
(۲) By exception٫ university professors shall not be subject to the
restrictions of the aforegoing paragraph. A law shall regulate matters relating
to the substitution thereof٫ and the professors who shall be elected deputies
shall be barred from exercising the functions relating to their capacity as
university professors during the Parliamentary term.
(۳) Salaried civil servants٫ officers on active duty٫ and officers of the
security forces٫ employees of bodies corporate of public law٫ directors and
employees of state or municipal enterprises or institutions operating for the
public benefit may not be nominated candidates or elected in any district
wherein they served for more than three months during the last three years
before the election. The former secretaries general of Ministries who held that
position during the last four months of the four-year Parliament term shall be
subject to the same restrictions. The said restrictions shall not apply on the
candidates for deputies elected on the basis of the whole
realm (State deputies) and the lower ranks of employees of the central state
agencies.
(۴) Civil servants and members of the armed forces in general who have
undertaken in accordance with the law to remain in the service for a specific
term cannot be nominated as candidates nor elected deputies during such term.
Article ۵۷ [Incompatible Acts]
(۱) The duties of deputy shall be incompatible with the functions or the status
of member of board of directors or chairmen or director general or their
substitute or employee of a commercial firm or enterprise enjoying special
privileges or concessions or receiving a regular state subsidy by virtue of a
special law.
(۲) Deputies coming under any of the aforegoing categories must٫ within eight
days of the time when their election becomes final٫ declare their choice
between the office of deputy and the above-mentioned functions. Failing such
declaration they shall ipso jure forfeit the office of deputy.
(۳) Deputies who assume any of the duties or functions which are specified in
this and the aforegoing article and are deemed incompatible with being
candidate or deputy shall forfeit ipso jure their office.
(۴) Deputies may not undertake procurement٫ research٫ or the construction of
works for the State٫ the organizations of local authorities٫ or other bodies
corporate of public law or public or municipal enterprises٫ or farm state or
municipal taxes٫ nor may they lease real property owned by the aforegoing or
accept concessions of any kind on the said real property. Violation of the
aforegoing provisions shall result in forfeiture of the office of deputy and
the invalidity of the act which led to the said violation. Such acts shall be
null and void even when performed by commercial companies or enterprises
wherein the duties of a director or administrative or legal advisor are
performed by a deputy or when a deputy is a partner therein.
(۵) A special law shall provide for the mode of continuation٫ assignment٫ or
dissolution of agreements for the construction of works and the research
referred to in Paragraph (۴) which have been entered into by a deputy before
his election.
Article ۵۸ [Scrutiny]
The examination and verification of general election results٫ against the
validity of which objectttions may be raised regarding either electoral
irregularities during the conduct of the elections or lack of qualifications٫
shall be referred to the Court which shall be established under Article ۱۰۰.
Chapter III Duties and Rights of Deputies
Article ۵۹ [Oath]
(۱) Before entering upon their duties the deputies shall take the following
oath in the House of Parliament in public session: "I swear in the name of the
Holy٫ Consubstantial٫ and Indivisible Trinity to be loyal to the Motherland and
the democratic form of government٫ obey the Constitution and the laws and
discharrrge my duties conscientiously."
(۲) Deputies of other religions or dogmas shall give the same oath in the
manner of their own religion or dogma.
(۳) Deputies who enter upon their duties during the recess of Parliament shall
take the oath before a Department thereof which is in session.
Article ۶۰ [Rights of Deputies]
(۱) Deputies shall enjoy the unrestricted right to vote and express opinions
according to their conscience.
(۲) Deputies shall have the right to resign from the office of deputy; such
resignation shall take effect upon submitting a written statement to the
Speaker and shall be irrevocable.
Article ۶۱ [Indemnity٫ Non-Persecution]
(۱) Deputies shall not be persecuted or in any way questioned on account of an
opinion or vote given by them in the discharrrge of their duties as deputies.
(۲) Deputies may be prosecuted٫ with the leave of Parliament٫ for malicious
slander٫ according to law. The competent court shall be the Appeal Court. Leave
shall be deemed not granted if Parliament does not decide within forty five
days from the day when the indictment was received by the Speaker. In the event
that leave be not granted or the fixed period expire٫ the act shall be deemed
unindicted. This paragraph shall be applicable as from the next parliamentary
term.
(۳) Deputies shall not be questioned in relation to information received or
given by them in the discharrrge of their duties or in relation to persons who
entrusted them with such information or to whom they provided the same.
Article ۶۲ [Immunity]
During the parliamentary term no deputy shall be prosecuted٫ arrested٫
imprisoned٫ or in any way restricted without the leave of Parliament. Likewise٫
no deputy of Parliament which has been dissolved shall be prosecuted for
political crimes from the dissolution of the said Parliament and until the
declaration of the deputies of the new Parliament. Leave shall be deemed not
given if Parliament should not decide within three months from the day on which
the application of the Public Prosecutor to press charrrges be submitted to
the Speaker. The fixed period of three months shall be suspended during the
recess of Parliament. Leave shall not be required for crimes committed in
flagrante delicto.
Article ۶۳ [Remuneration]
(۱) Deputies shall receive compensation and an expense allowance from the
Public Treasury for the discharrrge of their duties. The amounts to cover both
the aforegoing shall be fixed by a decision taken by the plenum of Parliament.
(۲) Deputies shall be exempt from transportation٫ postal٫ and telephone
charrrges٫ the extent whereof shall be fixed by a decision taken by the plenum
of Parliament.
(۳) If a deputy be absent for more than five meetings per month without cause٫
one thirtieth of his monthly compensation shall be deducted for each absence.
Chapter IV Organization and Functioning of Parliament
Article ۶۴ [Ordinary Sessions]
(۱) Parliament shall meet ipso jure on the first Monday of October in regular
session for the annual parliamentary work٫ unless the President of the Republic
should convoke the same earlier under Article ۴۰.
(۲) The duration of the regular session shall be not less than five months
which shall not include the period of suspension under Article ۴۰.
(۳) The regular session shall be obligatorily extended until the passing of the
budget under Article ۷۹ or the passing of the special law under the same
article.
Article ۶۵ [Regulations of Parliament]
(۱) Parliament shall determine how it shall function in a free and democratic
manner laid down by its Regulations٫ which shall be passed by the Plenum in
accordance with Article ۷۶ and published in the Government Gazette at the
instructions of the Speaker.
(۲) Parliament shall elect its President (Speaker) and the other members of the
secretariat from its members according to the regulations.
(۳) The Speaker and the Vice-Presidents shall be elected at the beginning of
each Parliamentary term. This provision shall not apply to the Speaker and
Vice-Presidents elected for the current first session of the Fifth Revisionary
Parliament. Parliament may٫ at the proposal of fifty deputies٫ censure the
Speaker or a
member of the secretariat٫ which shall involve the termination of their tenure
of office.
(۴) The Speaker shall direct Parliamentary work٫ secure the unimpeded
functioning thereof٫ safeguard the free expression of opinion by the deputies٫
and maintain order; he shall have the right to take against any unruly
deputies disciplinary measures which are laid down in the Regulations of
Parliament.
(۵) The Regulations may provide for the setting up of a Parliamentary experts
committee which would assist in the legislative work of Parliament.
(۶) The Regulations shall determine the organization of the Parliamentary
services٫ under the supervision of the Speaker. The acts of the Speaker which
relate to the appointment and service conditions of Parliament personnel shall
be subject to appeal or petition for annulment before the Council of State.
Article ۶۶ [Publicity]
(۱) Parliament shall meet in public in the House of Parliament; it may٫
however٫ meet in camera at the request of Government or fifteen deputies٫
provided a decision to that effect is reached in secret session by a majority;
it shall then decide whether to repeat the debate on the same subject in
public session.
(۲) Ministers and Deputy-Ministers shall have free access to the meetings of
Parliament and shall be given a hearing whenever they ask for the floor.
(۳) Parliament and Parliamentary Committees may require the presence of
Ministers and Deputy-Ministers who are competent on the subjects under
discussion. Parliamentary Committees may summon٫ through the competent
Minister٫ any such public functionary whom they may consider useful for their
work.
Article ۶۷ [Quorum]
Parliament cannot make any decision without an absolute majority of the members
present٫ which under no circumstances shall be less than one fourth of the
total number of deputies. In the case of an equally divided vote the voting
shall be repeated and if the vote be again equally divided٫ the motion shall be
rejected.
Article ۶۸ [Committees]
(۱) At the beginning of each regular session٫ Parliament shall constitute
Parliamentary committees the members whereof shall be deputies٫ with a view to
processing and examining the bills and private members'' bills which have
been submitted and shall come before the Plenum and the Departments of
Parliament.
(۲) Parliament shall constitute committees of enquiry٫ the members whereof
shall be deputies٫ by a majority of two fifths of the total number of deputies
and following a proposal made by one fifth of the same number.
(۳) The constitution of committees of enquiry on matters relating to foreign
policy or national defence shall require a decision by Parliament taken by the
absolute majority of the total number of deputies. Matters relating to the
composition and functioning of the said committees shall be determined by the
Regulations of Parliament.
(۴) The Parliamentary committees٫ the committees of enquiry٫ and Departments of
Parliament operating under Articles ۷۰ and ۷۱ shall be composed in proportion
to the parliamentary strength of each party٫ group٫ or independent deputies٫ as
laid down by the Regulations.
Article ۶۹ [Reports to Parliament]
No one shall٫ without being summoned٫ appear before Parliament to report on any
matter either orally or in writing. Petitions may be presented through a deputy
or delivered to the Speaker. Parliament shall have the right to forward
petitions addressed to it to the ministers and Deputy-Ministers who shall be
obliged٫ whenever it be demanded٫ to provide explanations.
Article ۷۰ [Deliberations]
(۱) Parliament shall carry out its legislative work in plenum.
(۲) The Regulations of Parliament shall provide for the exercise of legislative
power٫ specified by the said Regulation٫ in Departments which shall not be more
than two and shall be subject to the restrictions laid down in Article ۷۲. The
composition and functioning of the Departments shall be decided on each
occasion by Parliament at the beginning of each session٫ by the absolute
majority of the total number of deputies.
(۳) The Regulations of Parliament shall also determine the allocation of
competence among Departments in terms of Ministries.
(۴) The constitutional provisions relating to Parliament shall apply to
Parliamentary work carried out in the plenum as well as in the Departments٫
unless it be otherwise provided.
(۵) The majority required for decisions taken by Departments of Parliament
shall not be less than two fifths of the deputies of the Department.
(۶) Parliamentary control shall be exercised by the plenum at least twice every
week٫ as the Regulations of Parliament provide.
Article ۷۱ [Recess]
During the recess of Parliament٫ the legislative work thereof٫ save legislation
which must be passed by the plenum in accordance with provisions of Article ۷۲
shall be carried out by a Department of Parliament which shall be constituted
and operate in accordance with the provisions of Articles ۶۸ (۳) and ۷۰.
Article ۷۲ [Competences]
(۱) The plenum shall discuss and vote upon the Regulations of Parliament and
draft bills and private members bills relating to the election of deputies٫
matters specified in Articles ۳٫ ۱۳٫ ۲۷٫ ۲۸٫ and ۳۶ (۱)٫ matters relating to
the exercise and protection of individual liberties٫ the operation of political
parties٫ the granting of authorization to legislate under Article ۴۳ (۴)٫
Ministerial responsibility٫ the state of siege٫ the salary of the President of
the Republic٫ the authoritative interpretation of laws according to Article ۷۷٫
and any other matter to come under the plenum by virtue of a special provision
of the Constitution or for the regulation whereof a special majority is
required. The plenum shall also vote on the budget and the Annual Report of the
State and Parliament.
(۲) The first reading٫ the article by article٫ and the final reading and the
voting upon all the bills or private members'' bills may be carried out by a
Department of Parliament٫ in accordance with the provisions of Article ۷۰.
(۳) The Department which shall vote on a draft bill or a private members''
bill shall also rule finally on its competence٫ and it may refer any dispute to
the plenum٫ by a decision taken by the absolute majority of the total number of
the members thereof. The decision of the plenum shall be binding upon the
Departments.
(۴) The Government may introduce bills of major importance to the plenum
instead of the Departments٫ to be discussed and voted upon.
(۵) The plenum may demand٫ following a decision taken by the absolute majority
of the total number of the members thereof٫ that draft bills or private
member''s bills pending before a Department be discussed by it and voted upon
in the stages of the first٫ article by article٫ and final reading.
Chapter V Legislative Function of Parliament
Article ۷۳ [Initiative]
(۱) The right of proposing laws shall belong to Parliament and the Government.
(۲) Bills relating in any way to the granting of pensions and the prerequisites
thereof shall be submitted only by the Minister of
Finance following a recommendation by the Council of Comptrollers. In the case
of pensions involving an increase in the budgetary expenditure of local
authority bodies or other bodies corporate of public law٫ the bills in question
shall be submitted by the competent Minister and the Minister of Finance. Such
bills on pensions must be specific٫ the insertttion of provisions regarding
pensions in laws designed to settle other matters being prohibited and
resulting in the annulment of the said bills.
(۳) No bill٫ amendment٫ or addition shall be introduced for discussion٫ if it
has been proposed by Parliament٫ so long as it entails the expenditure by or
reduction in the revenue or property of the State٫ local authority
organizations or other bodies corporate of public law for the payment of
salaries or pensions or for the benefit of an individual.
(۴) Amendments or additions٫ however٫ proposed by leaders of parties or
representatives of groups in accordance with the provisions of Article ۷۴ (۳)
shall be accepted in the case of bills relating to the organization of public
services and public bodies٫ the condition of service in general of civil
servants٫ military personnel and personnel of the local authorities or other
bodies corporate of public law and public enterprises in general.
(۵) Bills whereby local or specific taxes or burdens of any kind are levied in
favor of organizations or bodies corporate of public or civil law must be
countersigned also by the Minsters of Coordination and Finance.
Article ۷۴ [Procedure of Introduction]
(۱) All bills and private members'' bills must be accompanied by a report
stating the reasons therefor and before they can be introduced to Parliament٫
either the plenum or the departments٫ they may be forwarded to the Council of
State for processing or to the experts committee under Article ۶۵ (۵) when this
committee be established٫ in accordance with the Regulations.
(۲) The bills and private members'' bills which have been submitted to
Parliament shall be referred to the relevant Parliamentary Committee. After the
Committee has submitted its report thereon or the term set for this purpose has
expired٫ the bill shall be introduced to Parliament for discussion after three
days٫ unless the competent Minister has classified them as urgent. The debate
shall commence after an oral report thereon has been given by the competent
Minister and the rapporteurs of the Committee.
(۳) Amendments by deputies on bills an private members'' bills which fall
within the competence of the plenum or the Departments of Parliament shall not
be introduced for discussion unless they be submitted by the last day before
the debate and unless the Government consents to their being discussed.
(۴) No bill or private member''s bill shall be introduced for discussion if
it aims at the amendment of a provision of a law٫ unless it contains in the
introductory report the text of the provision to be amended in extenso and in
the text of the bill or private member''s bill the new provision in extenso
and as amended.
(۵) Bills and private members'' bills which contain provisions unrelated to
the main objecttt thereof shall not be introduced for discussion. No addition
or amendment shall be introduced for discussion unless it be related directly
to the main objecttt of the bill or private member''s bill. In the case of
doubt٫ the decision rests with the Parliament.
(۶) Once a month and on a day to be determined by the Regulations٫ pending
private members'' bills shall be included in the agenda according to priority
and shall be discussed.
Article ۷۵ [Bills Involving Budget Burden]
(۱) All bills and private members'' bills involving an increase in budgetary
expenditure٫ if submitted by Ministers٫ shall not be introduced for discussion
unless accompanied by a report by the General Accounting Office determining the
said increase; if
submitted by deputies٫ the bill٫ before any discussion٫ shall be submitted to
the General Accounting Office which shall be obliged to submit its report
within fifteen days; if by the end of this time no such report has been
submitted٫ the bill may be introduced for discussion without a report.
(۲) The same shall apply to amendments should the competent Ministers request
this٫ in which case the General Accounting Office shall be obliged to submit
its report within three days. Upon the expiry of this term the discussion may
take place without a report.
(۳) A bill involving expenditure or a reduction in budgetary revenue shall not
be introduced for discussion unless accompanied by a special report on the
manner of meeting the expenditure or reduction in revenue٫ countersigned by the
competent Minister and the Minister of Finance.
Article ۷۶ [Voting Proceedings]
(۱) All bills and private members'' bills brought before the plenum and the
Departments shall be discussed and voted upon once in principle٫ then article
by article٫ and finally as a whole.
(۲) As an exception٫ bills and private members'' bills shall be discussed by
the plenum twice at two different meetings removed from each other by at least
two days٫ in principle and article by article during the first debate and
article by article and as a whole during the second debate٫ if one third of the
total number of deputies should request so before the commencement of the
discussion in principle.
(۳) If amendments be accepted during the discussion٫ the vote upon the bill as
a whole shall be postponed for twenty-four hours after the amended bill or
private members'' bill has been distributed.
(۴) Bills or private members'' bills designated by the Government as
extremely urgent shall be introduced for voting after a limited debate in
which٫ in addition to relevant rapporteurs٫ the Prime Minister or the competent
Minister٫ the leaders of the parties represented in Parliament٫ and one
representative of each one of the shall participate. The regulations of
Parliament may limit the duration of the speeches and the debate.
(۵) The Government amy request that a bill or private member''s bill of
particular importance or urgency be discussed in a limited number of meetings
which cannot be more than three. Parliament can extend the debate for two more
meetings following the proposal of one tenth of the total number of deputies.
The duration of each speech shall be determined by the Regulations of
Parliament.
(۶) The voting of judicial or administrative codes compiled by special
committees established under special laws may be effected in the plenum by
special law ratifying the said codes as a whole.
(۷) The codification of existing provisions by simple classification thereof or
the re-enactment as a whole of repealed laws٫ except for taxation laws٫ may be
effected in the same manner.
(۸) Bills or private members'' bills which have been rejected by the plenum
or by a Department shall not be introduced again during the same session or to
the Department which will be in session after the termination thereof.
Article ۷۷ [Authoritative Interpretation]
(۱) The authoritative interpretation of the laws shall rest with the
legislator.
(۲) Laws which are not in effect interpretative shall become effective only
after the publication thereof.
Chapter VI Tax and Fiscal Administration
Article ۷۸ [Tax Laws]
(۱) No tax shall be imposed or collected without a law which shall determine
the subject of the tax٫ and the revenue٫ the kind of property٫ the expenses and
transactions or the categories thereof to which the tax relates.
(۲) Taxes or any other financial burdens cannot be imposed by law with
retroactive effect which extends beyond the financial year previous to the one
during which the tax shall be levied.
(۳) As an exception٫ in the case of imposition or increase of an import or
export duty or an indirect tax٫ the collection thereof shall be permitted as
from the date of submission to Parliament of the pertinent bill٫ upon condition
that the law be published within the time limits specified in Article ۴۲ (۱)٫
and in any case not later than ten days from the termination of the session.
(۴) The objecttt of taxation٫ the rate of the tax٫ the exemptions from
taxation and other concessions and the awarding of pensions cannot be made
subject to delegated legislative authority.
(۵) The determination by law of the manner in which the participation of the
State and public bodies in general٫ in the automatic revaluation of the
adjoining privately owned real property resulting exclusively from the
construction of public works٫ shall be assessed٫ does not contravene the
aforegoing prohibition.
Article ۷۹ [Budget Law]
(۱) In its annual ordinary session٫ Parliament shall vote the budget of the
State for the following year.
(۲) All the revenues and expenditures of the State shall be shown in the budget
and in the report on the budget returns submitted to it.
(۳) The budget shall be brought before Parliament by the Minister of Finance at
least one month before the commencement of the fiscal year٫ and shall be voted
in the manner determined by the Regulations of Parliament. The Regulations
shall safeguard the right of all the political grouping in Parliament tot
express their views ont he budget.
(۴) If the administration of revenues and expenditures as the budget provides
should become impossible for any reason٫ such administration shall be carried
out on the basis of a special law on each occasion.
(۵) If the vote upon the budget or the special law as aforesaid has become
impossible owing to the termination of the Parliamentary term٫ the force of the
budget of the fiscal year which has already or is about to terminate shall be
extended for four months by virtue of a decree published at the proposal of the
Cabinet.
(۶) A law may introduce the drawing up of a budget for two fiscal years.
(۷) Within at the latest one year from the end of the fiscal year٫ the report
on the budget returns and the general financial statement of the State shall be
brought before Parliament; both shall be examined by a special committee of
deputies and the voted by Parliament in the manner determined by the Regulation
of Parliament.f
(۸) The plans for economic and social development shall be approved by the
plenum as the law provides.
Article ۸۰ [Bills on Salaries٫ Pensions٫ and Currency]
(۱) No salary٫ pension٫ grant٫ or remuneration shall either be recorded in the
budget of the State or granted unless provided for by an organizational or
other special law.
(۲) A law shall provide for the minting of issuance of currency.
Section IV The Government
Chapter I Constitution and Duties of Government
Article ۸۱ [Cabinet]
(۱) The Government consists of the Cabinet which comprises the Prime Minister
and Ministers. The law shall determine matters referring to the composition and
function of the Cabinet. A decree caused by the Prime Minister may appoint one
or more Ministers Vice-Chairmen of the Cabinet. A law shall determine matters
concerning the positions of Ministers without portfolio٫ and Deputy Ministers
who may become members of the Cabinet and the position of the permanent Deputy
Ministers.
(۲) No person who does not satisfy the requirements for holding the office of
deputy٫ according to Article ۵۵٫ shall be appointed member of the Government or
Deputy Minister.
(۳) All professional activities of the members of the Government٫ the Deputy
Ministers٫ and the Speaker shall be suspended while they discharrrge their
duties.
(۴) A law may establish the incompatibility of the office of Minister or Deputy
Minister with other functions as well.
(۵) In the absence of Deputy Prime Minister٫ the Prime Minister shall٫ whenever
the need arises٫ appoint a Minister his substitute.
Article ۸۲ [Prime Minister]
(۱) The Government determines and directs the general policy of the State٫ in
accordance with the provisions of the Constitution and the laws.
(۲) The Prime Minister shall safeguard the unity of the Government and direct
the activity thereof and that of public services in general with a view to
implementing Government policy within the framework of the law.
Article ۸۳ [Ministers]
(۱) Each Minister shall exercise the duties allotted to him by law. Ministers
without portfolio shall exercise whatever duties they may be entrusted with by
the Prime Minister.
(۲) The Deputy Ministers shall carry out whatever duties they may be entrusted
with by a joint decision of the Prime Minister and the competent Minister.
Chapter II Relations between Parliament and Government
Article ۸۴ [Confidence of Parliament]
(۱) The Government must enjoy the confidence of Parliament. The Government must
ask for a vote of confidence from Parliament within fifteen days from the
swearing in of the Prime Minister and may do so at any other time. If
Parliament should be in adjournment when the Government is formed٫ Parliament
shall be convened within fifteen days in order to decide on the motion of
confidence.
(۲) Parliament may٫ by its decision٫ withdraw its confidence from the
Government or from a member of the Government. A motion of no confidence in the
Government may not be submitted before the lapse of six months from the
rejection by Parliament of such a motion. The motion of no confidence must be
signed by at least one sixth of the deputies and must contain in detail the
topic to be discussed.
(۳) By exception٫ a motion of no confidence may be submitted before the lapse
of the said six month period if it be signed by the total number of deputies.
(۴) The debate on the motion of confidence or no confidence shall commence two
days after the submission of the said motion٫ unless the Government in the case
of a motion of no confidence should ask for the debate to be held immediately٫
and may not be extended beyond three days from the commencement thereof.
(۵) The vote on the motion of confidence or no confidence shall be taken
immediately after the end of the debate; it may٫ however٫ be postponed for
forty-eight hours if the Government should ask for such postponement.
(۶) No motion of confidence shall be upheld unless it be approved by the
absolute majority of the deputies present٫ which may not be less than two
fifths of the total number thereof. A motion of no confidence shall only be
upheld if approved by the absolute majority of the total number of deputies.
(۷) The Ministers and Deputy Ministers who are also deputies shall be permitted
to vote on such motions.
Article ۸۵ [Responsibility]
The members of the Cabinet and the Deputy Ministers shall be jointly
responsible for the general policies of the Government٫ and each one of them
for the acts carried out by commission or omission within his competence٫ in
accordance with the provisions of the laws relating to ministerial
responsibility. No written or oral instruction by the President of the Republic
shall absolve the Ministers and Deputy Ministers from their responsibility.
Article ۸۶ [Impeachment]
(۱) Parliament shall have the right to impeach the present or former members of
the Government and Deputy Ministers٫ in accordance with the laws on the
responsibility of Ministers٫ before the ad hoc tribunal presided over by the
President of the Supreme Court and composed of twelve judges chosen by lot by
the Speaker in public session from among all the members of the Supreme Court
and the Presidents of Courts of Appeal who were appointed prior to the
impeachment٫ in the manner provided in detail by law.
(۲) No prosecution against٫ no questioning or preliminary questioning of the
persons specified in Paragraph (۱) for acts carried out by commission or
omission in the discharrrge of their duties shall be permitted٫ before
Parliament has decided on the matter. If during an administrative enquiry٫
evidence which may establish the liability of a member of the Government or
Deputy Minister under the law about Ministerial responsibility should come to
light٫ the persons conducting the enquiry should forward the evidence to
Parliament through the competent public prosecutor after the conclusion of the
said enquiry. Only Parliament shall have the right to suspend penal
proceedings.
(۳) Should the impeachment procure against a Minister or Deputy Minister be not
concluded for any reason including prescriptttion٫ Parliament may٫ at the
request of the accused party and by a decision taken by it٫ constitute a
special committee consisting of deputies and high ranking judicial
functionaries٫ which shall examine the charrrges٫ in accordance with the
Regulations.
Section V Judicial Authority
Chapter I Judicial Functionaries and Employees
Article ۸۷ [Independence]
(۱) Justice shall be administered by the courts which shall consist of regular
judges who shall enjoy personal and functional independence.
(۲) In the discharrrge of their duties٫ the judges shall be subject only to
the Constitution and the laws and under no circumstances they shall be obliged
to comply with legislation enacted after the abolition of the Constitution.
(۳) The regular judges shall be supervised only by their seniors and the
Prosecutor and Deputy Prosecutors of the Supreme Court; the public
prosecutors shall be supervised by their seniors and the Supreme Court judges٫
as the law provides.
Article ۸۸ [Appointment and Guarantees of Independence]
(۱) All judicial functionaries shall be appointed by presidential decree٫ on
the basis of a law determining their qualifications and the procedure of
selectttion; judicial functionaries shall be appointed for life.
(۲) The salaries of judicial functionaries shall be commensurate with their
status. Matters relating to the grading٫ salary scales٫ and the general
conditions pertaining thereto shall be determined by special legislation.
(۳) A law may provide for a training and probation period for judicial
functionaries prior to their regular appointment which
cannot exceed three years. During that period they may discharrrge the duties
of a regular judge٫ as the law provides.
(۴) Judicial functionaries may not be dismissed without a prior judicial
decision either in consequence of criminal conviction٫ or because of a grave
disciplinary offence٫ or sickness or physical incapacity or professional
inadequacy٫ duly certified in such manner as the law directs and in accordance
with the provisions of Article ۹۳ (۲) and (۳).
(۵) Judicial functionaries up to the rank of Appeal Court Judge and Assistant
Prosecutor in the Appeal Court and the ranks equivalent thereto٫ shall
mandatorily retire from service upon attaining the age of sixty-five٫ and all
judicial functionaries of higher rank or equivalent thereto shall mandatorily
retire from service upon attaining the age of seventy years. For the
implementation of this provision the day of attainment of the said age limit
shall in every case be deemed the ۳۰th of June of the year in which the
judicial functionary shall retire.
(۶) The transfer of judicial functionaries from one judicial branch to another
shall be prohibited. By exception such transfer of regular judges shall be
permitted in order to fill up one half of the positions of Assistant Prosecutor
in the Supreme Court٫ as well as transfers of assistant First Instance Court
judges to the position of assistant Appeal Court judges٫ at the request of the
judges transferred٫ as the law provides.
(۷) The tribunals or committees specially provided for by the Constitution and
wherein members of the Council of State and the Supreme Court participate٫
shall be presided over by the senior judge.
Article ۸۹ [Incompatibilities]
(۱) Judicial functionaries shall not be permitted to render any other services
against remuneration nor to exercise any other profession.
(۲) By exception٫ judicial functionaries my be elected members of the Academy
or professors or lecturers of Universities and may participate in special
administrative tribunals and in councils or committees٫ save the boards of
directors of public enterprises٫ and commercial companies.
(۳) Judicial functionaries may also be charrrged with administrative duties
either in addition to the discharrrge of their main duties or exclusively for
a specified period of time٫ as the law provides.
(۴) Judicial functionaries shall not be permitted to participate in Government.
(۵) The establishment of a unionnn of judicial functionaries shall be
permitted٫ as the law provides.
Article ۹۰ [Change of Status]
(۱) All judicial functionaries shall be promoted٫ appointed٫ transferred from
one judicial branch to another and from one post to another٫ and detailed by
presidential decree issued following the concurring opinion of the Supreme
Judicial Council٫ which consists of the President of the relevant high court
and the members of the same court chosen by lot٫ among those who have completed
two years of service٫ as the law provides. The Prosecutor of the Supreme Court
shall be a member of the Supreme Judicial Council of civil and penal justice٫
and the Commissioner General of the State shall be a member of the Council of
Comptrollers.
(۲) The council specified in Paragraph (۱) shall include an increased number of
members٫ as the law provides٫ when it decides on the appointments to the
positions of counsellor to the Council of State٫ member of the Supreme Court٫
Assistant Prosecutor of the Supreme Court٫ president of the Appeal Court
Judges٫ prosecutor of the Appeal Court and counsellor to the Council of
Comptrollers. The provision of the last clause of Paragraph (۱) shall also
apply in this case.
(۳) If the Minister should disagree with a decision of the Supreme Judicial
Council٫ he may refer the said decision to the plenum of the relevant High
Court٫ as the law provides. The
right to appeal to the plenum shall also be given to the excepted judicial
functionary under the condition laid down by law.
(۴) The decisions of the plenum on matters referred thereto and the decisions
of the Supreme Judicial Council to which the Minister did not disagree shall be
binding on the Minister.
(۵) Promotion to the office of President and Vice-President of the Council of
State٫ the Supreme Court and the Council of Comptrollers shall be effected by
presidential decree٫ issued at the proposal of the cabinet٫ from amongst the
members of the respective High Court٫ as the law provides. Promotion to the
office of Prosecutor of the Supreme Court shall be effected by a similar decree
from amongst the members of the Supreme Court and the Assistant Prosecutors
thereof.
(۶) The acts or decisions taken under the provisions of this article shall not
be subject to appeal before the Council of State.
Article ۹۱ [Disciplinary Authority]
(۱) Disciplinary authority over judicial functionaries from the rank of member
or assistant prosecutor of the Supreme Court and the ranks equivalent and
higher thereto٫ shall be exercised by the Supreme Disciplinary Council٫ as the
law directs. Disciplinary actions shall be brought by the Minister of Justice.
(۲) The Supreme Disciplinary Council shall consist of the President of the
Council of State as President٫ two Vice Presidents or Counsellors of the same
council٫ two Vice Presidents of the Supreme Court or members thereof٫ two Vice
Presidents or members of the Council of Comptrollers and two professors of the
Law Faculty of the Universities of the Country٫ as members. The members of the
Council shall be chosen by lot٫ amongst those who have completed at least three
years of service in the relevant high court or Law Faculty٫ and in each case٫
the members of the court upon the action of a member or prosecutor whereof the
Council is called upon to give judgement shall be excluded from the said
council. In the event of disciplinary action against members of the Council of
State ٫ the Supreme Disciplinary Council shall be presided over by the
President of the Supreme Court.
(۳) Disciplinary authority over the rest of the judicial functionaries shall be
exercised in the first and second instance by councils consisting of regular
judges٫ chosen by lot٫ as the law provides. Disciplinary action may also be
brought by the Minister of Justice.
(۴) Disciplinary decisions taken under the provisions of this article shall not
be subject to appeal before the Council of State.
Article ۹۲ [Clerks]
(۱) The clerks of the Secretariat of all courts and Prosecutors'' offices
shall be permanent. They can only be dismissed by a court decision following a
penal conviction or by a decision of a judicial council following a grave
disciplinary offence٫ sickness٫ physical disability or professional inadequacy
in the manner laid down by the law.
(۲) The qualifications of the secretariat clerks of all courts and
Prosecutors'' offices and matters relating to their service conditions shall
be determined by law.
(۳) Judicial clerks shall be promoted٫ transferred from one judicial branch to
another and from one post to another٫ appointed and detailed following the
concurring opinion of judicial councils٫ and disciplinary authority thereon
shall be exercised by their superior judges or prosecutors and judicial
councils٫ according to the law. An appeal may be lodged against decisions of
the said councils relating to promotion or disciplinary orders٫ as the law
provides.
(۴) Notaries public٫ registrars of mortgages and transfers and directors of
land registry offices shall hold their posts permanently٫ if such services and
posts be in existence. The provisions of Paragraph (۱) shall apply to them per
analogia. They shall retire upon attaining the age of seventy years.
(۵) Notaries public and non-salaried registrars of mortgages and transfers must
retire upon attaining the age of seventy years٫ and the rest upon attaining the
age limit laid down by law.
Chapter II Organization and Competence of the Courts
Article ۹۳ [Jurisdictions]
(۱) The Courts are divided into administrative٫ civil٫ and penal and shall be
organized by virtue of special laws.
(۲) The sessions of the courts of law shall be public٫ except when the court
decides that publicity would be detrimental to good morals or that there are
special reasons for which the private or family life of the litigants must be
protected.
(۳) All court rulings shall be duly supported and shall be pronounced in public
session. The minority opinion must be published. A law shall determine matters
relating to the entering of minority opinions in the minutes book٫ and the
terms and conditions for their publication.
(۴) The courts must not apply laws the content whereof is contrary to the
Constitution.
Article ۹۴ [Regular Administrative and Civil Jurisdiction]
(۱) Administrative disputes relating to matters of substance shall be resolved
by the existing regular administrative courts. Those of the above-mentioned
disputes which have not yet been referred to the said courts must come under
their jurisdiction within five years from the Constitution being put into
effect; the aforegoing time limit may be extended by law.
(۲) Until the rest of administrative disputes relating to matters of substance
be brought before the regular administrative courts٫ the said disputes shall
continue under the jurisdiction of civil courts٫ save those for which special
administrative courts have been established which observe the provisions of
Article ۹۳ (۲)-(۴).
(۳) All private disputes shall fall within the jurisdiction of civil courts٫
and also the cases of voluntary jurisdiction referred to the said civil courts.
(۴) Any other administrative jurisdiction which has been determined by law may
be the province of the civil or administrative courts.
Article ۹۵ [Council of State]
(۱) The following shall be the main matters to come under the jurisdiction of
the Council of State:
a) The annulment٫ upon petition٫ of enforceable acts of the administrative
authorities on grounds of abuse of authority or violation of the law.
b) The quashing٫ upon petition٫ of final decisions pronounced by administrative
courts on grounds of abuse of authority or violation of the law.
c) The trial of administrative disputes relating to matters of substance which
have been submitted to it in accordance with the Constitution.
d) The processing of all regulatory decrees.
e) Any other administrative competence which shall be awarded to it by the
Constitution or the laws.
(۲) The provisions of Article ۹۳ (۲) and (۳) shall not apply on the exercise of
the jurisdiction specified under clause d) of the aforegoing paragraph.
(۳) A law may refer the judging of certain categories of cases falling under
the competence of the Council of State to annul٫ to regular administrative
courts of a different instance; the highest instance٫ however٫ shall always
be the Council of State.
(۴) The aforegoing jurisdiction of the Council of State shall be regulated and
exercised as the law provides.
(۵) The Administration shall be obliged to comply with the annulment decisions
of the Council of State. Any member of the Administration who shall violate
such obligation shall be held liable therefor.
Article ۹۶ [Regular Penal Jurisdiction]
(۱) The regular penal courts shall be responsible for the punishment of crimes
and the taking of all measures under the penal laws.
(۲) It shall be possible by law:
a) to entrust the authorities exercising police duties with the trial of police
offenses punishable by fine;
b) to entrust agrarian security authorities with the trial of misdemeanors
relating to farm lands and the private disputes arising therefrom. In both the
aforegoing cases the decisions issued shall be subject to appeal which shall
have suspensive force٫ before the competent court.
(۳) Special laws shall regulate matters relating to juvenile courts to which
the provisions of Article ۹۳ (۲) and ۹۷ may not be applied. Sentence in these
courts my be pronounced in camera.
(۴) Special laws shall regulate matters relating to:
a) Court martials of the army٫ navy٫ and air force. Civilians may not be
brought under the jurisdiction of such courts martial.
b) Prize courts.
(۵) The courts specified in Subparagraph a) of the aforegoing paragraph must
comprise a majority of Military Justice Corps members٫ who shall be covered by
the guarantees of operational and personal independence under Article ۸۷ (۱).
The provisions of Article ۹۳ (۲)-(۴) shall apply on the sessions and orders of
the said courts. Matters relating to the implementation of the provisions of
this paragraph and the time when they shall be brought into effect٫ shall be
determined by law.
Article ۹۷ [Political Offenses]
(۱) Criminal and political offenses shall be tried by mixed courts٫ composed of
a majority of regular judges and jurors٫ as the law provides. Sentences
pronounced by the said courts shall be subject to the legal remedies which are
specified by law.
(۲) Criminal and political offenses which٫ until this Constitution comes into
force٫ come under the jurisdiction of the Appeal Courts by virtue of
Constitutional acts٫ resolutions or special laws٫ shall continue to be tried by
the said courts٫ so long as the law does not refer them to mixed courts. A law
may place other crimes as well under the jurisdiction of the same appeal
courts.
(۳) Press offenses irrespective of degree shall fall within the jurisdiction of
the regular penal courts٫ as the law provides.
Article ۹۸ [Council of Comptrollers]
(۱) The following shall fall within the jurisdiction of the Council of
Comptrollers:
a) The control of the expenditure of the State and the local authority bodies
and other bodies corporate of public law which shall be place under the control
of the State by virtue of special legislation.
b) The report of the budget returns and the general financial statement of the
State submitted to Parliament.
c) Advice on laws relating to pensions or recognition of services for the
granting of a right to pension in accordance with Article ۶۹ (۲) and any other
matters determined by law.
d) The control of accounts of persons who owe monies to the State and the local
authority bodies and bodies corporate of public law mentioned in Subparagraph
a).
e) The trial of appeals on disputes relating to the granting of pensions and
the control of accounts in general.
f) The trial of cases relating to the liability of civil or military servants
and local authorities personnel for any loss sustained by the State or the said
bodies and resulting form dolus or negligence.
(۲) The aforegoing jurisdiction of the Council of Comptrollers shall be
regulated and exercised in accordance with provisions of the law. The
provisions of Article ۹۳ (۲) and (۳) hereof shall not apply in the cases of
Subparagraphs a) to d) in the aforegoing paragraph.
(۳) The decisions of the Council of Comptrollers on the cases of Paragraph (۱)
shall not be subject of the control of the Council of State.
Article ۹۹ [Wrongful Judgment]
(۱) Suits of wrongful judgement instituted against judicial functionaries shall
be tried٫ as the law provides٫ by a special tribunal composed of the President
of the Council of State as President and one Councillor of the Council o State٫
one member of the Supreme Court٫ one Councillor of the Council of Comptrollers٫
two full professors of law from the faculties of Law of Greek Universities and
two lawyers who are members of the Supreme Disciplinary Council of lawyers٫ as
members; the aforegoing shall be chosen by lot.
(۲) In each case٫ the member of the particular body or branch of the judiciary
upon whose action or omission on the part of the functionaries thereof the
tribunal is called upon to render judgement٫ shall be excluded from the Special
Tribunal. In the case of suits of wrongful judgement instituted against members
of the Council of State or functionaries of the regular administrative courts٫
the President of the said Special Tribunal shall be President of the Supreme
Court.
(۳) No permission shall be required to institute a suit of wrongful judgement.
Article ۱۰۰ [Special Supreme Tribunal]
(۱) A Special Supreme Tribunal shall be established٫ which shall deal with the
following matters:
a) The trial of appeals under Article ۵۸.
b) the examination of the validity and the results of referenda held under
Article ۴۴ (۲).
c) The rendering of judgement in relation to incompatibilities or the
forfeiture of the office of deputy under Article ۵۵ (۲) and ۵۷.
d) The remedy of conflicts between the courts and administrative authorities٫
or between the Council of State and the regular administrative courts of the
one part and of the other part the civil or penal courts٫ or٫ finally٫ between
the Council of Comptrollers and the rest of the courts.
e) The clarification of the constitutional charrracter or the meaning of a
provision of a formal law٫ in the event that contrary decisions have been
issued by the Council of State٫ the Supreme Court or the Council of
Comptrollers.
f) The clarification of the nature of provisions of international law as
generally accepted٫ in accordance with the provisions of Article ۲۸ (۱).
(۲) The tribunal mentioned in the aforegoing paragraph shall be composed of the
President of the Council of State as President٫ and the President of the
Supreme Court and the Council of Comptrollers٫ four Councilors of the Council
of State and four members of the Supreme Court٫ chosen by lot every two years٫
as members. President of the court shall be the President of the Council of
State or the President of the Supreme Court٫ according to seniority. In the
cases specified in Subparagraphs d) and e) of the aforegoing paragraph٫ two
professors of law of the Law Faculty of Greek Universities٫ also chosen by lot٫
shall be members of the said tribunal.
(۳) A special law shall regulate matters relating to the organization and
function of the tribunal٫ the appointment٫ substitution and compensation of the
members thereof٫ and the procedure of the said tribunal.
(۴) the decisions of the said court shall be irrevocable. A law provision which
has been declared unconstitutional shall cease to have any effect from the
publication of the decision relating thereto or from the time specified in the
said decision.
Section VI Administration
Chapter I Organization of the Administration
Article ۱۰۱ [Decentralization]
(۱) The administration of the State shall be organized in accordance with the
system of decentralization.
(۲) The administrative division of the Country shall be formulated on the basis
of geoeconomic٫ social٫ and communications conditions.
(۳) The regional state organs shall have general effective jurisdiction on the
matters relating to their region٫ and the central services٫ in addition to the
special jurisdiction٫ shall be responsible for the general direction٫
coordination and control of the regional organs٫ as the law provides.
Article ۱۰۲ [Local Authorities]
(۱) The administration and management of local matters shall belong to the
Local Authority bodies٫ the lower level whereof shall be the municipalities and
the village communities. The other levels shall be determined by law.
(۲) The local authority bodies shall be administratively autonomous. The
members of the Local Authority bodies shall be elected by universal and secret
ballot.
(۳) A law may provide for voluntary or mandatory associations of local
authority bodies with a view to constructing works or rendering services٫ which
shall be administered by elected representatives of every municipality or
village community٫ in proportion to the population thereof.
(۴) A law may establish local authority bodies of second degree٫ in whose
administration elected representatives of the local professional٫ scientific
and cultural associations and the state administration may participate٫ up to
one third of the total number of members.
(۵) The State shall supervise the Local Authority bodies without hindering
their initiative of free activities. The disciplinary sentences of suspension
and dismissal from the office of elected member of local authority bodies٫
shall be pronounced only after the concurring opinion of a committee which
shall comprise a majority of regular judges٫ save those cases which result in
ipso jure dismissal.
(۶) The State shall be concerned with the provision of adequate means for the
attainment of their aims of the local authority bodies. A law shall regulate
matters relating to the granting and allocating among the said bodies of the
taxes or fees received by the State.
Chapter II Status of Administrative Functionaries
Article ۱۰۳ [Public Servants]
(۱) Public servants shall carry out the will of the State٫ serve the people٫
and owe allegiance to the Constitution and loyalty to the Motherland. Their
qualifications and mode of appointment shall be determined by law.
(۲) No person shall be appointed civil servant to an organic post not provided
for by law٫ save those exceptions recognized by special law in the case of
unforeseen and urgent need٫ in which case it shall be permitted to employ
personnel for a specified period of time on the basis of private contracts.
(۳) Organic posts for special scientific and technical or ancillary personnel
may be filled by persons employed on the basis of private contracts. A law
shall determine the conditions for such appointments and the special guarantees
under which the thus appointed personnel shall be placed.
(۴) The regular civil servants who occupy organic posts shall be permanent so
long as the posts in question exist. The salary scale of the said civil
servants shall be that which is determined by law and except for cases of
retirement as a result of attainment of the age limit or dismissal by virtue of
a judicial decision٫ they shall not be transferred without an advisory
opinion or lowered in rank or discharrrged without a special decision of a
council at least two thirds of the members whereof must be permanent civil
servants. Appeal against decisions of the said council shall be permitted
before the Council of State٫ as the law provides.
(۵) Exceptions from the provisions concerning permanence may be introduced by
law in the case of senior administrative personnel occupying posts not included
in the civil service scale٫ persons directly appointed with the rank of
ambassador٫ the employees of the Household of the President of the Republic٫
the office of the Prime Minister and the offices of deputy Prime Ministers٫
ministers٫ deputy ministers.
(۶) The provisions of the aforegoing paragraph shall also apply to the
employees of Parliament whose service conditions shall be in all other respects
governed by the Regulations of Parliament٫ and to personnel of local authority
bodies and other bodies corporate of public law.
Article ۱۰۴ [Incompatibilities٫ Restrictions]
(۱) No person mentioned in the aforegoing article may be appointed to more than
one post in the civil service٫ or local authority body or other body corporate
of public law or public enterprise or organization operating for the public
benefit. By exception٫ appointment to a second post may be permitted by special
law without any prejudice however to the provisions of the following paragraph.
(۲) The additional remuneration or any other emoluments of civil servants
according to the aforegoing article٫ may not exceed in monthly total the
regular monthly remuneration of their organic posts.
(۳) No previous permission of the administrative authorities shall be required
for the trial of civil servants٫ and employees of local authority bodies or
other bodies corporate of public law.
Chapter III Regime of Mount Athos
Article ۱۰۵ [Traditional Self-Government]
(۱) The Athos Peninsula extending beyond Megali Vigla and constituting the
district of Mount Athos shall٫ in accordance with its ancient privileged
status٫ be a self-governing part of the Greek State whose sovereignty thereon
shall remain unaffected. Spiritually٫ Mount Athos shall come under the direct
jurisdiction of the Oecumenical Patriarchate. All persons residing therein
shall acquire Greek nationality upon admission as novices or monks without any
further formality.
(۲) Mount Athos shall٫ in accordance with its regime٫ be governed by its twenty
Holy Monasteries٫ among which the entire peninsula is divided and its territory
shall be exempt from expropriation. The administration shall be exercised by
representatives of the Holy Monasteries who constitute the Holy Community. No
change whatsoever shall be permitted in the administrative system or the number
of monasteries of Mount Athos٫ nor in their hierarchy and their position in
regard to their dependencies. The dwelling therein of heterodox or schismatic
persons shall be prohibited.
(۳) The determination in detail of the Mount Athos regimes and the manner of
operation thereof is effected by the Constitutional charrrter of Mount Athos٫
which٫ with the co-operation of the State representative٫ is drawn up and voted
by the twenty Holy Monasteries and ratified by the Oecumenical Patriarchate and
the Parliament of the Hellenes.
(۴) The correct observance of the Mount Athos regimes shall٫ in the spiritual
sphere٫ be under the supreme supervision of the Oecumenical Patriarchate and٫
in the administrative field٫ under the supervision of the State which shall be
exclusively responsible for safeguarding public order and security.
(۵) The aforegoing powers of the State shall be exercised through a Governor
whose rights and duties shall be determined by law. A law shall also determine
the judicial power exercised
by the monastic authorities and the Holy Community٫ as well as the customs and
taxation privileges of Mount Athos.
Part IV Special٫ Final٫ and Transitional Provisions
Section I Special Provisions
Article ۱۰۶ [State and Economy]
(۱) The State shall plan and co-ordinate economic activity in the country in
order to consolidate social peace and protect the general interests with a view
to achieving the development of all the sectors of the national economy. It
shall take the necessary measure for the exploitation of the national resources
in the atmosphere and the sub-terranean and under-sea deposits and for the
promotion of regional development with special emphasis on strengthening the
economy of mountainous and other areas and the islands.
(۲) Private enterprise may not be exercised in any way detrimental to liberty٫
human dignity٫ and the national economy.
(۳) Without prejudice to the protection afforded under Article ۱۰۷ in relation
to re-exporting foreign capital٫ a law may regulate matters concerning the
takeover of enterprises or the compulsory participation therein by the State or
other public bodies٫ if the said enterprises are of monopolistic nature or of
vital importance to the development of national resources or have as their main
purpose the rendering of services to society as a whole.
(۴) The price for the takeover or the compulsory participation by the State or
other public bodies must be determined by the courts and must be commensurate
to the value of the enterprise which is taken over or the value of the
participation therein.
(۵) Shareholders٫ partners٫ or owners of enterprises whose control shall be
taken over by the State or a state-controlled body as a result of compulsory
participation therein under Paragraph (۳)٫ shall have the right to demand to
sell their holding٫ as the law provides.
(۶) A law may determine the contribution to the State expenditure by those who
shall benefit from the construction of utilities or works of overall
significance for the economic development of the country.
Article ۱۰۷ [Foreign Investments]
(۱) The laws of increased formal effect enacted before the ۲۱st April ۱۹۶۷ and
relating to the protection of foreign capital٫ shall retain their increased
formal effect and apply on capital imported in the future. The provisions of
chapters A to D of Section A of law ۲۷/۷۵ about "the tax on shipping٫ the
levying of contributions towards the development of merchant shipping٫ the
setting up of foreign shipping enterprises and the regulation of matters
relevant thereto" shall have the same increased effect.
(۲) A law to be issued once and for all and within three months from the day
when the Constitution comes into effect٫ shall lay down the terms and condition
and the procedure for the revision or dissolution of all the approving
administrative acts irrespective of form or the agreements for the investment
of foreign capital made under legislative decree ۲۶۸۷/۱۹۵۳ from ۲۱st April ۱۹۶۷
up to ۲۳rd July ۱۹۷۴٫ save those relating to the registration of ships flying
the Greek flag.
Article ۱۰۸ [Greeks Living Abroad]
The State shall be concerned with those Greeks who live abroad and the
maintenance of their links with the Motherland. It shall also take measures for
the education and the social and professional advancement of the Greeks who are
employed abroad.
Article ۱۰۹ [Protection of Wills]
(۱) The alteration of the contents or conditions of a will٫
codicil٫ or donations٫ so far as its provisions in favor of the State or the
public benefit are concerned٫ shall be prohibited.
(۲) By exception٫ it shall be permitted to utilize the bequest or donation for
the purpose intended or any other purpose in the area designated by the donor
or the testator or in a larger area٫ with a view to increasing the benefit
therefrom٫ after a court decision has certified that it has become impossible
to carry out the will of the testator or the donor for any reason٫ in whole or
for the greater part thereof٫ or if such will may be better satisfied with the
new utilization of the said bequest or donation٫ as the law provides.
Section II Revision of the Constitution
Article ۱۱۰ [Limits and Proceedings]
(۱) The provisions of the Constitution٫ save those which determine the basis
and the form of government as a Parliamentary Republic with a President as Head
of State and those of Articles ۲ (۱)٫ ۴ (۱)٫ (۴) and (۷)٫ ۵ (۱) and (۳)٫ ۱۳ (۱)
and ۲۶ shall be subject to revision.
(۲) The need to revise the Constitution shall be ascertained by a decision of
Parliament taken following a motion by at least fifty deputies٫ approved by a
majority of three fifths of the total number of deputies in two votes separated
from each other by at least one month. The same decision shall determine in
detail the provisions to be revised.
(۳) Once the revision has been decided upon by Parliament٫ the following
Parliament in its first session shall٫ with an absolute majority of all the
members thereof٫ decide on the provisions to be revised.
(۴) If the proposal for the revision of the Constitution be approved by the
majority of the total number of deputies but not by the majority of three
fifths specified in Paragraph (۲)٫ the following Parliament in its first
session may decide on the provisions to be revised by a majority of three
fifths of the total number thereof.
(۵) Every revised provision of the Constitution shall be published in the
Government Gazette within ten days from the day it was approved by Parliament٫
and shall be put into effect by a special Parliamentary resolution.
(۶) The Constitution may not be revised before the lapse of a five year period
from the previous revision thereof.
Section III Transitional Provisions
Article ۱۱۱ [General Provisions]
(۱) Any provisions of law or regulatory administration acts which are contrary
to the Constitution shall be repealed upon this Constitution coming into
effect.
(۲) Constitutional acts issued from ۲۴ July ۱۹۷۴ and until the convocation of
the Fifth Revisionary Parliament٫ and the Resolutions of the said Parliament
shall remain enforce٫ even if they contain provisions which are contrary to the
Constitution. It shall be permitted to amend or repeal such provisions by law.
The provision of Article ۸ of the Third Constitutional act of ۳/۹/۱۹۷۴ relating
to the retirement age of university professors shall be repealed when this
Constitution comes into effect.
(۳) The following shall remain in force:
a) Article ۲ of Presidential decree No. ۷۰۰ of ۹ Oct. ۱۹۷۴ relating to "the
partial reapplication of Articles ۵٫ ۶٫ ۸٫ ۱۰٫ ۱۲٫ ۱۴٫ ۹۵ and ۹۷ and the
lifting of the state of siege"٫ and
b) legislative decree No. ۱۶۷ of ۱۶ November ۱۹۷۴ relating to "the granting of
the right to appeal against decisions of courts martial." It shall be permitted
to amend or repeal the aforegoing by law.
(۴) The Resolution of ۱۶/۲۹ April ۱۹۵۲ shall remain enforce for six months
after this Constitution has come into effect. It shall be permitted within the
above specified fixed term to amend٫ supplement٫ or repeal by law the
constitutional acts or resolutions mentioned in Article ۳ (۱) of the said
Resolution٫ to
retain the whole or part thereof even after the fixed term has lapsed٫ provided
that the amended٫ supplemented٫ or retained enforce provisions be not contrary
to this Constitution.
(۵) Greeks who have been deprived of their citizenship in any way before this
Constitution comes into effect٫ shall recover the same following the decision
of special committees which shall consist of judicial functionaries٫ as the law
provides.
(۶) The provision of Article ۱۹ of legislative decree ۳۳۷۰/۱۹۵۵ relating to
"the ratification of the Code of Greek Citizenship" shall remain in force until
it be repealed by law.
Article ۱۱۲ [Prospective Laws]
(۱) In the case of matters for the regulation whereof the provisions of this
Constitution explicitly provide for the enactment of a law٫ the laws or the
regulatory administrative acts which shall be in force in each case when this
Constitution comes into effect shall remain in force until the respective laws
be issued٫ save those which are contrary to the provisions of the Constitution.
(۲) The provisions of Articles ۱۰۹ (۲) and ۷۹ (۸) shall be applied٫ when the
laws specially provided by each of them come into effect; the said laws must
be issued not later than the end of ۱۹۷۶. Until the law provided by Article ۱۰۹
(۲) comes into effect٫ the constitutional and legal regulation which shall be
in force when the Constitution comes into effect٫ shall continue to apply.
(۳) In accordance with definition specified in the Constitutional Act of ۵th
October ۱۹۷۴٫ which shall remain enforce٫ the prohibition relating to the
discharrrge of duties on the part of professors who have been elected deputies
during the whole of the current Parliamentary term shall not cover the
teaching٫ research٫ writing٫ and scientific work carried out in the
laboratories and institutes of their departments; the said professors shall
be barred from participating in the administration of their departments٫ the
election of teaching staff in general and the examination of students.
(۴) The application of Article ۱۶ (۳) relating to the compulsory attendance at
school shall be completed by law within five years from this Constitution
coming into effect.
Article ۱۱۳ [Regulations of Parliament]
The Regulations of Parliament٫ the resolutions relating thereto and the laws
relating to Parliamentary work shall remain enforce until the new Regulations
for Parliament come into effect٫ save those which are contrary to the
Constitution. In the case of the Departments of Parliament which are covered by
Articles ۷۰ and ۷۱٫ the provisions of the last Regulations for the Special
Legislative Committee of Article ۳۵ of the ۱۹۵۲ Constitution and in accordance
with the detailed provisions of Article ۳ of section A of Resolution of ۲۴/۱۲/
۱۹۷۴٫ shall apply as complementary. Until the new Regulations of Parliament
come into effect٫ the Committee of Article ۷۱ shall consist of sixty regular
and thirty alternate members selecttted by the Speaker from all the parties
and groupings in proportion to the numerical strength thereof. If any
objectttions should be raised about the provisions to be applied in each case
before the publication of the new Regulations٫ the plenum of the Department of
Parliament in relation to the function whereof the matter shall have arisen٫
shall decide.
Article ۱۱۴ [President]
(۱) The election of the first President of the Republic must be effected not
later than two months from the publication of the Constitution in a special
session of Parliament called by the Speaker thereof at least five days in
advance٫ in compliance with the provisions of the Regulations of Parliament
relating to the Speaker. The elected President of the Republic shall enter upon
his duties after being sworn in and not later than five days of his election.
The law referred to in Article ۴۹ (۵) and relating to the regulation of matters
in connection with the responsibility of the President of the Republic must be
published before ۳۱ December ۱۹۷۵. Until the law referred to in Article ۳۳ (۳)
comes into effect٫ the matters specified int he aforegoing paragraph shall be
governed by the provisions relating to the pro tempore President of the
Republic.
(۲) From the day when the Constitution comes into effect and until the
President of the Republic enters upon his duties٫ the pro tempore President of
the Republic shall exercise the powers given to the President of the Republic
by the Constitution٫ under the restrictions contained in Article ۲ of Section B
of the Resolution of the Fifth Revisionary Parliament of ۲۴/۱۲/۱۹۷۴.
Article ۱۱۵ [Jurisdiction]
(۱) Until the law provided for by Article ۸۶ (۱) be issued٫ the existing
provisions relating to the prosecution٫ questioning٫ and judging٫ in accordance
with Articles ۴۹ (۱) and ۸۵٫ of acts carried out by commission or omission٫
shall continue to apply.
(۲) The law provided for by Article ۱۰۰ must be issued not later than one year
after this Constitution comes into effect. Until this law be issued and the
Supreme Special Tribunal constituted thereby beings operating:
a) The doubts referred to by Article ۵۵ (۲) and Article ۵۷ must be settled by a
decision of Parliament taken in accordance with the provisions of the
Regulations dealing with personal questions.
b) The control of the validity and the results of referenda held under Article
۴۴ (۲) and the hearing of appeals against the results of general elections
under Article ۵۸ shall be carried out by the Special Tribunal provided for by
Article ۷۳ of the ۱۹۵۲ Constitution and the procedure laid down by Article ۱۱۶
et seq. of Presidential Decree ۶۵۰/۱۹۷۴ shall apply.
c) The removal of conflicts referred to in Article ۱۰۰ (۱).
d) shall fall within the jurisdiction of the Conflicts Tribunal provided for by
Article ۶۵ of the ۱۹۵۲ Constitution; the laws in connection with the
organization٫ functioning٫ and procedure before the said Tribunal shall also
remain in force.
(۳) Until the law provided for by Article ۹۹ comes into effect٫ suits of
wrongful judgment shall be tried under the provisions of Article ۱۰۰ of the
۱۹۵۲ Constitution by the court specified by these provisions and in accordance
with the procedure which shall be in force when this Constitution be published.
(۴) Until the law provided for by Article ۸۷ (۳) and until the judicial and
disciplinary councils under Articles ۹۰ (۱) and (۲) and ۹۱ be established٫ the
relevant provisions which shall be in force when the Constitution comes into
effect shall remain in force. The laws relating to the aforegoing questions
must be issued not later than one year after this Constitution has become
effective.
(۵) Until the laws referred to in Article ۹۲ come into effect٫ the provisions
which shall be in force when the Constitution becomes effective shall remain in
force. The said laws must be issued not later than one year after this
Constitution has come into effect.
(۶) the special law referred to in Article ۵۷ (۵) must be issued not later than
six months after this Constitution has become effective.
Article ۱۱۶ [Articles ۲۲٫ ۴۴]
(۱) Existing provisions which are contrary to Article ۴۴ (۲) shall remain in
force until they be repealed by law not later than ۳۱ December ۱۹۸۲.
(۲) Any deviation from the provisions of Article ۴ (۲) shall be permitted on
for adequate reasons in the cases specially provided for by the law.
(۳) Regulatory ministerial decisions and provisions of collective agreements or
arbitration awards in connection with incomes which contravene the provisions
of Article ۲۲ (۱) shall remain in force until they be substituted; such
substitution must be effected not later than three years after this
Constitution has come into effect.
Article ۱۱۷ [Old Laws]
(۱) The laws which had been issued until ۲۱ April ۱۹۶۷ under Article ۱۰۴ of the
۱۹۵۲ Constitution are deemed not contrary to this Constitution and shall remain
in force.
(۲) Article ۱۷ notwithstanding٫ it shall be permitted to effect the legal
regulation and dissolution of such long term tenancies and other quit-rent
burdens as may still exist٫ the buying off of full ownership by holders of
emphyteutic holdings٫ and the abolition and regulation of real relations of a
peculiar nature.
(۳) Public or private forests or forest areas which have been or will be
destroyed by fire or otherwise deforested shall not be divested for that reason
of their status prior to their destruction٫ and must be declared reforest
areas٫ the use whereof for any other purpose being prohibited.
(۴) The expropriation of forests or forest areas which belong to persons or
bodies corporate of private law shall be permitted only in favor of the State٫
in accordance with the provisions of Article ۱۷٫ and for reasons of public
benefit; their forestal charrracter shall٫ in any case٫ remain unaltered.
(۵) The expropriations which have already or will be declared until the
existing legislation relating thereto be adjusted to the provisions hereof
shall be governed by the laws in force at the time of the declaration of the
expropriation.
(۶) Article ۲۴ (۳) and (۵) shall apply on the housing areas which are
recognized as such or transformed from the time when the laws provided for by
the provisions of the aforegoing paragraphs become effective.
Article ۱۱۸ [Judicial Promotions]
(۱) Senior judicial functionaries not in service when the Constitutional act of
۴/۵ September ۱۹۷۴ "about the restoration of order and harmony in the judicial
branch" came into effect and relegated by virtue of the said act and because of
the time when their promotion was effected and against whom no disciplinary
action was taken under Article ۶ of the said act٫ must be brought before the
Supreme Disciplinary Council by the competent Minister not later than three
months after this Constitution has become effective.
The Supreme Disciplinary Council shall decide whether the conditions under
which the person was promoted affect his prestige and his particular position
in the service٫ and shall also rule finally on whether the person in question
shall recover or not the rank which had been ipso jure forfeited and the rights
relating thereto; no difference of salary or pension shall be paid
retroactively.
The said decision must be taken within three months.
The closest living relatives of the relegated and deceased judge may exercise
all the rights afforded to those tried before the Supreme Disciplinary Council.
Article ۱۱۹ [Annulment of Acts]
(۱) A law may lift the bar on petitions for annulment of acts issued from ۲۱
April ۱۹۶۷ until ۲۳ July ۱۹۷۴٫ irrespective of the way it operated and whether
such petition had been submitted or not; the retroactive payment of monies
due to those whose petition may be upheld shall be prohibited.
(۲) Those military or civil servants who shall be٫ by virtue of law٫ ipso jure
reinstated in their former public posts and have already been elected deputies
must state within eight days their choice between the office of deputy and
their public post.
Section IV Final Provision
Article ۱۲۰ [Right to Resist]
(۱) The Constitution passed by the Fifth Revisionary Greek Parliament shall be
signed by the Speaker and published in the Government Gazette by the pro
tempore President of the Republic by decree countersigned by the cabinet and
shall come into effect on the eleventh of June ۱۹۷۵.
(۲) Respect for the Constitution and the laws consonant thereto and allegiance
to the motherland and Democracy constitute the fundamental obligation of all
the Greeks.
(۳) Usurpation in any way of national sovereignty and the powers which are
derived therefrom shall be punished upon the restoration of the lawful
authorities and the prescriptttion of the crime shall commence from that day.
(۴) Observance of the Constitution shall be committed to the patriotism of the
Greeks who shall have the right and the obligation to resist by any means
anybody who tries to subvert it violently.