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THE CONSTITUTION OF GREECE
In the name of the Holy and Consubstantial and Indivisible Trinity
THE FIFTH REVISIONARY PARLIAMENT OF THE HELLENES RESOLVES
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[Ελληνικά]
TABLE OF CONTENTS
PART ONE
BASIC PROVISIONS
PART TWO
INDIVIDUAL AND SOCIAL RIGHTS
PART THREE
ORGANIZATION AND FUNCTIONS OF THE STATE
PART FOUR
SPECIAL, FINAL AND TRANSITORY PROVISIONS
PART ONE BASIC PROVISIONS
SECTION I THE FORM OF GOVERNMENT
Article 1
1. The form of government of Greece is that of a parliamentary republic.
2. Popular sovereignty is the foundation of government.
3. All powers derive from the People and exist for the People and the Nation;
they shall be exercised as specified by the Constitution.
Article 2
1. Respect and protection of the value of the human being constitute the primary
obligations of the State.
2. Greece, adhering to the generally recognised rules of international law,
pursues the strengthening of peace and of justice, and the fostering of friendly
relations between peoples and States.
SECTION II RELATIONS OF CHURCH AND STATE
Article 3
1. The prevailing religion in Greece is that of the Eastern Orthodox Church of
Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as
its head, is inseparably united in doctrine with the Great Church of Christ in
Constantinople and with every other Church of Christ of the same doctrine,
observing unwaveringly, as they do, the holy apostolic and syn- odal canons and
sacred traditions. It is autocephalous and is administered by the Holy Synod of
serving Bishops and the Permanent Holy Synod originating thereof and assembled
as specified by the Statutory Charter of the Church in compliance with the
provisions of the Patriarchal Tome of June 29, 1850 and the Synodal Act of
September 4, 1928.
2. The ecclesiastical regime existing in certain districts of the State shall
not be deemed contrary to the provisions of the preceding paragraph.
3. The text of the Holy Scripture shall be maintained unaltered. Official
translation of the text into any other form of language, without prior sanction
by the Autocephalous Church of Greece and the Great Church of Christ in
Constantinople, is prohibited.
PART TWO INDIVIDUAL AND SOCIAL RIGHTS
Article 4
1. All Greeks are equal before the law.
2. Greek men and women have equal rights and equal obligations.
3. All persons possessing the qualifications for citizenship as specified by law
are Greek citizens. Withdrawal of Greek citizenship shall be permitted only in
case of voluntary acquisition of another citizenship or of undertaking service
contrary to national interests in a foreign country, under the conditions and
procedures more specifically provided by law.
4. Only Greek citizens shall be eligible for public service, except as otherwise
provided by special laws.
5. Greek citizens contribute without distinction to public charges in proportion
to their means.
6. Every Greek capable of bearing arms is obliged to contribute to the defence
of the Fatherland as provided by law.
7. Titles of nobility or distinction are neither conferred upon nor recognized
in Greek citizens.
Article 5
1. All persons shall have the right to develop freely their personality and to
participate in the social, economic and political life of the country, insofar
as they do not infringe the rights of others or violate the Constitution and the
good usages.
2. All persons living within the Greek territory shall enjoy full protection of
their life, honour and liberty irrespective of nationality, race or language and
of religious or political beliefs. Exceptions shall be permitted only in cases
provided by international law.
The extradition of aliens prosecuted for their action as freedom-fighters shall
be prohibited. 3. Personal liberty is inviolable. No one shall be prosecuted,
arrested, imprisoned or otherwise confined except when and as the law provides.
4. Individual administrative measures restrictive of the free movement or
residence in the country, and of the free exit and entrance therein of every
Greek shall be prohibited. Such measures may be imposed in exceptional cases of
emergency and only in order to prevent the commitment of criminal acts,
following a criminal court ruling, as specified by law. In extremely urgent
cases the ruling may be issued after the administrative measure has been imposed
and within three days at the latest; otherwise it is lifted ipso jure.
Interpretative clause:
Paragraph 4 does not preclude the prohibition of exit from the country for
persons being prosecuted on criminal charges by act of the public prosecutor, or
the imposition of measures necessary for the protection of public health or the
health of sick persons, as specified by law.
Article 6
1. No person shall be arrested or imprisoned without a reasoned judicial warrant
which must be served at the moment of arrest or detention pending trial, except
when caught in the act of committing a crime.
2. A person who is arrested in the act of committing a crime or on a warrant
shall be brought before the competent examining magistrate within twenty-four
hours of his arrest at the latest; should the arrest be made outside the seat of
the examining magistrate, within the shortest time required to transfer him
thereto. The examining magistrate must, within three days from the day the
person was brought before him, either release the detainee or issue a warrant of
imprisonment. Upon application of the person brought before him or in case of
force majeure confirmed by decision of the competent judicial council, this
time-limit shall be extended by two days.
3. Should either of these time-limits elapse before action has been taken, any
warden or other officer, civil or military servant, responsible for the
detention of the arrested person must release him immediately. Violators shall
be punished for illegal detention and shall be liable to restore any damage
caused to the sufferer and to pay him a monetary compensation for pain and
suffering, as specified by law.
4. The maximum duration of detention pending trial shall be specified by law;
such detention may not exceed a period of one year in the case of felonies or
six months in the case of misdemeanours. In entirely exceptional cases, the
maximum durations may be extended by six or three months respectively, by
decision of the competent judicial council.
Article 7
1. There shall be no crime, nor shall punishment be inflicted unless specified
by law in force prior to the perpetration of the act, defining the constitutive
elements of the act. In no case shall punishment more severe than that specified
at the time of the perpetration of the act be inflicted.
2. Torture, any bodily maltreatment, impairment of health or the use of
psychological violence, as well as any other offence against human dignity are
prohibited and punished as provided by law.
3. General confiscation of property is prohibited. The death sentence shall not
be imposed for political crimes, unless these are composite.
4. The conditions under which the State, following a judicial decision, shall
indemnify persons unjustly or illegally convicted, detained pending trial, or
otherwise deprived of their personal liberty shall be provided by law.
Article 8
No person shall be deprived of the judge assigned to him by law against his
will.
Judicial committees or extraordinary courts, under any name whatsoever, shall
not be constituted.
Article 9
1. Every person's home is a sanctuary. The private and family life of the
individual is inviolable. No home search shall be made, except when and as
specified by law and always in the presence of representatives of the judicial
power.
2. Violators of the preceding provision shall be punished for violating the
home's asylum and for abuse of power, and shall be liable for full damages to
the ufferer, as specified by law.
Article 10
1. Each person, acting on his own or together with others, shall have the right,
observing the laws of the State, to petition in writing public authorities, who
shall be obliged to take prompt action in accordance with provisions in force,
and to give a written and reasoned reply to the petitioner as provided by law.
2. Prosecution of the person who has submitted a petition for punishable acts
contained therein shall be permitted only after notification of the final
decision of the authority to which the petition was addressed has taken place
and after permission of this authority has been obtained.
3. A request for information shall oblige the competent authority to reply,
provided the law thus stipulates.
Article 11
1. Greeks shall have the right to assemble peaceably and unarmed.
2. The police may be present only at outdoor public assemblies. Outdoor
assemblies may be prohibited by a reasoned police authority decision, in general
if a serious threat to public security is imminent, and in a specific area, if a
serious disturbance of social and economic life is threatened, as specified by
law.
Article 12
1. Greeks shall have the right to form non-profit associations and unions, in
compliance with the law, which, however, may never subject the exercise of this
right to prior permission.
2. An association may not be dissolved for violation of the law or of a
substantial provision of its statutes, except by court judgment.
3. The provisions of the preceding paragraph shall apply, as the case may be, to
unions of persons not constituting an association.
4. Restrictions on the right of civil servants to associate may be imposed by
statute. Restrictions on this right may also be imposed on employees of local
government agencies or other public law legal persons or public corporations.
5. Agricultural and urban cooperatives of all types shall be self-governed
according to the provisions of the law and of their statutes; they shall be
under the protection and supervision of the State which is obliged to provide
for their development.
6. Establishment by law of compulsory cooperatives serving purposes of common
benefit or public interest or common exploitation of farming areas or other
wealth producing sources shall be permitted, on condition however that the equal
treatment of all participants shall be assured.
Article 13
1. Freedom of religious conscience is inviolable. The enjoy- ment of civil
rights and liberties does not depend on the indivi-dual's religious beliefs.
2. All known religions shall be free and their rites of worship shall be
performed unhindered and under the protection of the law. The practice of rites
of worship is not allowed to offend public order or the good usages. Proselytism
is prohibited.
3. The ministers of all known religions shall be subject to the same supervision
by the State and to the same obligations toward it as those of the prevailing
religion.
4. No person shall be exempt from discharging his obligations to the State or
may refuse to comply with the laws by reason of his religious convictions.
5. No oath shall be imposed or administered except as specified by law and in
the form determined by law.
Article 14
1. Every person may express and propagate his thoughts orally, in writing and
through the press in compliance with the laws of the State.
2. The press is free. Censorship and all other preventive measures are
prohibited.
3. The seizure of newspapers and other publications before or after circulation
is prohibited.
Seizure by order of the public prosecutor shall be allowed exceptionally after
circulation and in case of:
- a) an offence against the Christian or any other known religion.
- b) an insult against the person of the President of the Republic.
- c) a publication which discloses information on the composition,
equipment and set-up of the armed forces or the fortifica-tions of the
country, or which aims at the violent overthrow of the regime or is directed
against the territorial integrity of the State.
- d) an obscene publication which is obviously offensive to public
decency, in the cases stipulated by law.
4. In all the cases specified under the preceding paragraph, the public
prosecutor must, within twenty-four hours from the seizure, submit the case to
the judicial council which, within the next twenty-four hours, must rule whether
the seizure is to be maintained or lifted; otherwise it shall be lifted ipso
jure. An appeal may be lodged with the Court of Appeals and the Supreme Civil
and Criminal Court by the publisher of the newspaper or other printed matter
seized and by the public prosecutor.
5. The manner in which full retraction shall be made in cases of inaccurate
publications shall be determined by law.
6. After at least three convictions within five years for the criminal acts
defined under paragraph 3, the court shall order the definitive ban or the
temporary suspension of the publication of the paper and, in severe cases, shall
prohibit the convicted person from practising the profession of journalist as
specified by law. The ban or suspension of publication shall be effective as of
the date the court order becomes irrevocable.
7. Press offences shall be subject to immediate court hearing and shall be tried
as provided by law.
8. The conditions and qualifications requisite for the practice of the
profession of journalist shall be specified by law.
9. The law may specify that the means of financing newspapers and periodicals
should be disclosed.
Article 15
1. The protective provisions for the press in the preceding article shall not be
applicable to films, sound recordings, radio, television or any other similar
medium for the transmission of speech or images.
2. Radio and television shall be under the immediate control of the State and
shall aim at the objective transmission, on equal terms, of information and news
reports as well as works of literature and art; the qualitative level of
programs shall be assured in consideration of their social mission and the
cultural development of the country.
Article 16
1. Art and science, research and teaching shall be free and their development
and promotion shall be an obligation of the State. Academic freedom and freedom
of teaching shall not exempt anyone from his duty of allegiance to the
Constitution.
2. Education constitutes a basic mission for the State and shall aim at the
moral, intellectual, professional and physical training of Greeks, the
development of national and religious consciousness and at their formation as
free and responsible citizens.
3. The number of years of compulsory education shall be no less than nine.
4. All Greeks are entitled to free education on all levels at State educational
institutions. The State shall provide financial assistance to those who
distinguish themselves, as well as to students in need of assistance or special
protection, in accordance with their abilities.
5. Education at university level shall be provided exclusively by institutions
which are fully self-governed public law legal persons. These institutions shall
operate under the supervision of the State and are entitled to financial
assistance from it; they shall operate on the basis of statutorily enacted
by-laws. Merging or splitting of university level institutions may take place
notwithstanding any contrary provisions, as a law shall provide.
A special law shall define all matters pertaining to student associations and
the participation of students therein. 6. Professors of university level
institutions shall be public functionaries. The remaining teaching personnel
likewise perform a public function, under the conditions specified by law. The
statutes of respective institutions shall define matters relating to the status
of all the above.
Professors of university level institutions shall not be dismissed prior to the
lawful termination of their term of service, except in the cases of the
substantive conditions provided by article 88 paragraph 4 and following a
decision by a council constituted in its majority of highest judicial
functionaries, as specified by law.
The retirement age of professors of university level institutions shall be
determined by law; until such law is issued, professors on active service shall
retire ipso jure at the end of the academic year at which they have reached the
age of sixty-seven.
7. Professional and any other form of special education shall be provided by the
State, through schools of a higher level and for a time period not exceeding
three years, as specifically provided by law which also defines the professional
rights of the graduates of such schools.
8. The conditions and terms for granting a license for the establishment and
operation of schools not owned by the State, the supervision of such and the
professional status of teaching personnel therein shall be specified by law.
The establishment of university level institutions by private persons is
prohibited.
9. Athletics shall be under the protection and the ultimate supervision of the
State.
The State shall make grants to and shall control all types of athletic
associations, as specified by law. The use of grants in accordance with the
purpose of the associations receiving them shall also be specified by law.
Article 17
1. Property is under the protection of the State; rights deriving therefrom,
however, may not be exercised contrary to the public interest.
2. No one shall be deprived of his property except for public benefit which must
be duly proven, when and as specified by statute and always following full
compensation corresponding to the value of the expropriated property at the time
of the court hearing on the provisional determination of compensation. In cases
in which a request for the final determination of compensation is made, the
value at the time of the court hearing of the request shall be considered.
3. Any change in the value of expropriated property occurring after publication
of the act of expropriation and resulting exclusively therefrom shall not be
taken into account.
4. Compensation shall in all cases be determined by civil courts. Such
compensation may also be determined provisionally by the court after hearing or
summoning the beneficiary, who may be obliged, at the discretion of the court,
to furnish a commensurate guarantee for collecting the compensation as provided
by law.
Prior to payment of the final or provisional compensation determined by the
court, all rights of the owner shall be maintained intact and occupation of the
property shall not be allowed.
Compensation in the amount determined by the court must in all cases be paid
within one and one half years at the latest from the date of publication of the
decision regarding provisional determination of compensation payable, and in
cases of a direct request for the final determination of compensation, from the
date of publication of the court ruling, otherwise the expropriation shall be
revoked ipso jure.
The compensation as such is exempt from any taxes, deductions or fees.
5. The cases in which compulsory compensation shall be paid to the beneficiaries
for lost income from expropriated property until the time of payment of the
compensation shall be specified by law.
6. In the case of execution of works serving the public benefit or being of a
general importance to the economy of the country, a law may allow the
expropriation in favour of the State of wider zones beyond the areas necessary
for the execution of the works. The said law shall specify the conditions and
terms of such expropriation, as well as the matters pertaining to the disposal
for public or public utility purposes in general, of areas expropriated in
excess of those required.
7. The digging of underground tunnels at the appropriate depth without
compensation, may be allowed by law for the execution of works of evident public
utility for the State, public law legal persons, local government agencies,
public utility agencies and public enterprises, on condition that the normal
exploitation of the property situated above shall not be hindered.
Article 18
1. The ownership and disposal of mines, quarries, caves, archaeological sites
and treasures, mineral, running and underground waters and underground resources
in general, shall be regulated by special laws.
2. The ownership, exploitation and administration of lagoons and large lakes, as
well as the general disposal of areas resulting from the draining of such, shall
be regulated by law.
3. Requisitions of property for the needs of the armed forces in case of war or
mobilization, or for the purpose of facing an immediate social emergency that
may endanger public order or health, shall be regulated by special laws.
4. The redistribution of agricultural areas for the purpose of exploiting the
land more profitably, as well as the adoption of measures to prevent excessive
parcelling or to facilitate restructuring of small parcelled farm holdings,
shall be allowed in accordance with the procedure specified by special law.
5. In addition to the cases specified in the preceding paragraphs, the law may
provide for other necessary deprivations of the free use and enjoyment of
property, owing to special circumstances. The law shall specify the obligor and
the procedure of payment to the person entitled to compensation for the use or
enjoyment, which must be commensurate to the conditions present on each
occasion.
Measures imposed in accordance with this paragraph shall be lifted as soon as
the special reasons that necessitated them cease to exist. In case of undue
prolongation of the measures, the Supreme Administrative Court shall decide on
their revocation, by categories of cases, upon recourse by any person having a
legitimate interest.
6. A law may regulate the disposal of abandoned lands for the purpose of
revalorizing them to the benefit of the national economy and the rehabilitation
of destitute farmers. The same law shall provide for the matters of partial or
full compensation of owners, in case of their reappearance within a reasonable
time limit.
7. Compulsory joint ownership of adjoining properties in urban areas may be
introduced by law, if independent rebuilding on the said properties or some of
them does not conform with the applicable or prospective building regulations in
the area.
8. Farmlands belonging to the Patriarchal Monasteries of Aghia Anastasia
Pharmacolytria in Chalkidiki, of Vlatadhes in Thessaloniki and Ioannis the
Evangelist Theologos in Patmos, with the exception of the dependencies thereof,
cannot be subject to expropriation. Likewise the property in Greece of the
Patriarchates of Alexandria, Antiocheia and Jerusalem and that of the Holy
Monastery of Mount Sinai cannot be subject to expropriation.
Article 19
Secrecy of letters and all other forms of free correspondence or communication
shall be absolutely inviolable. The guaranties under which the judicial
authority shall not be bound by this secrecy for reasons of national security or
for the purpose of investigating especially serious crimes, shall be specified
by law.
Article 20
1. Every person shall be entitled to receive legal protection by the courts and
may plead before them his views concerning his rights or interests, as specified
by law.
2. The right of a person to a prior hearing also applies in any administrative
action or measure adopted at the expense of his rights or interests.
Article 21
1. The family, being the cornerstone of the preservation and the advancement of
the Nation, as well as marriage, motherhood and childhood, shall be under the
protection of the State.
2. Families with many children, disabled war and peace-time veterans, war
victims, widows and orphans, as well as persons suffering from incurable bodily
or mental ailments are entitled to the special care of the State.
3. The State shall care for the health of citizens and shall adopt special
measures for the protection of youth, old age, disability and for the relief of
the needy.
4. The acquisition of a home by the homeless or those inadequately sheltered
shall constitute an object of special State care.
Article 22
1. Work constitutes a right and shall enjoy the protection of the State, which
shall seek to create conditions of employment for all citizens and shall pursue
the moral and material advancement of the rural and urban working population.
All workers, irrespective of sex or other distinctions, shall be entitled to
equal pay for work of equal value.
2. General working conditions shall be determined by law, supplemented by
collective labour agreements contracted through free negotiations and, in case
of the failure of such, by rules determined by arbitration.
3. Any form of compulsory work is prohibited.
Special laws shall determine the requisition of personal services in case of war
or mobilization or to face defence needs of the country or urgent social
emergencies resulting from disasters or liable to endanger public health, as
well as the contribution of personal work to local government agencies to
satisfy local needs.
4. The State shall care for the social security of the working people, as
specified by law.
Interpretative clause:
The general working conditions include the definition of the manner of
collection and the agent obliged to collect and return to trade unions
membership fees, specified in their respective by-laws.
Article 23
1. The State shall adopt due measures safeguarding the freedom to unionise and
the unhindered exercise of related rights against any infringement thereon
within the limits of the law.
2. Strike constitutes a right to be exercised by lawfully established trade
unions in order to protect and promote the financial and the general labour
interests of working people.
Strikes of any nature whatsoever are prohibited in the case of judicial
functionaries and those serving in the security corps. The right to strike shall
be subject to the specific limitations of the law regulating this right in the
case of public servants and employees of local government agencies and of public
law legal persons as well as in the case of the employees of all types of
enterprises of a public nature or of public benefit, the operation of which is
of vital importance in serving the basic needs of the society as a whole. These
limitations may not be carried to the point of abolishing the right to strike or
hindering the lawful exercise thereof.
Article 24
1. The protection of the natural and cultural environment constitutes a duty of
the State. The State is bound to adopt special preventive or repressive measures
for the preservation of the environment. Matters pertaining to the protection of
forests and forest expanses in general shall be regulated by law. Alteration of
the use of state forests and state forest expanses is prohibited, except where
agricultural development or other uses imposed for the public interest prevail
for the benefit of the national economy.
2. The master plan of the country, and the arrangement, development,
urbanisation and expansion of towns and residential areas in general, shall be
under the regulatory authority and the control of the State, in the aim of
serving the functionality and the development of settlements and of securing the
best possible living conditions.
3. For the purpose of designating an area as residential and of activating its
urbanisation, properties included therein must participate, without compensation
from the respective agencies, in the disposal of land necessary for the
construction of roads, squares and public utility areas in general, and
contribute toward the expenses for the execution of the basic public urban works,
as specified by law.
4. The law may provide for the participation of property owners of an area
designated as residential in the development and general accommodation of that
area, on the basis of an approved town plan, in exchange for real estate or
apartments of equal value in the parts of such areas that shall finally be
designated as suitable for construction or in buildings of the same area.
5. The provisions of the preceding paragraphs shall also be applicable in the
rehabilitation of existing residential areas. Spaces remaining free after
rehabilitation shall be allotted to the creation of common utility areas or
shall be sold to cover expen-ses incurred for the rehabilitation, as specified
by law. 6. Monuments and historic areas and elements shall be under the
protection of the State. A law shall provide for measures restrictive of private
ownership deemed necessary for protection thereof, as well as for the manner and
the kind of compensation payable to owners.
Article 25
1. The rights of man as an individual and as a member of the society are
guaranteed by the State and all agents of the State shall be obliged to ensure
the unhindered exercise thereof.
2. The recognition and protection of the fundamental and inalienable rights of
man by the State aims at the achievement of social progress in freedom and
justice.
3. The abusive exercise of rights is not permitted.
4. The State has the right to claim of all citizens to fulfil the duty of social
and national solidarity.
PART THREE ORGANIZATION AND FUNCTIONS OF THE STATE
SECTION I STRUCTURE OF THE STATE
Article 26
1. The legislative powers shall be exercised by the Parliament and the
Presidents of the Republic.
2. The executive powers shall be exercised by the President of the Republic and
the Government.
3. The judicial powers shall be exercised by courts of law, the decisions of
which shall be executed in the name of the Greek People.
Article 27
1. No change in the boundaries of the Country can be made without a statute
passed by an absolute majority of the total number of Members of Parliament.
2. Foreign military forces are not acceptable on Greek territory, nor may they
remain in or traverse it, except as provided by law passed by an absolute
majority of the total number of Members of Parliament.
Article 28
1. The generally recognised rules of international law, as well as international
conventions as of the time they are sanctioned by statute and become operative
according to their respective conditions, shall be an integral part of domestic
Greek law and shall prevail over any contrary provision of the law. The rules of
international law and of international conventions shall be applicable to aliens
only under the condition of reciprocity.
2. Authorities provided by the Constitution may by treaty or agreement be vested
in agencies of international organizations, when this serves an important
national interest and promotes cooperation with other States. A majority of
three-fifths of the total number of Members of Parliament shall be necessary to
vote the law anctioning the treaty or agreement.
3. Greece shall freely proceed by law passed by an absolute majority of the
total number of Members of Parliament to limit the exercise of national
sovereignty, insofar as this is dictated by an important national interest, does
not infringe upon the rights of man and the foundations of democratic government
and is effected on the basis of the principles of equality and under the
condition of reciprocity.
Article 29
1. Greek citizens possessing the right to vote may freely found and join
political parties, the organization and activity of which must serve the free
functioning of democratic government.
Citizens who have not yet acquired the right to vote may participate in youth
sections of parties.
2. The financial support of parties by the State and the publicity of electoral
expenses of parties and parliamentary candidates may be provided by law.
3. Manifestations of any nature whatsoever in favour of political parties by
judicial functionaries, the military in general, members of the security corps
and public servants, as well as the active support in favour of a party by
employees of public law legal persons, public enterprises and local government
agencies are absolutely prohibited.
SECTION II THE PRESIDENT OF THE REPUBLIC
CHAPTER ONE Election of the President
Article 30
1. The President of the Republic shall regulate the function of the institutions
of the Republic. He shall be elected by Parliament for a term of five years, as
specified in articles 32 and 33.
2. The office of the President shall be incompatible with any other office,
position or function.
3. The presidential tenure commences upon the swearing-in of the President.
4. In case of war, the presidential tenure shall be extended until termination
of the war.
5. Re-election of the same person as President is permitted only once.
Article 31
To be eligible for election to the presidency, a person must be a Greek citizen
for at least five years, be of Greek descendence from the father's line, have
attained the age of forty and be legally entitled to vote.
Article 32
* 1. The President of the Republic shall be elected by the Parliament through
vote by roll call in a special session called for this purpose by the Speaker at
least one month before the expiration of the tenure of the incumbent President,
as specified by the Standing Orders.
In case of permanent incapacity of the President of the Republic to discharge
his duties, as specified in paragraph 2 of article 34, as well as in case of his
esignation, death, or removal from office in accordance with the provisions of
the Constitution, Parliament shall be assembled to elect a new President within
ten days at the latest from the premature termination of the tenure of office by
the previous President.
2. In all cases, the election of a President shall be made for a full term.
3. The person receiving a two-thirds majority of the total number of Members of
Parliament shall be elected President of the Republic.
Should the said majority not be attained, the ballot shall be repeated after
five days.
Should the second ballot fail to produce the required majority, the ballot shall
once more be repeated after five days; the person receiving a three-fifths
majority of the total number of Members of Parliament shall be elected President
of the Republic.
* 4. Should the third ballot fail to produce the said qualified majority,
Parliament shall be dissolved within ten days of the ballot, and elections for a
new Parliament shall be called.
As soon as the Parliament thus elected shall have constituted itself as a body,
it shall proceed through vote by roll call to elect the president of the
Republic by a three-fifths majority of the total number of Members of
Parliament.
Should the said majority not be attained, the ballot shall be repeated within
five days and the person receiving an absolute majority of the votes of the
total number of Members of Parliament shall be elected President of the
Republic. Should this majority also not be attained, the ballot shall once more
be repeated after five days between the two persons with the highest number of
votes, and the person receiving a relative majority shall be deemed elected
President of the Republic.
5. Should the Parliament be absent, a special session shall be convoked to elect
the President of the Republic, as specified in paragraph 4.
If the Parliament has been dissolved in any way whatsoever, the election of the
President of the Republic shall be postponed until the new Parliament shall have
constituted itself as a body and within twenty days at the latest thereof, as
specified in paragraphs 3 and 4 and in adherence with the provisions of
paragraph 1 of article 34.
6. Should the procedure specified under the preceding paragraphs for the
election of a new President not be completed in time, the incumbent President of
the Republic shall continue to discharge his duties even after his term of
office has expired, until a new President of the Republic is elected.
Interpretative clause:
A President of the Republic who has resigned prior to the expiration of his
tenure may not be a candidate in the elections resulting from his resignation.
Article 33
1. The President-elect shall assume the exercise of his duties on the day
following the expiration of the term of the outgoing President or, in all other
cases, on the day following his election.
2. Before assuming the exercise of his duties, the President of the Republic
shall take the following oath before Parliament:
"I do swear in the name of the Holy and consubstantial and Indivisible Trinity
to safeguard the Constitution and the laws, to care for the faithful observance
thereof, to defend the national independence and territorial integrity of the
Country, to protect the rights and liberties of the Greeks and to serve the
general interest and the progress of the Greek People".
3. A statute shall provide for the civil list of the President of the Republic
and the functioning of services necessary for the discharge of his duties.
Article 34
1. Should the President of the Republic be absent abroad for more than ten days,
or be deceased or resign or be removed from office or be incapable on any ground
for the discharge of his duties, he shall be temporarily replaced by the Speaker
of the Parliament; or if there is no Parliament, by the Speaker of the preceding
Parliament and, should the latter refuse or not exist, by the Cabinet
collectively.
During the term of replacement of the President, the provisions concerning the
dissolution of Parliament, except in the case specified in article 32 paragraph
4, as well as the provisions relating to the dismissal of the Cabinet and
recourse to a referendum as specified in article 38 paragraph 2 and article 44
para-graph 2, shall not be applicable.
2. Should the incapacity of the President of the Republic to discharge his
duties be prolonged for a period exceeding thirty days, the Parliament is
mandatorily convoked even if it has been dissolved, for the purpose of deciding,
by a three-fifths majority of the total number of its members, if the situation
calls for the election of a new President. In no case however may the election
of a new President of the Republic be delayed for more than six months from the
commencement of his replacement due to his incapacity.
CHAPTER TWO Powers and liability from the acts of the President
Article 35
* 1. No act of the President of the Republic shall be valid nor be executed
unless it has been countersigned by the competent Minister who, by his signature
alone shall be rendered responsible, and unless it has been published in the
Government Gazette.
If the Cabinet has been relieved of its duties as provided by article 38
paragraph 1, and the Prime Minister fails to counter- sign the relative decree,
this shall be signed by the President of the Republic alone.
* 2. By exception, the following acts shall not require countersignature:
a) The appointment of the Prime Minister.
b) The assignment of an exploratory mandate in accordance with article 37,
paragraphs 2, 3 and 4.
c) The dissolution of the Parliament in accordance with articles 32 paragraph 4,
and 41 paragraph 1, if the Prime Minister fails to countersign, and in
accordance with article 53 paragraph 1 if the Cabinet fails to countersign.
d) The return to Parliament of a voted Bill or law proposal in accordance with
article 42 paragraph 1.
e) The staff appointments to the administrative services of the Presidency of
the Republic.
* 3. The decree to proclaim a referendum on a Bill, as provided by article 44
paragraph 2, shall be countersigned by the Speaker of the Parliament.
Article 36
1. The President of the Republic, complying absolutely with the provisions of
article 35 paragraph 1, shall represent the State internationally, declare war,
conclude treaties of peace, alliance, economic cooperation and participation in
international organizations or unions and he shall announce them to the
Parliament with the necessary clarifications, whenever the interest and the
security of the State thus allow.
2. Conventions on trade, taxation, economic cooperation and participation in
international organizations or unions and all others containing concessions for
which, according to other provisions of this Constitution, no provision can be
made without a statute, or which may burden the Greeks individually, shall not
be operative without ratification by a statute voted by the Parliament.
3. Secret articles of an agreement may in no case reverse the open ones.
4. The ratification of international treaties may not be the object of
delegation of legislative power as specified in article 43 paragraphs 2 and 4.
Article 37
1. The President of the Republic shall appoint the Prime Minister and on his
recommendation shall appoint and dismiss the other members of the Cabinet and
the Undersecretaries.
* 2. The leader of the party having the absolute majority of seats in Parliament
shall be appointed Prime Minister. If no party has the absolute majority, the
President of the Republic shall give the leader of the party with a relative
majority an exploratory mandate in order to ascertain the possibility of forming
a Government enjoying the confidence of the Parliament.
* 3. If this possibility cannot be ascertained, the President of the Republic
shall give the exploratory mandate to the leader of the second largest party in
Parliament, and if this proves to be unsuccessful, to the leader of the third
largest party in Parliament. Each exploratory mandate shall be in force for
three days. If all exploratory mandates prove to be unsuccessful, the President
of the Republic summons all party leaders, and if the impossibility to form a
Cabinet enjoying the confidence of the Parliament is confirmed, he shall attempt
to form a Cabinet composed of all parties in Parliament for the purpose of
holding parliamentary elections. If this fails, he shall entrust the President
of the Supreme Administrative Court or of the Supreme Civil and Criminal Court
or of the Court of Auditors to form a Cabinet as widely accepted as possible to
carry out elections and dissolves Parliament.
* 4. In cases that a mandate to form a Cabinet or an exploratory mandate is
given in accordance with the aforementioned paragraphs, if the party has no
leader or party spokesman, or if the leader or party spokesman has not been
elected to Parliament, the President of the Republic shall give the mandate to a
person proposed by the party's parliamentary group. The proposal for the
assignment of a mandate must occur within three days of the Speaker's or his
Deputy's communication to the President of the Republic about the number of
seats possessed by each party in Parliament; the aforesaid communication must
take place before any mandate is given.
*Interpretative clause:
As far as exploratory mandates are concerned, when parties have an equal number
of seats in Parliament, the one having acquired more votes at the elections,
precedes the other. A recently formed party with a parliamentary group, as
provided by the Standing Orders of Parliament, follows an older one with an
equal number of seats. In both these instances, exploratory mandates cannot be
given to more than four parties.
Article 38
* 1. The President of the Republic shall relieve the Cabinet from its duties if
the Cabinet resigns, or if Parliament withdraws its confidence, as specified in
article 84. In such cases, the provisions of paragraphs 2, 3 and 4 of article 37
are analogously applied.
If the Prime Minister of the resigned Cabinet is also the leader or party
spokesman of the party with an absolute majority of the total number of Members
in Parliament, then the provision of article 37 paragraph 3, section c is
analogously applied.
* 2. Should the Prime Minister resign or be deceased, the President of the
Republic shall appoint as Prime Minister the person proposed by the
parliamentary group of the party to which the former belonged. Such proposal
must be submitted within three days at the latest. Until the appointment of the
new Prime Minister, the discharge of the Prime Minister's duties is undertaken
by the first in order Deputy Prime Minister or Minister.
*Interpretative clause:
The provision of paragraph 2 is also applied in the case of replacement of the
President of the Republic, as provided in article 34.
Article 39
* [Repealed by the 1986 Amendment]
Article 40
1. The President of the Republic shall convoke Parliament to a regular session
once a year as specified in article 64 paragraph 1 and to an extraordinary
session whenever he shall judge this to be reasonable, and he shall proclaim the
commencement and termination of each parliamentary term in person or through the
Prime Minister.
2. The President of the Republic may suspend a parliamentary session only once,
either by postponing its commencement or by adjourning it.
3. Suspension of a session may not be extended beyond a period of thirty days,
nor may such suspension be repeated during the same session without the consent
of Parliament itself.
Article 42
* 1. The President of the Republic shall promulgate and publish the statutes
passed by the Parliament within one month of the vote. The President of the
Republic may, within the time-limit provided for in the preceding sentence, send
back a Bill passed by Parliament, stating his reasons for this return.
* 2. A Bill sent back to Parliament by the President of the Republic shall be
introduced to the Plenum and, if it is passed again by an absolute majority of
the total number of members, following the procedure provided in article 76
paragraph 2, the President of the Republic is bound to promulgate and publish it
within ten days of the second vote.
* 3. [Paragraph 3 repealed by the 1986 Amendment].
Article 43
1. The President of the Republic shall issue the decrees nec- essary for the
execution of statutes; he may never suspend the application of laws nor exempt
anyone from their execution.
2. The issuance of general regulatory decrees, by virtue of special delegation
granted by statute and within the limits of such delegation, shall be permitted
on the proposal of the competent Minister. Delegation for the purpose of issuing
regulatory acts by other administrative organs shall be permitted in cases
concerning the regulation of more specific matters or matters of local interest
or of a technical and detailed nature.
* 3. [Paragraph 3 repealed by the 1986 Amendment]. 4. By virtue of statutes
passed by the Plenum of the Parliament, delegation may be given for the issuance
of general regulatory decrees for the regulation of matters specified by such
statutes in a broad framework. These statutes shall set out the general
principles and directives of the regulation to be followed and shall set
time-limits within which the delegation must be used.
5. Matters which, as specified in article 72 paragraph 1, belong to the
competence of the plenary session of the Parliament, cannot be the object of
delegation as specified in the preceding paragraph.
Article 44
1. Under extraordinary circumstances of an urgent and unforeseeable need, the
President of the Republic may, upon the proposal of the Cabinet, issue acts of
legislative content. Such acts shall be submitted to Parliament for
ratification, as specified in the provisions of article 72 paragraph 1, within
forty days of their issuance or within forty days from the convocation of a
parliamentary session. Should such acts not be submitted to Parliament within
the above time-limits or if they should not be ratified by Parliament within
three months of their submission, they will henceforth cease to be in force.
* 2. The President of the Republic shall by decree proclaim a referendum on
crucial national matters following a resolution voted by an absolute majority of
the total number of Members of Parliament, taken upon proposal of the Cabinet.
A referendum on Bills passed by Parliament regulating important social matters,
with the exception of the fiscal ones shall be proclaimed by decree by the
President of the Republic, if this is decided by three-fifths of the total
number of its members, following a proposal of two-fifths of the total number of
its members, and as the Standing Orders and the law for the application of the
present paragraph provide. No more than two proposals to hold a referendum on a
Bill can be introduced in the same parliamen- tary term.
Should a Bill be voted, the time-limit stated in article 42 paragraph 1 begins
the day the referendum is held.
* 3. The President of the Republic may under exceptional circumstances address
messages to the People with the consent opinion of the Prime Minister. Those
messages should be countersigned by the Prime Minister and published in the
Government Gazette.
Article 45
The President of the Republic is the commander in chief of the Nation's Armed
Forces, the command of which shall be exercised by the Government, as specified
by law. The President shall also confer ranks on those serving therein, as
specified by law.
Article 46
1. The President of the Republic shall appoint and dismiss public servants, in
accordance with the law, except in cases spe- cified by law.
2. The President of the Republic shall confer the established decorations in
accordance with the provisions of the relevant law.
Article 47
1. The President of the Republic shall have the right, pursuant to a
recommendation by the Minister of Justice and after consulting with a council
composed in its majority of judges, to grant pardons, to commute or reduce
sentences pronounced by the courts, and to revoke all consequences at law of
sentences pronounced and served. 2. The President of the Republic shall have the
right to grant pardon to a Minister convicted as provided in article 86, only
with the consent of Parliament.
* 3. Amnesty may be granted only for political crimes, by statute passed by the
Plenum of the Parliament with a majority of three-fifths of the total number of
members.
4. Amnesty for common crimes may not be granted even by law.
Article 48
* 1. In case of war or mobilization owing to external dangers or an imminent
threat against national security, as well as in case of an armed coup aiming to
overthrow the democratic regime, the Parliament, issuing a resolution upon a
proposal of the Cabinet, puts into effect throughout the State, or in parts
there of the sta- tute on the state of siege, establishes extraordinary courts
and suspends the force of the provisions of articles 5 paragraph 4, 6, 8, 9, 11,
12 paragraphs 1 to 4 included, 14, 19, 22 paragraph 3, 23, 96 paragraph 4, and
97, in whole or in part. The President of the Republic publishes the resolution
of Parliament.
The resolution of Parliament determines the duration of the effect of the
imposed measures, which cannot exceed fifteen days.
* 2. If the Parliament is absent or if it is objectively impossible that it be
convoked in time, the measures mentioned in the preceding paragraph are taken by
presidential decree issued on the proposal of the Cabinet. The Cabinet shall
submit the decree to Parliament for approval as soon as its convocation is
rendered possible, even when its term has ended or it has been dissolved, and in
any case no later than fifteen days.
* 3. The duration of the measures mentioned in the preceding paragraphs may be
extended every fifteen days, only upon resolu- tion passed by the Parliament
which must be convoked regardless of whether its term has ended or whether it
has been dissolved.
* 4. The measures specified in the preceding paragraphs are lifted ipso jure
with the expiration of the time-limits specified in paragraphs 1, 2 and 3,
provided that they are not extended by a resolution of Parliament, and in any
case with the termination of war if this was the reason of their imposition.
* 5. From the time that the measures referred to in the previous paragraphs come
into effect, the President of the Republic may, following a proposal of the
Cabinet, issue acts of legislative content to meet emergencies, or to restore as
soon as possible the functioning of the constitutional institutions. Those acts
shall be submitted to Parliament for ratification within fifteen days of their
issuance or of the convocation of Parliament in session. Should they not be
submitted to Parliament within the above-mentioned time-limit, or not be
approved by it within fifteen days of their submission, they cease henceforth to
be in force. The statute on the state of siege may not be amended during its
enforcement.
* 6. The resolutions of Parliament referred to in paragraphs 2 and 3 shall be
adopted by a majority of the total number of members, and the resolution
mentioned in paragraph 1 by a three-fifths majority of the total number of
members. Parliament must decide these matters in only one sitting. * 7.
Throughout the duration of the application of the measures of the state of
emergency taken in accordance with the present article, the provisions of
articles 61 and 62 of the Constitution shall apply ipso jure regardless of
whether Parliament has been dissolved or its term has ended.
Article 49
1. The President of the Republic shall in no case be held liable for acts
performed in the discharge of his duties, except only for high treason or
intentional violation of the Constitution. For acts not related to the discharge
of his duties, prosecution shall be suspended until the expiration of the
presidential term.
2. A proposal to bring charges against and impeach the President of the Republic
shall be submitted to Parliament signed by at least one-third of its members and
shall require for its adoption a resolution by two-thirds majority of the total
number of its members.
3. If the proposal is adopted, the President of the Republic shall be arraigned
before the court specified in article 86, the provisions of which shall be
accordingly applicable in this case.
4. As of his arraignment, the President of the Republic shall abstain from the
discharge of his duties, and shall be replaced as specified in article 34. He
shall resume his duties if his term has not expired, as of the issuance of his
acquittal by the court specified in article 86.
5. The implementation of the provisions of the present article shall be provided
by law enacted by the Parliament in a plenary session.
Article 50
The President of the Republic shall have no powers other than those explicitly
conferred upon him by the Constitution and the laws concurrent herewith.
PART THREE ORGANIZATION AND FUNCTIONS OF THE STATE
Article 51
1. The number of the Members of Parliament shall be specified by statute; it
cannot, however, be below two hundred or over three hundred.
2. The Members of Parliament represent the Nation.
3. The Members of Parliament shall be elected through direct, universal and
secret ballot by the citizens who have the right to vote, as specified by law.
The law cannot abridge the right to vote except in cases where a minimum age has
not been attained or in cases of legal incapacity or as a result of irrevocable
criminal conviction for certain felonies.
4. Parliamentary elections shall be held simultaneously throughout the State.
Matters pertaining to the exercise of the right to vote by persons living
outside the Country may be specified by law.
5. The exercise of the right to vote shall be compulsory. Exceptions and
criminal sanctions shall be specified each time by law.
Article 52
The free and unfalsified expression of the popular will as an expression of
popular sovereignty, shall be guaranteed by all State officers who shall be
obliged to ensure such under all circum- stances. Criminal sanctions for
violations of this provision shall be specified by law.
Article 53
1. The Members of Parliament shall be elected for a term of four consecutive
years, commencing on the day of the general elections. Upon expiration of the
parliamentary term, there shall be proclaimed by presidential decree
countersigned by the Cabinet, general parliamentary elections to be held within
thirty days and the convocation of the new Parliament in regular session within
another thirty days.
2. A parliamentary seat that has become vacant during the last year of a
parliamentary term shall not be filled by a by-election, where such is required
by law, as long as the number of vacant seats does not exceed one-fifth of the
total number of the Members of Parliament.
3. In case of war, the parliamentary term shall be extended for the entire
duration thereof. If Parliament has been dissolved, elections shall be postponed
until the termination of the war and the Parliament dissolved shall be recalled
ipso jure until that time.
Article 54
1. The electoral system and election districts shall be specified by law.
2. The number of Members of Parliament elected in each electoral district shall
be specified by presidential decree on the basis of the legal population
thereof, as it appears in the latest census.
3. Part of the Parliament, comprising not more than the one twentieth of the
total number of its members, may be elected throughout the Country at large in
proportion to the total electoral strength of each party throughout the Country,
as specified by law.
CHAPTER TWO Disqualifications and Incompatibilities for Members of
Parliament
Article 55
1. To be elected as Member of Parliament, one must be a Greek citizen, have the
legal capacity to vote and have attained the age of twenty-five years on the day
of the election.
2. A Member of Parliament deprived of any of the above qualifications shall
forfeit his parliamentary office ipso jure.
Article 56
1. Salaried civil functionaries and servants or officers of the armed forces and
the security corps, employees of local government agencies or other public law
legal persons, mayors and community presidents, governors or chairmen of the
boards of directors of public law legal persons or of public or municipal
enterprises, notaries public, registrars of mortgages and transfers may neither
stand for election nor be elected to Parliament if they have not resigned from
the said offices prior to their nomination. Such resignations shall be valid
upon written submission thereof. Military officers who have resigned may under
no circumstances return to active service; the return of civil functionaries and
servants to their posts in prohibited prior to the lapse of one year from their
resignation.
2. Professors of institutions of university level are exempt from the
restrictions of the preceding paragraph. The exercise of the duties of professor
shall be suspended for the duration of the parliamentary term and the manner of
replacement of professors elected to Parliament shall be specified by law.
3. Salaried civil servants, military officers on active service and officers of
the security corps, employees of public law legal persons in general, and
governors and employees of public and community enterprises or public welfare
institutions may not stand for election nor be elected to Parliament in any
election district in which they have served for more than three months in the
three years preceding elections. Persons who have served as secretaries general
of ministries during the last six months of the four-year parliamentary term
shall be subject to the same restrictions. Persons nominated as State Deputies
and the lower personnel of the central State services shall not be subject to
the same restrictions.
4. Civil servants and the military in general, having undertaken the obligation
by law to remain in service for a certain period of time, may not stand for
election nor be elected to Parliament during the period of such obligation.
Article 57
1. The duties of Members of Parliament shall be incompatible with the duties or
the capacity of member of a board of directors, governor, general manager or
their alternates, or those of employee of commercial company or enterprise
enjoying special privileges or subsidies by the State, or to which concession of
public enterprise has been granted.
2. Members of Parliament falling within the provisions of the preceding
paragraph must, within eight days of the day on which their election becomes
final, state their choice between their parliamentary office and the above
stated duties. Failing to make the said statement within the set limit, they
shall forfeit their parliamentary office ipso jure.
3. Members of Parliament who accept any of the functions or duties specified in
this or the preceding article as constituting a disqualification for
parliamentary candidates or as incompatible with the parliamentary office shall
forfeit that office ipso jure.
4. Members of Parliament may not undertake commissions, studies, or the
execution of works for the State, local government agencies or other public law
legal persons or of public or municipal enterprises or leases of public or
municipal taxes or rent real estate owned by the aforementioned bodies or accept
any form of concessions on such real estate. Violators of the provisions of the
present paragraph shall forfeit their parliamentary office and related acts
shall be null and void. Such acts shall also be null and void when concluded by
commercial companies or enterprises in which the Member of Parliament acts as
director or administrative or legal counsellor or if he participates as a
partner with full or limited liability.
5. The manner of continuation or transfer or dissolution of contracts for the
execution of works and studies specified in paragraph 4 and undertaken by a
Member of Parliament before his election, shall be specified by law.
Article 58
The hearing of objections raised against the validity of parliamentary elections
and their verification concerning either electoral violations related to the
conduct of the elections, or the lack of legal qualifications, is assigned to
the Supreme Special Court of article 100.
CHAPTER THREE Duties and Rights of Members of Parliament
Article 59
1. Before undertaking the discharge of their duties, Members of Parliament shall
take the following oath in the Chamber and in a public sitting.
"I swear in the name of the Holy Consubstantial and Indivisible Trinity to keep
faith in my Country and in the democratic form of government, obedience to the
Constitution and the laws and to discharge conscientiously my duties".
2. Members of Parliament who are of a different religion or creed shall take the
same oath according to the form of their own religion or creed.
3. Members of Parliament proclaimed elected in the absence of Parliament shall
take the oath in the Section in session.
Article 60
1. Members of Parliament enjoy unrestricted freedom of opinion and right to vote
according to their conscience.
2. The resignation from parliamentary office is a right of the Member of
Parliament and is effectuated as soon as the Member of Parliament submits a
written declaration to the Speaker of the Parliament; this declaration is
irrevocable.
Article 61
1. A Member of Parliament shall not be prosecuted or in any way interrogated for
an opinion expressed or a vote cast by him in the discharge of his parliamentary
duties.
2. A Member of Parliament may be prosecuted only for libel, according to the
law, after leave has been granted by Parliament. The Court of Appeals shall be
competent to hear the case. Such leave is deemed to be conclusively denied if
Parliament does not decide within forty-five days from the date the charges have
been submitted to the Speaker. In case of refusal to grant leave or if the
time-limit lapses without action, no charge can be brought for the act committed
by the Member of Parliament.
This paragraph shall be applicable as of the next parliamentary session.
3. A Member of Parliament shall not be liable to testify on information given to
him or supplied by him in the course of the discharge of his duties, or on the
persons who entrusted the information to him or to whom he supplied such
information.
Article 62
During the parliamentary term the Members of Parliament shall not be prosecuted,
arrested, imprisoned or otherwise confined without prior leave granted by
Parliament. Likewise, a member of a dissolved Parliament shall not be prosecuted
for political crimes during the period between the dissolution of Parliament and
the declaration of the election of the members of the new Parliament. Leave
shall be deemed not granted if Parliament does not decide within three months of
the date the request for prosecution by the public prosecutor was transmitted to
the Speaker.
The three month limit is suspended during the Parliament's recess.
No leave is required when Members of Parliament are caught in the act of
committing a felony.
Article 63
1. For the discharge of their duties, Members of Parliament shall be entitled to
receive compensation and expenses from the State; the amount of both shall be
determined by the Plenum of the Parliament.
2. Members of Parliament shall enjoy exemption from transportation, postal and
telephone charges, the extent of which shall be determined by decision of the
Parliament in plenary session.
3. In case of unjustified absence of a member for more than five sittings per
month, one-thirtieth of his monthly compensation shall be withheld for each
absence.
CHAPTER FOUR Organization and functioning of the Parliament
Article 64
1. The Parliament shall convene, ipso jure, on the first Monday of the month of
October of each year in a regular session to conduct its annual business, unless
convoked at an earlier date by the President of the Republic, in accordance with
Article 40.
2. The duration of a regular session shall not be shorter than five months, not
including the time of suspension specified in Article 40.
A regular session is compulsorily extended until the budget is authorized in
accordance with article 79 or until the special law provided in the same article
is passed.
Article 65
1. Parliament shall determine the manner of its free and democratic operation by
adopting its own Standing Orders; these shall be adopted by the Plenum as
specified in Article 76 and shall be published in the Government Gazette on the
order of the Speaker.
2. Parliament shall elect from among its members the Speaker and the other
members of the Presidium as provided by the Stand- ing Orders.
3. The Speaker and Deputy Speakers shall be elected at the beginning of each
parliamentary term.
This provision shall not apply to the Speaker and Deputy Speakers elected by the
first session of the Fifth Revisionary Parliament.
On a recommendation by fifty Members the Parliament may reprimand the Speaker or
a member of the Presidium thus causing the termination of his tenure.
4. The Speaker directs the business of Parliament; he cares to ensure the
unhindered conduct of the business, safeguards the freedom of opinion and
expression of the Members of Parliament and the maintenance of order. He is
entitled to resort even to disciplinary measures against a member misbehaving as
speci-fied by the Standing Orders.
5. A scientific research service to the Parliament may be established through
the Standing Orders to assist Parliament in its legislative work.
6. The Standing Orders shall determine the organization of the services of the
Parliament under the supervision of the Speaker; all matters concerning its
personnel shall likewise be regulated. Acts of the Speaker concerning the
appointment and the professional status of the personnel of the Parliament shall
be subject to recourse on points of act and points of law or petition for
annulment lodged with the Supreme Administrative Court.
Article 66
1. The Parliament shall hold public sittings in the Chamber; however, upon the
Government's petition or upon the petition of fifteen Members of Parliament and
pursuant to a majority decision reached in a closed meeting, the Parliament may
deliberate behind closed doors. Thereafter Parliament shall resolve whether the
debate on the same subject shall be repeated in an open sitting.
2. Ministers and Undersecretaries shall be free to attend the sittings of
Parliament and shall be heard whenever they request the floor.
3. Parliament and parliamentary committees may request Mini- sters or
Undersecretaries to be present when discussing matters for which they are
competent.
Parliamentary committees are entitled to invite, through the competent Minister,
any public officer considered useful in conducting their business.
Article 67
Parliament cannot resolve without an absolute majority of the members present,
which in no case may be less than one-fourth of the total number of the Members
of Parliament.
In the case of a tie vote, the vote shall be repeated; in the case of a second
tie the proposal shall be rejected.
Article 68
1. At the beginning of each regular session, Parliament shall set up committees
composed of Members of Parliament for the study and examination of Bills and law
proposals falling within the jurisdiction of the Plenum of the Parliament and of
its Sections.
2. Parliament shall set up investigation committees from a-mong its members by a
resolution supported by two-fifths of the total number of members, on the
proposal of one-fifth of the total number of members.
A parliamentary resolution adopted by an absolute majority of the total number
of members shall be required in order to set up investigation committees on
matters related to foreign policy and national defence.
Details pertaining to the composition and operation of such committees shall be
provided by the Standing Orders.
3. Parliamentary and investigation committees, as well as Sections of Parliament
specified in articles 70 and 71 shall be established in proportion to the
strength of parties, groups and independents, as specified by the Standing
Orders.
Article 69
No person shall appear at his own initiative before the Parliament to make an
oral or written report. Reports shall be presented through a member or shall be
handed over to the Speaker. Parliament shall have the right to forward any
reports addressed thereto to the Ministers and Undersecretaries who shall be
obliged to offer explanations when so requested.
Article 70
1. The Parliament shall conduct its legislative business in Plenum.
2. The Standing Orders shall provide for the exercise of the legislative
business specified therein to be conducted also by Sections, which are not to
exceed the number of two, subject to the restrictions of article 72. The
composition and operation of Sections shall be decided at the beginning of each
session by an absolute majority of the total number of Members of Parliament.
3. The Standing Orders shall likewise determine by Ministries the distribution
of competence among the Sections.
4. Unless otherwise stated, the provisions of the Constitution concerning
Parliament shall apply to its functioning either in Plenum or in Sections.
5. The adoption of a resolution by a Section shall require a majority of not
less than two-fifths of the number of members in the Section.
6. Parliamentary control shall be exercised by the Plenum at least twice each
week, as specified by the Standing Orders.
Article 71
When Parliament is in recess, its legislative business, with the exception of
statutes belonging to the competence of the Plenum as specified in article 72,
shall be conducted by a Section of Parliament, established and operating as
specified in article 68 paragraph 3 and article 70.
The Standing Orders may provide for the examination of Bills by a Parliamentary
Committee composed of members of the same Section.
Article 72
1. Parliament in full session debates and votes on its Standing Orders, on Bills
pertaining to the election of Members of Parliament, on the subjects of articles
3, 13, 27, 28 and 36 paragraph 1, on the exercise and protection of individual
rights, on the operation of political parties, on the granting of legislative
power according to article 43 paragraph 4, on the liability of Ministers, on the
state of siege, on the civil list of the President of the Republic and on the
authentic interpretation of the laws according to article 77 and on every other
matter referred to Parliament in full session by special provision of the
Constitution or on matters for the provision of which a special majority is
required.
The Parliament in Plenum shall also authorize the budget and the financial
statement of the State and of Parliament.
2. Debates and votes in principle, by article and as a whole on all other Bills
or law proposals may be assigned to a Section of Parliament, as specified in
Article 70.
3. A Section assuming the voting of a Bill shall have the power to resolve
definitely on its competence and is entitled to refer any dispute over its
competence to the Plenum by resolution adopted by the absolute majority of the
total number of its members. A resolution of the Plenum shall be binding on the
Sections.
4. The Government may introduce a Bill of major importance for debate and voting
in the Plenum instead of the Sections.
5. The Plenum of Parliament may demand, by resolution adopted by the absolute
majority of the total number of members, that a Bill pending before a Section
may be debated and passed in principle, by article, and as a whole by the full
assembly.
CHAPTER FIVE The legislative function of Parliament
Article 73
1. The right to introduce Bills belongs to the Parliament and the Government.
2. Bills pertaining in any way to the granting of a pension and the
prerequisites thereof shall be introduced only by the Minister of Finance after
an opinion of the Court of Auditors; in the case of pensions burdening on the
budget of local government agencies or other public law legal persons, Bills
shall be submitted by the competent Minister and the Minister of Finance.
Pensions must be proposed by means of special Bills; the insertion of provisions
pertaining to pensions, in Bills introduced in order to regulate other matters,
is not permitted under penalty of nullity.
3. No Bill or amendment or addition which originated in Parliament shall be
introduced for debate if it results in an expenditure or a reduction of revenues
or assets for the State or local government agencies or other public law legal
persons, for the purpose of paying a salary or pension or otherwise benefiting a
person.
4. However, an amendment or addition introduced by a party leader or a spokesman
of a parliamentary group as specified in article 74 paragraph 3 shall be
acceptable in the case of Bills concerning the organization of public services
and agencies of public interest, the status of public servants in general,
military and security corps officers, employees of local government agencies or
other public law legal persons and public enterprises in general.
5. Bills introducing local or special taxes or charges of any nature on behalf
of agencies or public or private law legal persons must be countersigned by the
Minister of Coordination and the Minister of Finance.
Article 74
1. Every Bill must be accompanied by an explanatory report; before it is
introduced to the Plenum or to a Section of Parliament, it may be referred, for
legislative elaboration, to the service defined in article 65 paragraph 5 as
soon as this service is established, as specified by the Standing Orders.
2. Bills tabled in Parliament shall be referred to the appropriate Parliamentary
Committee. When the report has been submitted or when the time-limit for its
submittal has elapsed inactively, the Bill shall be introduced for debate to
Parliament after three days, unless it has been designated as urgent by the
competent Minister. The debate shall begin following an oral introduction by the
competent Minister and the rapporteurs of the committee.
3. Amendments submitted by Members of Parliament, to Bills for which the Plenum
or the Sections of Parliament are competent, shall not be introduced for debate
if they have not been submitted up to and including the day prior to the
commencement of the debate, unless the Government consents to such a debate.
4. A Bill for the amendment of a provision of a statute shall not be introduced
for debate if the accompanying explanatory report does not contain the full text
of the provision to be amended and if the text of the Bill does not contain the
full text of the new provision as amended.
5. A Bill containing provisions not related to its main subject matter shall not
be introduced for debate.
No addition or amendment shall be introduced for debate if it is not related to
the main subject matter of the Bill.
Parliament shall resolve in case of contestation.
6. Once every month, on a day designated by the Standing Orders, pending private
Members' Bills shall be entered by priority in the order of the day and debated.
Article 75
1. Any Bill which results in burdening the Budget, if submitted by Ministers,
shall not be introduced for debate unless it is accompanied by a report of the
General Accounting Office speci-fying the amount of the expenditure involved; if
submitted by Members of Parliament, prior to any debate thereon it shall be
forwarded to the General Accounting Office which shall be bound to submit a
report within fifteen days. Should this time-limit elapse without action, the
private Member's Bill shall be introduced for debate without it.
2. The same shall apply for amendments, if so requested by the competent
Ministers. In this case, the General Accounting Office shall be bound to submit
its report to Parliament within three days; only if the report shall not be
forthcoming within this time-limit may the amendment be debated without it.
3. A Government's Bill resulting in an expenditure or a reduction of revenues
shall not be introduced for debate unless it is accompanied by a special report
specifying the manner in which they will be covered, signed by the competent
Minister and the Minister of Finance.
Article 76
1. Every Bill introduced to the Plenum or the Sections of Parliament shall be
debated and voted on once in principle, by article and as a whole.
2. Exceptionally, Bills shall be debated and voted on by the Plenum of
Parliament twice and in two sittings, at least two days apart; in principle and
by article during the first debate, and by article and as a whole during the
second, if this should be requested, prior to the debate on the principle, by
one-third of its total members.
3. If in the course of the debate, amendments have been proposed and accepted,
voting on the Bill as a whole shall be postponed for twenty-four hours from the
time the amended Bill was distributed.
4. A Bill designated as very urgent by the Government shall be introduced for
voting after a limited debate among the rapporteurs involved, the Prime Minister
or the competent Minister, the leaders of parties represented in Parliament and
one spokesman for each party. The duration of speeches and the time for the
debate may be limited by the Standing Orders.
5. The Government may request that a Bill of particular importance or of an
urgent nature be debated in a specific number of sittings, not to exceed three.
Parliament may prolong the debate through two additional sittings on the
proposal of one-tenth of the total number of Members of Parliament. The duration
of each speech shall be specified by the Standing Orders.
6. Judicial or administrative codes drafted by special committees established
under special statutes may be voted through in the Plenum of the Parliament by a
special statute ratifying the code as a whole.
7. Likewise, legislative provisions in force may be codified by simple
classification, or repealed statutes may be reenacted as a whole, with the
exception of statutes concerning taxation.
8. A Bill rejected by the Plenum or a Section of Parliament shall not be
introduced anew in the same session or to the Section functioning after the end
of the session.
Article 77
1. The authentic interpretation of the statutes shall rest with the legislative
power.
2. A statute which is not truly interpretative shall enter into force only as of
its publication.
CHAPTER SIX Tax and Fiscal Administration
Article 78
1. No tax shall be levied without a statute enacted by Parliament, specifying
the subject of taxation and the income, the type of property, the expenses and
the transactions or categories thereof to which the tax pertains.
2. A tax or any other financial charge may not be imposed by a retroactive
statute effective prior to the fiscal year preceding the imposition of the tax.
3. Exceptionally, in the case of imposition or increase of an import or export
duty or a consumer tax, collection thereof shall be permitted as of the date on
which the Bill shall be tabled in Parliament, on condition that the statute
shall be published within the time-limit specified in article 42 paragraph 1,
and in any case not later than ten days from the end of the Parliamentary
session.
4. The object of taxation, the tax rate, the tax abatements and exemptions and
the granting of pensions may not be subject to legislative delegation.
This prohibition does not preclude the determination by law of the manner of
assessing the share of the State or public agencies in general in the automatic
increase on value of private real estate property adjoining the site of
construction of public works and resulting exclusively therefrom.
5. It shall, exceptionally, be permitted to impose by means of delegation
granted in framework by statute, balancing or counteractive charges or duties,
and to impose, within the framework of the country's international relations to
economic organizations, economic measures or measures concerning the
safeguarding of the country's foreign exchange position.
Article 79
1. In the course of its ordinary annual session Parliament shall vote on the
State budget of revenues and expenditures for the following year.
2. All State revenues and expenditures must be entered in the annual budget and
financial statement.
3. The budget shall be introduced to the Parliament by the Minister of Finance
at least one month before the beginning of the fiscal year and shall be voted as
specified by the Standing Orders, which shall also ensure the right of every
political section in Parliament to express its views.
4. Should the administration of revenues and expenditures as provided in the
budget be inoperative for any reason whatsoever, they shall be administered in
accordance with a special statute to be enacted every time.
5. Should it be impossible to vote the budget or to pass the special statute
defined in the preceding paragraph due to the end of the Parliamentary term, the
force of the budget for the fiscal year just ended or ending shall be extended
for four months by decree issued upon proposal of the Cabinet.
6. The practice of drafting budgets for bi-annual fiscal periods may be
established by statute.
7. The financial statement and general balance sheet of the State shall be laid
before Parliament not later than one year from the end of each fiscal year;
these shall be examined by a special parliamentary committee and ratified by
Parliament as provided by the Standing Orders.
8. Economic and social development plans shall be approved by the Plenum of the
Parliament as specified by statute.
Article 80
1. No salary, pension, subsidy or remuneration shall be entered in the State
budget or granted, unless it is provided for by statute concerning the
organization or other special statute.
2. The minting or issuing of currency shall be regulated by law.
PART THREE ORGANIZATION AND FUNCTIONS OF THE STATE
CHAPTER ONE Composition and Function of the Government
Article 81
1. The Cabinet, which shall be composed of the Prime Minister and the Ministers,
constitutes the Government. The composition and functioning of the Cabinet shall
be specified by law. One or more Ministers may be appointed Vice Presidents of
the Cabinet, by decree initiated by the Prime Minister. A statute shall regulate
the status of Alternate Ministers, Ministers without portfolio and
Undersecretaries who may be members of the Government, as well as the status of
permanent Undersecretaries.
2. No person may be appointed a member of the Government or an Undersecretary if
he does not possess the qualifications required in Article 55 for Members of
Parliament.
3. Any professional activity whatsoever of members of the Government,
Undersecretaries and the Speaker of Parliament shall be in abeyance during the
discharge of their duties.
4. The incompatibility of the office of Minister and Underse-cretary with other
activities may be established by statute.
5. In the absence of a Vice President, the Prime Minister shall appoint,
whenever the need arises, one of the Ministers as his provisional Deputy.
Article 82
1. The Government shall define and direct the general policy of the Country, in
accordance with the provisions of the Constitution and the laws.
2. The Prime Minister shall safeguard the unity of the Gov- ernment and shall
direct the actions of the Government and of the public services in general, for
the implementation of Government policy within the framework of the laws.
Article 83
1. Each Minister shall exercise the powers defined by law. Ministers without
portfolio shall exercise the powers vested in them by decision of the Prime
Minister.
2. Undersecretaries shall exercise the powers vested in them by joint decision
of the Prime Minister and the competent Minister.
CHAPTER TWO Relations between Parliament and the Government
Article 84
1. The Government must enjoy the confidence of Parliament. The Government shall
be obliged to request a vote of confidence by Parliament within fifteen days of
the date the Prime Minister shall have been sworn in, and may also do so at any
other time. If at the time the Government is formed, Parliament has suspended
its works, it shall be convoked within fifteen days to resolve on the motion of
confidence.
2. Parliament may decide to withdraw its confidence from the Government or from
a member of the Government. A motion of censure may not be submitted before the
lapse of six months from the rejection by Parliament of such a motion.
A motion of censure must be signed by at least one-sixth of the number of
Members of Parliament and must explicitly state the subjects on which the debate
is to be held.
3. A motion of censure may, exceptionally, be submitted before the lapse of six
months, if it is signed by the majority of the total number of Members of
Parliament.
4. The debate on a motion of confidence or censure shall commence two days after
the motion is submitted, unless, in the case of a motion of censure, the
Government requests its immediate commencement; in all cases the debate may not
be prolonged for more than three days from its commencement.
5. The vote on a motion of confidence or censure is held immediately after the
termination of the debate; it may, however, be postponed for forty-eight hours
if the Government so requests.
6. A motion of confidence cannot be adopted unless it is approved by an absolute
majority of the present Members of Parliament, which however cannot be less than
the two-fifths of the total number of the members.
A motion of censure shall be adopted only if it is approved by an absolute
majority of the total number of Members of Parliament.
7. Ministers and Undersecretaries who are Members of Parliament shall vote on
the above motions.
Article 85
The members of the Cabinet and the Undersecretaries shall be collectively
responsible for general Government policy, and each of them severally for the
actions or omissions within his powers, according to the provisions of statutes
on the liability of Ministers. A written or oral order of the President of the
Republic may in no case whatsoever relieve Ministers and Undersecretaries of
their liability.
Article 86
1. Parliament shall have the right to prefer charges on serving or former
members of the Cabinet and Undersecretaries before an ad hoc court, according to
the statutes on the liability of Ministers. This court is presided by the
President of the Supreme Civil and Criminal Court and shall be composed of
twelve judges chosen by lot by the Speaker of Parliament in public sitting from
among the members of the Supreme Civil and Criminal Court and the Presidents of
Civil and Criminal Courts of Appeal who held office prior to the accusation, as
specified by statute.
2. Prosecution, judicial inquiry or preliminary judicial inquiry of the persons
specified in paragraph 1 for actions or omissions committed during the discharge
of their duties shall not be permitted without a prior resolution of Parliament.
If in the course of an administrative inquiry evidence should arise which may
establish responsibility of a member of the Cabinet or an Undersecretary in
accordance with the provisions of the statute on the liability of Ministers,
those in charge of the inquiry shall, after its termination, forward the
evidence to Parliament through the competent Public Prosecutor.
Only Parliament shall be entitled to suspend criminal prosecution.
3. Should the procedure on a motion against a Minister or Undersecretary be
discontinued for any reason whatsoever, including the lapse of prescribed
limitation, Parliament may, at the request of the accused person, decide the
establishment of a Special Committee of Members of Parliament and senior
judicial functionaries to investigate the charges, as specified by the Standing
Orders.
SECTION V THE JUDICIAL POWER
CHAPTER ONE Judicial Functionaries and Staff
Article 87
1. Justice shall be administered by courts composed of regular judges who shall
enjoy functional and personal independence.
2. In the discharge of their duties, judges shall be subject only to the
Constitution and the laws; in no case whatsoever shall they be obliged to comply
with provisions enacted in violation of the Constitution.
3. Regular judges shall be inspected by judges of a superior rank, as well as by
the Public Prosecutor and the Deputy Prosecutor of the Supreme Civil and
Criminal Court; Public Prosecutors shall be inspected by the Supreme Civil and
Criminal Court judges and Public Prosecutors of a superior rank, as specified by
law.
Article 88
1. Judicial functionaries shall be appointed by presidential decree in
compliance with a law specifying the qualifications and the procedure for their
selection and are appointed for life.
2. The remuneration of judicial functionaries shall be commensurate with their
office. Matters concerning their rank, remuneration and their general status
shall be regulated by special statutes.
3. A training and trial period for judicial functionaries of up to three years
prior to their appointment as regular judges may be provided for by law. During
this period they may also act as regular judges, as specified by law.
4. Judicial functionaries may be dismissed only pursuant a court judgment
resulting from a criminal conviction or a grave disciplinary breach or illness
or disability or professional incompetence, confirmed as specified by law and in
compliance with the provisions of article 93 paragraphs 2 and 3.
5. Retirement from the service of the judiciary shall be compulsory upon
attainment of the age of sixty five years for all functionaries up to and
including the rank of Court of Appeal judge or Deputy Prosecutor of the Court of
Appeals, or a rank corresponding thereto. In the case of judicial functionaries
of a rank higher than the one stated, or of a corresponding rank, retirement
shall be compulsory upon attainment of the age of sixty seven years. In the
application of this provision, the 30th of June of the year of retirement shall
in all cases be taken as the date of attainment of the above age limit.
6. Transfer of judicial functionaries into another branch is prohibited.
Exceptionally, the transfer of regular judges shall be permitted to fill up to
half of the posts of Deputy Prosecutor in the Supreme Civil and Criminal Court
as well as to fill up posts of associate judges to courts of first instance, or
of associate prosecutors to public prosecutors offices; the transfer shall be
permitted upon request of those concerned, as specified by law.
7. Courts or councils especially provided by the Constitution and composed of
members of the Supreme Administrative Court and the Supreme Civil and Criminal
Court shall be presided over by the senior in rank member.
Interpretative clause:
In the true sense of article 88, appointment to the post of associate
councillors and councillors to the Court of Auditors shall be permitted, as
specified by law.
Article 89
1. Judicial functionaries shall be prohibited from performing any other salaried
service or practicing any other profession.
2. Exceptionally, judicial functionaries may be elected members of the Academy
or professors or assistant professors of University level schools and they may
sit on special administrative courts and on councils or committees, but not on
the boards of directors of enterprises or commercial companies.
3. Judicial functionaries may be assigned administrative duties either along
with their main duties or exclusively for a specified period of time, as
provided by law.
4. Participation of judicial functionaries in the Government is prohibited.
5. The establishment of an association of judicial functionaries shall be
permitted, as specified by law.
Article 90
1. Promotions, assignments to posts, transfers, detachments, and transfers to
another branch of judicial functionaries shall be effected by presidential
decree, issued after prior decision by the Supreme Judicial Council. This
Council shall be composed of the president of the respective highest court and
of members of the same court chosen by lot from among those having served in it
for at least two years, as specified by law. The Prosecutor of the Supreme Civil
and Criminal Court participates in the Supreme Judicial Council on civil and
criminal justice, while the General Commissioner of State to the Court of
Auditors shall participate in the corresponding judicial council.
2. In the case of judgments concerning promotions to the posts of Councillors of
State, Supreme Civil and Criminal Court Judges, Deputy Prosecutors of the
Supreme Civil and Criminal Court, President Judges of Appeals, Prosecutor of
Appeals and Councillor to the Court of Auditors, the Council prescribed in
paragraph 1 shall be supplemented by additional members, as specified by law.
The provision of the last passage of paragraph 1 shall be applicable in this
case.
3. If the Minister should disagree with the judgement of a Supreme Judicial
Council, he may refer the matter to the plenum of the respective highest court,
as specified by law. A judicial functionary left out of promotion has also the
right of recourse to the plenum, under the conditions specified by law.
4. The decision of the plenum on a matter referred to it and the decisions of
the Supreme Judicial Council with which the Minister has not disagreed, shall be
binding upon him.
5. Promotion to the office of the President or Vice-President of the Supreme
Administrative Court, the Supreme Civil and Criminal Court and the Court of
Auditors shall be effected by presidential decree issued on the proposal of the
Cabinet, upon selection from among the members of the respective highest court,
as specified by law.
Promotion to the office of Supreme Civil and Criminal Court Prosecutor shall be
effected by similar decree and upon selection from among the members of the
Supreme Civil and Criminal Court and the Deputy Public Prosecutors of this
Court.
6. Rulings or acts in compliance with the provisions of the present article
shall not be subject to remedies before the Supreme Administrative Court.
Article 91
1. Disciplinary authority over judicial functionaries from and above the rank of
member of the Supreme Civil and Criminal Court or Deputy Prosecutor of the
Supreme Civil and Criminal Court, or a rank corresponding thereto, shall be
exercised by a Supreme Disciplinary Council, as specified by law.
Disciplinary action shall be initiated by the Minister of Justice.
2. The Supreme Disciplinary Council shall be composed of the President of the
Supreme Administrative Court as Chairman, and of two Vice-Presidents or
Councillors of the Supreme Administrative Court, two Vice-Presidents or members
of the Supreme Civil and Criminal Court, two Vice-Presidents or Councillors of
the Court of Auditors and two law professors from the Law Schools of the
country's universities, as members. The members of the Council shall be chosen
by lot from among those having at least three years of service in the respective
highest in rank court or law school. Members belonging to the court of which the
conduct of one of the judges, prosecutors or commissioners the Council has been
called on to judge, shall be excluded. In cases involving disciplinary action
against members of the Supreme Administrative Court, the Supreme Disciplinary
Council shall be presided over by the President of the Supreme Civil and
Criminal Court.
3. The disciplinary authority over all other judicial functionaries shall be
exercised, in the first and second instance by councils composed of regular
judges chosen by lot, as specified by law. Disciplinary action may also be
initiated by the Minister of Justice.
4. Disciplinary rulings in accordance with the provisions of this Article shall
not be subject to remedies before the Supreme Administrative Court.
Article 92
1. The civil servants of all courts' offices and prosecutors' offices shall be
permanent. They may be dismissed only pursuant to a court judgement resulting
from a criminal conviction or to decision of a judicial council on account of a
grave disciplinary breach, illness or disability, or professional incompetence
which shall be ascertained, as specified by law.
2. The qualifications of the civil servants of all courts' offices and
prosecutors' offices and their general status shall be specified by law.
3. Promotions, assignments to posts, transfers, detachments and transfers to
another branch of the above mentioned civil servants shall be effected with the
consent of a judicial council; disciplinary authority over them shall be
exercised by the hierarchically superior judges, prosecutors or commissioners
and also by the judicial councils, as specified by law.
Recourse against decisions on promotions or against the disciplinary decisions
of judicial councils shall be permitted, as specified by law.
4. Notaries public, registrars of mortgages and property transfers, and
directors of land registry offices shall be permanent as long as corresponding
services and posts exist. The provisions of the preceding paragraphs shall be
correspondingly applicable in this case.
5. Retirement shall be compulsory for notaries public and unsalaried registrars
of mortgages and property transfers upon attainment of the age of seventy years;
all others shall be obliged to retire upon attainment of the age specified by
law.
CHAPTER TWO Organization and Jurisdiction of the Courts
Article 93
1. Courts are distinguished into administrative, civil and criminal courts, and
they are organized by special statutes.
2. The sittings of all courts shall be public, except when the court decides
that publicity would be detrimental to the good usages or that special reasons
call for the protection of the private or family life of the litigants.
3. Every court judgment must be specifically and thoroughly reasoned and must be
pronounced in a public sitting. Publication of the dissenting opinion shall be
compulsory. Law shall specify matters concerning the entry of any dissenting
opinion into the minutes as well as the conditions and prerequisites for the
publicity thereof.
4. The courts shall be bound not to apply a statute whose content is contrary to
the Constitution.
Article 94
1. The hearing of substantive administrative disputes belongs to the
jurisdiction of existing ordinary administrative courts. Such disputes which
have not yet come under the jurisdiction of those courts must compulsorily be
subjected to this jurisdiction within five years from the date this Constitution
shall enter into force; this time-limit may be extended by law.
2. Until the remaining substantive administrative disputes come under the
jurisdiction of ordinary administrative courts, either as a whole or by
category, they shall continue to fall under the jurisdiction of civil courts,
with the exception of those for which special administrative courts have been
established under special statutes; these courts shall adhere to the provisions
of paragraphs 2 to 4 of article 93.
3. Civil courts shall have jurisdiction on all private disputes, as well as on
cases of voluntary jurisdiction assigned to them by law.
4. Other competences of an administrative nature, as defined by law, may be
assigned to civil or administrative courts.
Interpretative clause:
Only the ordinary taxation courts established by virtue of legislative decree
3845/1958 are considered as ordinary administrative courts.
Article 95
1. The jurisdiction of the Supreme Administrative Court pertains mainly to:
a) The annulment upon petition of enforceable acts of administrative authorities
for excess of power or violation of the law.
b) The reversal upon petition of final judgements of administrative courts for
excess of power or violation of the law.
c) The trial of substantive administrative disputes submitted thereto as
provided by the Constitution and the statutes.
d) The elaboration of all decrees of a general regulatory nature.
2. The provisions of article 93 paragraphs 2 and 3 hereinabove shall not be
applicable in the exercise of the competence specified under subparagraph (d) of
the preceding paragraph.
3. The trial of categories of cases which come under the Supreme Administrative
Court's jurisdiction for annulment may by law come under ordinary administrative
courts of another instance, the appellant jurisdiction of the Supreme
Administrative Court being, however, reserved.
4. The jurisdiction of the Supreme Administrative Court shall be regulated and
exercised as specifically provided by law.
5. The administration shall be bound to comply with the annulling judgments of
the Supreme Administrative Court. A breach of this obligation shall render
liable any responsible agent, as specified by law.
Article 96
1. The punishment of crimes and the of all measures provided by criminal laws,
belongs to the jurisdiction of regular criminal courts.
2. Statutes may: (a) assign the trial of police offences pun- ishable by fine to
authorities exercising police duties, (b) assign the trial of petty offences
related to agrarian property and private disputes arising therefrom, to agrarian
security authorities.
In both cases judgments shall be subject to appeal before the competent ordinary
court; such appeal shall suspend the execution of the judgment.
3. Special statutes shall regulate matters pertaining to juvenile courts. The
provisions of articles 93 paragraph 2 and 97 need not apply in this case. The
judgments of these courts may be pronounced in camera.
4. Special statutes provide for:
a) Military, naval and air force courts which shall have no jurisdiction over
civilians.
b) Prize courts.
5. The courts specified under section (a) of the previous paragraph shall be
composed in majority of members of the judicial branch of the armed forces,
vested with the guaranties of functional and personal independence specified in
article 87 para-graph 1 of the Constitution. The provisions of paragraphs 2 to 4
of article 93 shall apply to the sittings and judgements of these courts.
Matters pertaining to the application of provisions of this paragraph, as well
as the time upon which they shall enter into force, shall be specified by law.
Article 97
1. Felonies and political crimes shall be tried by mixed jury courts composed of
regular judges and jurors, as specified by law. The judgments of these courts
shall be subject to the legal remedies specified by law.
2. Felonies and political crimes which prior to the date of entry into force of
this Constitution have, by constituent acts, parliamentary resolutions and
special statutes, come under the jurisdiction of courts of appeal shall continue
to be tried by the said courts, as long as a statute does not transfer them to
the jurisdiction of mixed jury courts.
Other felonies may be transferred to the jurisdiction of the same courts of
appeal by statute.
3. Crimes of any degree committed through the press shall be under the
jurisdiction of ordinary criminal courts, as specified by law.
Article 98
1. The jurisdiction of the Court of Auditors pertains mainly to:
a) The audit of the State's expenditures, and of local government agencies or
other public law legal persons subject to its audit by special laws.
b) The presentation to Parliament of the financial report and balance sheet of
the State.
c) Advisory opinions concerning statutes on pensions or on the recognition of
service for granting of the right to a pension, in accordance with article 73
paragraph 2, and on all other matters specified by law.
d) The audit of the accounts of accountable officials and of the local
government agencies and public law legal persons specified in subparagraph (a).
e) The trial of legal remedies on disputes concerning the granting of pensions
and the audit of accounts in general.
f) The trial of cases related to liability of civil or military servants of
State and local government agency civil servants for any loss, through malicious
intent or negligence, incurred upon the State or upon the above agencies and
legal persons.
2. The authority of the Court of Auditors shall be regulated and exercised as
specified by law.
The provisions of article 93 paragraphs 2 and 3 shall not be applicable in the
cases specified in (a) through (d) of the preceding paragraph.
3. The judgments of the Court of Auditors in the cases specified in paragraph 1
shall not be subject to the control of the Supreme Administrative Court.
Article 99
1. Suits against judicial functionaries for faulty wrongful judgment shall be
tried, as specified by law, by a special court composed of the President of the
Supreme Administrative Court, as President, and one Councillor of the Supreme
Administrative Court, one Supreme Civil and Criminal Court judge, one Councillor
of the Court of Auditors, two law professors of the law schools of the country's
universities and two barristers from among the members of the Supreme
Disciplinary Council for barristers, as members, all of whom shall be chosen by
lot.
2. Each time, that member of the special court shall be exempted who belongs to
the judicial corps or branch, the actions or omissions of a functionary of which
the court is called upon to judge. In the case of a suit against a member of the
Supreme Administrative Court or a functionary of the ordinary administrative
courts, the special court shall be presided over by the President of the Supreme
Civil and Criminal Court.
3. No permission shall be required to institute a suit for faulty wrongful
judgement.
Article 100
1. A Special Highest Court shall be established, the jurisdiction of which shall
comprise:
a) The trial of objections in accordance with article 58.
b) Verification of the validity and returns of a referendum held in accordance
with article 44 paragraph 2.
c) Judgment in cases involving the incompatibility or the forfeiture of office
by a Member of Parliament, in accordance with article 55 paragraph 2 and article
57.
d) Settlement of any conflict between the courts and the administrative
authorities, or between the Supreme Administrative Court and the ordinary
administrative courts on one hand and the civil and criminal courts on the
other, or between the Court of Auditors and any other court.
e) Settlement of controversies on whether the content of a statute enacted by
Parliament is contrary to the Constitution, or on the interpretation of
provisions of such statute when conflicting judgments have been pronounced by
the Supreme Administrative Court, the Supreme Civil and Criminal Court or the
Court of Auditors.
f) The settlement of controversies related to the designation of rules of
international law as generally acknowledged in accordance with article 28
paragraph 1.
2. The Court specified in paragraph 1 shall be composed of the President of the
Supreme Administrative Court, the President of the Supreme Civil and Criminal
Court and the President of the Court of Auditors, four Councillors of the
Supreme Administrative Court and four members of the Supreme Civil and Criminal
Court chosen by lot for a two-year term. The Court shall be presided over by the
President of the Supreme Administrative Court or the President of the Supreme
Civil and Criminal Court, according to seniority.
In the cases specified under sections (d) and (e) of the preceding paragraph,
the composition of the Court shall be expanded to include two law professors of
the law schools of the country's universities, chosen by lot.
3. The organization and functioning of the Court, the appointment, replacement
of and assistance to its members, as well as the procedure to be followed shall
be determined by special statute.
4. The judgments of this Court shall be irrevocable.
Provisions of a statute declared unconstitutional shall be invalid as of the
date of publication of the respective judgment, or as of the date specified by
the ruling.
SECTION VI ADMINISTRATION
CHAPTER ONE Organization of the Administration
Article 101
1. The administration of the State shall be organized according to the principle
of decentralization.
2. The administrative division of the Country shall be based on geoeconomic,
social and transportation conditions.
3. Regional State officers shall have general decisive authority on matters of
their district, while the central services shall have, in addition to special
powers, the general guidance, coordination and supervision of the regional
officers, as specified by law.
Article 102
1. The administration of local affairs shall be exercised by local government
agencies, the first level of which comprises municipalities and communities.
Other levels shall be specified by law.
2. Local government agencies shall enjoy administrative independence. Their
authorities shall be elected by universal and secret ballot.
3. The law may provide for compulsory or voluntary associations of local
government agencies to execute works or render services; they shall be governed
by a board of elected representatives of each municipality or community
participating therein in proportion to the population.
4. The law may provide for the participation in the administration of second
level local government agencies of elected representatives of local
professional, scientific or cultural organizations and of the State
administration; such participation is not to exceed one-third of the total
number of members.
5. The State shall supervise local government agencies, without infringing upon
their initiative and freedom of action. The disciplinary sanctions of suspension
and dismissal from office of elected officers of local government agencies, with
the exception of cases involving ipso jure forfeiture of office, shall be
pronounced only with the consent of a council composed in its majority of
regular judges.
6. The State shall provide for the securing of the funds necessary to fulfil the
mission of local government agencies. Matters pertaining to the attribution and
distribution among local government agencies of the taxes or duties provided for
them and collected by the State shall be specified by law.
CHAPTER TWO Status of Administrative Agents
Article 103
1. Civil servants shall be the executors of the will of the State and shall
serve the people, owing allegiance to the Constitution and devotion to the
Fatherland. The qualifications and the manner of their appointment shall be
specified by law.
2. No one may be appointed to a post not provided by law. Special statutes may
provide for exceptions in order to fill unforeseeable and urgent needs with
personnel hired for a certain period of time on a private law contract.
3. Posts of specialized scientific and technical or auxiliary personnel provided
by law, may be filled by personnel hired on private law contracts. The terms of
employment and the specific guarantees under which this personnel shall be
employed, shall be specified by law.
4. Civil servants holding posts provided by law shall be permanent so long as
these posts exist. Their salaries shall evolve in accordance with the provisions
of the law; with the exception of those retiring upon attainment of the age
limit or when dismissed by court judgement, civil servants may not be
transferred without an opinion or lowered in rank or dismissed without a
decision of a service council consisting of at least two-thirds of permanent
civil servants.
Recourse against the decisions of these councils may be sought before the
Supreme Administrative Court, as specified by law.
5. Highest civil servants holding posts outside of the civil service hierarchy,
persons directly appointed on an ambassadorial rank, employees of the Presidency
of the Republic and the offices of the Prime Minister, Ministers and
Undersecretaries may by law be exempted from permanency.
6. The provisions of the preceding paragraphs shall apply to the staff of
Parliament, which in other aspects shall be entirely subject to its Standing
Orders, and to the civil servants of local government agencies and other public
law legal persons.
Article 104
1. None of the employees mentioned in the preceding article may be appointed to
another post of the civil service or of local government agencies or of other
public law legal persons, or of public enterprises or public utility agencies.
As an exception, appointment to a second post may be permitted by special
statute, in compliance with the provisions of the following paragraph.
2. Additional salaries or emoluments of any kind of employees mentioned in the
preceding article may not exceed the total sal- ary received per month from
their post which is provided by law.
3. No prior permission shall be required to bring to trial civil servants or
employees of local government agencies or of other public corporate bodies.
CHAPTER THREE Regime of Aghion Oros (Mount Athos)
Article 105
1. The Athos peninsula extending beyond Megali Vigla and constituting the region
of Aghion Oros shall, in accordance with its ancient privileged status, be a
self-governed part of the Greek State, whose sovereignty thereon shall remain
intact. Spiritually, Aghion Oros shall come under the direct jurisdiction of the
Ecumenical Patriarchate. All persons leading a monastic life thereon acquire
Greek citizenship without further formalities, upon admission as novices or
monks.
2. Aghion Oros shall be governed, according to its regime, by its twenty Holy
Monasteries among which the entire Athos peninsula is divided; the territory of
the peninsula shall be exempt from expropriation.
The administration of Aghion Oros shall be exercised by representatives of the
Holy Monasteries constituting the Holy Community. No change whatsoever shall be
permitted in the administrative system or in the number of Monasteries of Aghion
Oros, or in their hierarchical order or in their position to their subordinate
dependencies. Heterodox or schismatic persons shall be prohibited from dwelling
thereon.
3. The determination in detail of the regimes of the Aghion Oros entities and
the manner of operation thereof is effected by the Charter of Aghion Oros which,
with the cooperation of the State representative, shall be drawn up and voted by
the twenty Holy Monasteries and ratified by the Ecumenical Patriarchate and the
Parliament of the Hellenes.
4. Faithful observance of the regimes of the Aghion Oros entities shall in the
spiritual field be under the supreme supervision of the Ecumenical Patriarchate,
and, in the administrative, under the supervision of the State, which shall also
be exclusively responsible for safeguarding public order and security.
5. The afore-mentioned powers of the State shall be exercised through a governor
whose rights and duties shall be determined by law.
The law shall likewise determine the judicial power exercised by the monastic
authorities and the Holy Community, as well as the customs and taxation
privileges of Aghion Oros.
PART FOUR SPECIAL, FINAL AND TRANSITORY PROVISIONS
SECTION I SPECIAL PROVISIONS
Article 106
1. In order to consolidate social peace and protect the general interest, the
State shall plan and coordinate economic activity in the Country, aiming at
safeguarding the economic development of all sectors of the national economy.
The State shall take all measures necessary to develop sources of national
wealth in the atmosphere, in underground and underwater deposits, and to promote
regional development and to further especially the economy of mountainous,
insular and frontier areas.
2. Private economic initiative shall not be permitted to develop at the expense
of freedom and human dignity, or to the detriment of the national economy.
3. With the reservation of the protection provided in article 107 in connection
with the re-export of foreign capital, the law may regulate the acquisition by
purchase of enterprises or the compulsory participation therein of the State or
other public agencies, in the event these enterprises are of the nature of a
monopoly or are of vital importance to the development of sources of national
wealth or are primarily intended to offer services to the community as a whole.
4. The cost of purchase or the counterpart to the compulsory participation of
the State or other public agencies must indispensably be determined by a court
and must be in full, so as to correspond to the value of the purchased
enterprise or the participation therein.
5. A shareholder, partner or owner of an enterprise, the control of which
devolves upon the State or upon an agency controlled by the State as a result of
compulsory participation in accordance with paragraph 3, shall be entitled to
request the purchase of his share in the enterprise, as specified by law.
6. The law may specify matters pertaining to the contribution to the State
expenditure by beneficiaries from the execution of public utility works or works
of a more general significance for the economic development of the Country.
Interpretative clause:
The value specified in paragraph 4 does not include such value as is due to the
monopolistic nature of the enterprise.
Article 107
1. Legislation enjoying legal force higher than that of statutes, enacted before
April 21, 1967, pertaining to the protection of foreign capital, shall continue
to enjoy such legal force and shall be applicable to capital imported
henceforth.
The same legal force is enjoyed by the provisions of Chapters A through D of
Section A of Statute 27/75 "on the taxation of ships, compulsory contributions
for the development of the merchant marine, establishment of foreign shipping
companies and regulation of related matters".
2. A statute, to be promulgated once and for all within three months of the date
of entry into force of this Constitution, shall specify the terms and the
procedure for the revision or cancellation of administrative acts approving
investments in application of legislative decree 2687/1953 and issued in any
form whatsoever, or agreements contracted on investment of foreign capital
between April 21, 1967 and July 23, 1974, with the exception of those pertaining
to the registration of ships under the Greek flag.
Article 108
The State must take care for emigrant Greeks and for the maintenance of their
ties with the Fatherland. The State shall also attend to the education, the
social and professional advancement of Greeks working outside the State.
Article 109
1. Alteration of the contents or terms of a will, codicil or donation as to the
provisions benefiting the State or a charitable cause is prohibited.
2. Exceptionally, a more beneficial use or disposal of a bequest or donation,
for the same or for another charitable cause in the area designated by the donor
or the testator, or in the greater district thereabout, shall be permitted, as
specified by law, after it is certified by a court judgement that for any reason
whatsoever, the will of the donor or the testator cannot be fulfilled, either in
whole or to its greatest extent as well as if it can be more fully satisfied by
the change of use.
SECTION II REVISION OF THE CONSTITUTION
Article 110
1. The provisions of the Constitution shall be subject to revision with the
exception of those which determine the form of government as a Parliamentary
Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5
paragraphs 1 and 3, 13 paragraph 1, and 26.
2. The need for revision of the Constitution shall be ascertained by a
resolution of Parliament adopted, on the proposal of not less than fifty Members
of Parliament, by a three-fifths majority of the total number of its members in
two ballots, held at least one month apart. This resolution shall define
specifically the provisions to be revised.
3. Upon a resolution by Parliament on the revision of the Constitution, the next
Parliament shall, in the course of its opening session, decide on the provisions
to be revised by an absolute majority of the total number of its members.
4. Should a proposal for revision of the Constitution receive the majority of
the votes of the total number of members but not the three-fifths majority
specified in paragraph 2, the next Parliament may, in its opening session,
decide on the provisions to be revised by a three-fifths majority of the total
number of its members.
5. Every duly voted revision of provisions of the Constitution shall be
published in the Government Gazette within ten days of its adoption by
Parliament and shall come into force through a special parliamentary resolution.
6. Revision of the Constitution is not permitted before the lapse of five years
from the completion of a previous revision.
Article 111
1. All provisions of statutes or of administrative acts of a regulatory nature
which are contrary to the Constitution, are abolished as of the date the
Constitution comes into force.
2. Constituent acts promulgated between July 24, 1974 and the convocation of the
Fifth Revisionary Parliament, as well as parliamentary resolutions thereof shall
continue to be in force even if their provisions are contrary to the
Constitution; they can be amended or abolished by statute. As of the date of
coming into force of the Constitution, the provision of article 8 of the
constituent act of September 3, 1974 concerning the retirement age limit for
professors of university level institutions is abolished.
3. Article 2 of the presidential decree 700 of October 9, 1974 "on the partial
re-enactment of articles 5, 6, 8, 10, 12, 14, 95, and 97 of the Constitution and
the lifting of the statute "on a state of siege" and Legislative Decree 167 of
November 16, 1974 "on granting of the legal remedy of appeal against the
judgments of the military tribunal", shall remain in force, allowing for their
amendment or abolition by statute.
4. The parliamentary resolution of April 16/29, 1952 shall remain in force for
six months from the date of coming into force of this Constitution. Within this
time-limit, the amendment, completion or abolition by statute of the constituent
acts and resolutions referred to in article 3 paragraph 1 of the aforementioned
resolution shall be permitted, as well as the maintenance of some of these, in
whole or in part, even after the lapse of this time-limit, on condition that the
provisions amended, completed or remaining in force cannot be contrary to this
Constitution.
5. Greeks deprived in any manner whatsoever of their citizenship prior to the
coming into force of this Constitution shall re-acquire it upon a decision by
special committees of judicial functionaries, as specified by law.
6. The provision of article 19 of legislative decree 3370/1955 "on sanctioning
of the Code of Greek citizenship" shall remain in force until it is repealed by
law.
Article 112
1. On matters where provisions of this Constitution explicitly require the
promulgation of a statute to regulate them, the statutes or the administrative
acts of a regulatory nature which are in force, as the case may be, at the time
this Constitution comes into force, shall remain in force until the statute
shall be promulgated, with the exception of those which are contrary to the
provisions of the Constitution.
2. The provisions of article 109 paragraph 2 and 79 paragraph 8 shall enter into
force as of the date of the coming into force of each of the statutes especially
provided therein which must be promulgated at the latest by the end of the year
1976. Until the statute provided for in article 109 paragraph 2 comes into
force, the already existing constitutional and legislative regulation at the
time this Constitution enters into force shall continue to be applicable.
3. Constituent Act of October 5, 1974, which shall remain in force, shall be
construed as meaning that the suspension of the exercise of the duties of
professors as of their election as Members of Parliament shall not, throughout
the duration of the present parliamentary period, be extended to include
teaching, research, authorship, and scientific work in laboratories and
classrooms of the respective schools; but the participation of these professors
in the administration of schools and in the election of teaching personnel in
general or in the examination of students shall be excluded.
4. The application of article 16 paragraph 3, on the number of years of
compulsory education, shall be fulfilled by means of a statute, within five
years of the coming into force of this Constitution.
Article 113
The Standing Orders of Parliament, the parliamentary resolutions pertaining
thereto and the statutes specifying the manner in which Parliament shall
function, shall continue to be in force pending the date of enactment of the new
Standing Orders, with the exception of those which are contrary to the
provisions of this Constitution.
As to the function of the Sections of Parliament provided by articles 70 and 71
of the Constitution, the provisions of the last Standing Orders regulating the
work of the Special Legislative Committee of article 35 of the Constitution of
January 1, 1952 shall apply in a supplementary manner, as provided by article 3
of parliamentary resolution A' dated December 14, 1974. Pending the enactment of
the new Standing Orders the Committee of article 71 of the Constitution shall be
composed of sixty regular members and thirty alternate, to be selected by the
Speaker from among all parties and groups, in proportion to their strength. In
case of dispute, prior to the publication of the new Standing Orders, on the
provisions to be applied, the Plenum or the Section of Parliament in the
operation of which the question has arisen shall decide.
Article 114
1. The election of the first President of the Republic must take place within
two months of the publication of this Constitution at the latest, in a special
session of Parliament, to be called by the Speaker at least five days in advance;
the provisions of the Standing Orders as to the election of the Speaker shall be
analogously applied.
The President to be elected shall assume the discharge of his duties upon being
sworn in, within five days of his election at the latest .
The statute specified in article 49 paragraph 5 on the regulation of matters
related to the liabilities of the President of the Republic must be promulgated
before December 31, 1975.
Pending the enactment of the statute specified in article 33 paragraph 3,
matters defined therein shall be regulated by the provisions pertaining to the
provisional President of the Republic.
2. As of the date of enactment of this Constitution and until the President of
the Republic to be elected assumes the discharge of his duties, the provisional
President of the Republic shall exercise the authority vested in the President
by the Constitution, with the restrictions specified in article 2 of
parliamentary resolution B' of the Fifth Revisionary Parliament dated December
24, 1974.
Article 115
1. Pending the enactment of the statute provided in article 86 paragraph 1, the
standing provisions on prosecution, interroga-tion and trial of acts and
omissions specified in article 49 paragraph 1 and article 85 shall be applicable.
2. The statute provided by article 100 must be enacted within one year, at the
latest, from the coming into force of this Constitution. Pending the enactment
of the said statute and the beginning of the function of the Special Highest
Court:
a) Disputes on the matters specified in article 55 paragraph 2 and article 57
shall be solved by parliamentary resolution, in accordance with the provisions
of the Standing Orders on personal issues.
b) The verification of the validity and the returns of a referendum held in
accordance with article 44 paragraph 2, as well as the trial of objections to
the validity and the returns of parliamentary elections in accordance with
article 58 shall be assigned to the Special Court provided by article 73 of the
Constitution of January 1, 1952; the procedure of articles 116 seq. of
presidential decree 650/1974 shall apply.
c) The settlement of conflicts specified in article 100 paragraph 1 section (d)
shall come under the jurisdiction of the Court specified in article 5 of the
Constitution of January 1, 1952; laws related to the organization, functioning
and procedure before the said Court shall also remain temporarily in force.
3. Pending the entry into force of the statute provided by article 99, suits for
faulty wrongful judgement shall be tried by the court provided under article 110
of the Constitution of January 1, 1952, and in accordance with the procedure
effective at the time of publication of this Constitution.
4. Pending the entry into force of the statute provided under article 87
paragraph 3 and the establishment of the judicial and disciplinary committees
provided under article 90 paragraphs 1 and 2 and article 91, the relevant
provisions valid at the time of entry into force of this Constitution shall
remain in force. The statutes on the above matters must be promulgated not later
than one year from the date of coming into force of this Constitution.
5. Pending the entry into force of the statutes provided under article 92, the
provisions existing at the time this Constitution enters into force shall remain
in force. The said statutes must be promulgated not later than one year from the
date of coming into force of this Constitution.
6. The special statute provided under article 57 paragraph 5 must be promulgated
within six months from the date of coming into force of this Constitution.
Article 116
1. Existing provisions contrary to article 4 paragraph 2 shall remain in force
pending their abolition by statute not later than December 31, 1982.
2. Derogations from the provisions of article 4 paragraph 2 shall be permitted
only for sufficiently justified reasons, in cases specified by law.
3. Ministerial decisions of a regulatory nature as well as provisions of
collective agreements or arbitration decisions fixing the remuneration for
employment which are contrary to the provisions of article 22 paragraph 1 shall
remain in force until they are replaced not later than three years from the date
of entry into force of this Constitution.
Article 117
1. Laws issued before April 21, 1967, in application of article 104 of the
Constitution of January 1, 1952 shall be deemed not to be contrary to this
Constitution and shall remain in force.
2. Notwithstanding article 17, the legislative regulation and dissolution of
existing leases of farms and other land onuses, the purchase of bare ownership
by long leasers of long leased plots and the abrogation of peculiar real
property relationships shall be permitted.
3. Public or private forests or forest expanses which have been destroyed or are
being destroyed by fire or have otherwise been deforested or are being
deforested, shall not thereby relinquish their previous designation and shall
compulsorily be proclaimed reforestable, the possibility of their disposal for
other uses being excluded.
4. The expropriation of forests and forest expanses owned by individuals or by
private or public law legal persons shall be permitted only in cases benefiting
the State, in accordance with the provisions of article 17, for reasons of
public utility; but their designation as forests shall not be altered.
5. The expropriations which have been declared or are being declared until the
existing statutes on expropriation have been adapted to this Constitution, shall
be governed by provisions in force at the time of their declaration.
6. Paragraphs 3 and 5 of article 24 shall be applicable to residential areas
which have been designated or are being reformed as such as of the coming into
force of the laws provided for therein.
Article 118
1. As of the date of entry into force of this Constitution judicial
functionaries from the rank of president or public prosecutor of the Court of
Appeals and up or of corresponding ranks, shall retire from service, as before
that time, upon attainment of the age of seventy years; this age limit shall
annually be lowered by one year until the age of sixty-seven years, beginning in
1977.
2. Highest judicial functionaries who were not in service at the time the
constituent act of September 4/5, 1974 "on the restoration of order and harmony
in the judicial branch" came into force and who were demoted on that basis, due
to the time at which their promotion was made and against whom the disciplinary
prosecution specified in article 6 of the said constituent act was not initiated,
shall be compulsorily committed by the competent Minister to the Highest
Disciplinary Council, within three months of the coming into force of this
Constitution.
The Highest Disciplinary Council shall decide whether the conditions of
promotion have reduced the prestige and the special position in the service of
the promoted person and shall by final decision rule on re-acquisition or not of
the automatically forfeited rank and the rights attached thereto, the
retroactive pay-ment of salary or pension being however excluded.
The decision must be pronounced within three months of committal.
The closest living relatives of a judicial functionary having been demoted and
deceased, may exercise all the rights accorded to persons under disciplinary
trial before the Highest Disciplinary Council.
3. Pending the publication of the law provided under article 101 paragraph 3 ,
provisions in force pertaining to the distribution of authority between central
and regional services shall continue to be applied. These provisions may be
amended by the transfer of special authority from central to regional services.
Article 119
1. The inadmissibility of petitions for annulment of acts issued between April
21, 1967 and July 23, 1974, irrespective of the way it operated, may be lifted
by statute regardless of whether or not such a petition had been submitted; in
no case, however, may retroactive wages be paid to persons who prevail through
this legal remedy.
2. Military or civil servants who by law have been restored ipso jure to the
public posts they occupied and who have become Members of Parliament, may within
an eight-day limit state their choice between their parliamentary office and
their public post.
Article 120
1. This Constitution, voted by the Fifth Revisionary Parliament of the Hellenes,
is signed by its Speaker and published by the provisional President of the
Republic in the Government Gazette by decree countersigned by the Cabinet and
shall enter into force on the eleventh of June 1975.
2. Respect towards the Constitution and the law concurrent thereto, and devotion
to the Fatherland and to Democracy constitute a fundamental duty of all Greeks.
3. Usurpation, in any way whatsoever, of popular sovereignty and of powers
deriving therefrom shall be prosecuted upon restoration of the lawful authority;
the limitation from which punishment for the crime is barred shall begin as of
the restoration of lawful authority.
4. Observance of the constitution is entrusted to the patriotism of the Greeks
who shall have the right and the duty to resist by all possible means against
anyone who attempts the violent abolition of the Constitution.
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