THE

CONSTITUTION

OF GREECE

THE

CONSTITUTION

OF GREECEAs revised by the parliamentary resolution

of April 6th 2001

of the VIIth Revisionary Parliament

HELLENIC PARLIAMENT

Editorial Committee:

Kostas Mavrias,Professor, Law Faculty, Athens University;President of the Scientific CouncilHellenic ParliamentPresident of the Hellenic Association of Constitutionalists

Epaminondas Spiliotopoulos,Professor emeritus, Law Faculty, Athens University;Member of the Academy of Athens;Member of the Scientific Council,Hellenic Parliament

Translated by:

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

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

© Copyright 2004 Hellenic Parliament

ISBN: 960-560-073-0

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I n 1974 Greece came out of a period throughoutwhich democratic institutions had been dis-

solved; this period lasted for seven years and is knownas the colonels’ dictatorship.

One year later, the 5th Revisionary Parliamentvoted a new Constitution, thus signaling democracy’scomeback.

Pursuant to the Constitutional Act of 3/4 October1974, the initiative for this endeavor was entrusted tothe Government, headed by Konstantinos Kara-manlis, which was formed after the parliamentaryelections of 17 November. The Government did infact prepare the draft Constitution, which inDecember 1974 was distributed to the MPs and givenwide publicity. Subsequently, in January 1975, afterthe Government had itself revised some of itsprovisions, the draft Constitution was officially filedwith the Parliament, and the revisionary work -in fact,the framing of a new Constitution- began.

Having the fresh experience of the seven year longtyranny, the constitutional lawgiver of 1975, inspiredboth by the Greek constitutional tradition and byforeign constitutional advances, gave the Country atext which indeed combined regulations capable tosecure the civil and political liberties of the Greeks,respect for the value and dignity of man and thedevelopment and stabilization of the welfare state.

At the same time, the constitutional legislatorchose as form of government parliamentary republicand, more specifically, in accordance with thereferendum of 8 December, which underlined thepolitical change that came about, a «presided parlia-mentary democracy». By using the denominative«presided», the constitutional lawgiver intended tounderline the fact that the head of state should beelected and not hereditary.

Eleven years of political life followed, which weremarked by the smooth functioning of institutions, but,also, by disagreement about the proper extent ïfpresidential competencies and in 1986 the first

revision of the Country’s constitutional chart tookplace, with the initiative of the parliamentary majorityof the PASOK party.

The reform, focused mainly on the issue ofpresidential competencies which it drastically cur-tailed, while further strenghtening the powers of thePrime Minister. As a consequence, and as far aspresidential powers were concerned, the denominative«presided» lost to a certain degree its importance.

Contrary to what had been the case with the first,the second revision of the Constitution, which occuredafter an additional fifteen years, also marked by thefaultless functioning of political institutions, ischaracterized as consensual and came to completionin 2001. Its extend greatly exceeds, indeed, the extentof the earlier revision; it encompasses a broadspectrum of regulations, such as, among other, newhuman rights created by technological progress, rightswhich come to be added to the catalogue of classicalliberties, the direct application, where appropriate, ofconstitutional rights to the relationships among privateparties, the broadening of protection both of thenatural and the cultural environment, the declarationof the principle of social welfare state, the assignmentof lawmaking powers to the Parliament’s StandingCommittees, the modernization of the system of thejudicial review of the constitutionality of the acts ofparliament, the constitutional status of the inde-pendent administrative authorities. These are reformswhose application in practice already seem to justifythe choices made by the revisionary legislator.

Three years have already elapsed from this secondrevision, and in a few months the Parliament willcelebrate the first thirty years of the life of theConstitution, with an exhibition meant to underpin theconstitutional and political history of modern Greece.

Within the framework of this exhibition, theParliament’s edition at hand wishes to make availablethe contents of the Country’s constitutional chart tothe English-speaking community at large.

ÔÇÅ SPEAKER OF THE HELLENIC PARLIAMENT

PROF. ANNA BENAKI

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

PART ONEBasic Provisions

SECTION IThe form of Government

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

SECTION IIRelations of Church and State

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

PART TWOIndividual and Social Rights

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

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

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

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

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

9

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

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

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

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

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

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

PART THREEOrganization and functions of the State

SECTION IStructure of the State

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

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

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

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

SECTION IIThe President fo the Republic

Chapter oneElection of the President

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

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

Chapter twoPowers and liability from the acts of the President

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

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

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

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

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

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

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

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

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

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

Chapter threeSpecial liabilities of the President of the Republic

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

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

SECTION IIIParliament

Chapter oneElection and composition of Parliament

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

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

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

Chapter twoDisqualifications and incompatibilities

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

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

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

Chapter threeDuties and rights of Members of Parliament

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

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

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

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

Chapter fourOrganization and functioning of the Parliament

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

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

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

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

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

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

Chapter fiveThe legislative function of Parliament

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

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

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

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Chapter sixTax and fiscal administration

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

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

SECTION IVThe Government

Chapter oneComposition and function of the Government

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

Chapter twoRelations between Parliament and the Government

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

SECTION VThe Judicial Power

Chapter oneJudicial functionaries and Staff

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

of justice ....................................................9589. Incompatibilities of judicial

functionaries..............................................9790. The Supreme Judicial Council ...............9891. The Supreme Disciplinary Council ......10192. Civil servants of courts’ offices,

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

Chapter twoOrganization and Jurisdiction of the Courts

Article 93. Courts ......................................................103

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94. Jurisdiction of civil and administrative courts ..............................104

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

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

SECTION VIAdministration

Chapter oneOrganization of the Administration

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

Chapter twoStatus of administrative agents

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

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

Chapter threeRegime of Aghion Oros (Mount Athos)

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

PART FOURSpecial, Final and Transitory Provisions

SECTION ISpecial Provisions

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

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

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

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SECTION IIRevision of the Constitution

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

SECTION IIITransitory Provisions

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

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

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

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

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

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

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

118. Transitory provisions concerning judicial functionaries ............................131

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

SECTION IVFinal Provision

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

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THE CONSTITUTION OF GREECE

In the name of the Holy and Consubstantialand Indivisible Trinity

P A R T O N EBasic Provisions

SECTION IThe Form of Government

Article 1

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

2. Popular sovereignty is the foundation ofgovernment.

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

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Article 2

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

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

SECTION II Relations of Church and State

Article 3

1. The prevailing religion in Greece is thatof the Eastern Orthodox Church of Christ. TheOrthodox Church of Greece, acknowledging ourLord Jesus Christ as its head, is inseparablyunited in doctrine with the Great Church ofChrist in Constantinople and with every otherChurch of Christ of the same doctrine, observ-ing unwaveringly, as they do, the holy apostolicand synodal canons and sacred traditions. It isautocephalous and is administered by the HolySynod of serving Bishops and the PermanentHoly Synod originating thereof and assembledas specified by the Statutory Charter of theChurch in compliance with the provisions ofthe Patriarchal Tome of June 29, 1850 and theSynodal Act of September 4, 1928.

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

3. The text of the Holy Scripture shall bemaintained unaltered. Official translation of the

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text into any other form of language, without

prior sanction by the Autocephalous Church of

Greece and the Great Church of Christ in Con-

stantinople, is prohibited.

P A R T T W OIndividual and Social Rights

Article 4

1. All Greeks are equal before the law.

2. Greek men and women have equal rights

and equal obligations.

3. All persons possessing the qualifications

for citizenship as specified by law are Greek

citizens. Withdrawal of Greek citizenship shall

be permitted only in case of voluntary acquisi-

tion of another citizenship or of undertaking

service contrary to national interests in a for-

eign country, under the conditions and proce-

dures more specifically provided by law.

4. Only Greek citizens shall be eligible for

public service, except as otherwise provided by

special laws.

5. Greek citizens contribute without distinc-

tion to public charges in proportion to their

means.

6. Every Greek capable of bearing arms is

obliged to contribute to the defence of the

Fatherland as provided by law.

7. Titles of nobility or distinction are nei-

ther conferred upon nor recognized in Greek

citizens.

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

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

Article 5

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

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

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

3. Personal liberty is inviolable. No one shallbe prosecuted, arrested, imprisoned or other-wise confined except when and as the law pro-vides.

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

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

Interpretative clause: Paragraph 4 does not preclude the prohibi-

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

** Article 5A

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

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

Article 6

1. No person shall be arrested or impris-oned without a reasoned judicial warrant whichmust be served at the moment of arrest ordetention pending trial, except when caught inthe act of committing a crime.

2. A person who is arrested in the act of

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committing a crime or on a warrant shall bebrought before the competent examining mag-istrate within twenty-four hours of his arrest atthe latest; should the arrest be made outsidethe seat of the examining magistrate, within theshortest time required to transfer him thereto.The examining magistrate must, within threedays from the day the person was brought beforehim, either release the detainee or issue a war-rant of imprisonment. Upon application of theperson brought before him or in case of forcemajeure confirmed by decision of the compe-tent judicial council, this time-limit shall beextended by two days.

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

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

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

22

Article 7

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

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

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

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

Article 8

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

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

Article 9

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

23

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

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

** Article 9A

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

Article 10

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

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

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

24

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

Article 11

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

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

** Article 12

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

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

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

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

5. Establishment by law of compulsory coop-

25

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

Article 13

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

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

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

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

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

Article 14

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

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

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

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

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

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

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

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

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

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

27

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

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

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

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

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

28

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

Article 15

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

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

29

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

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

Article 16

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

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

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

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

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

30

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

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

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

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

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

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

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

31

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

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

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

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

Article 17

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

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

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

32

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

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

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

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

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

33

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

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

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

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

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

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

34

tion of the property situated above shall not behindered.

Article 18

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

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

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

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

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

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

35

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

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

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

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

Article 19

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

36

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

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

Article 20

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

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

Article 21

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

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

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

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

** 5. Planning and implementing a demo-

37

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

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

** Article 22

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

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

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

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

4. Any form of compulsory work is pro-hibited.

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

38

5. The State shall care for the social securi-

ty of the working people, as specified by law.

Interpretative clause:The general working conditions include the

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

Article 23

1. The State shall adopt due measures sa-

feguarding the freedom to unionise and the

unhindered exercise of related rights against

any infringement thereon within the limits of

the law.

2. Strike constitutes a right to be exercised

by lawfully established trade unions in order to

protect and promote the financial and the gen-

eral labour interests of working people.

Strikes of any nature whatsoever are pro-

hibited in the case of judicial functionaries and

those serving in the security corps. The right to

strike shall be subject to the specific limitations

of the law regulating this right in the case of

public servants and employees of local gove-

rnment agencies and of public law legal per-

sons as well as in the case of the employees of

all types of enterprises of a public nature or of

public benefit, the operation of which is of vital

importance in serving the basic needs of the

society as a whole. These limitations may not

be carried to the point of abolishing the right to

strike or hindering the lawful exercise thereof.

39

Article 24

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

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

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

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

40

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

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

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

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

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

Article 25

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

41

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

2. The recognition and protection of thefundamental and inalienable rights of man bythe State aims at the achievement of socialprogress in freedom and justice.

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

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

P A R T T H R E EOrganization and Functions

of the State

SECTION I Structure of the State

Article 26

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

42

2. The executive powers shall be exercisedby the President of the Republic and the Gov-ernment.

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

Article 27

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

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

Article 28

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

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

43

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

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

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

participation of the Country in the Europeanintegration process.

Article 29

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

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

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

44

which violation of the relevant provisions con-stitutes a ground for the forfeiture of parlia-mentary office on the initiative of the specialbody of the following section. The audit of theelectoral expenses of political parties and par-liamentary candidates is carried out by a spe-cial body which is constituted also with the par-ticipation of senior judicial functionaries, asspecified by law. A law may also extend theseregulations to candidates for other offices heldthrough election.

** 3. Manifestations of any nature whatso-ever in favour of or against a political party byjudicial functionaries and by those serving inthe armed forces and the security corps, areabsolutely prohibited. In the exercise of theirduties, manifestations of any nature whatsoeverin favour of or against a political party by pub-lic servants, employees of local governmentagencies, of other public law legal persons orof public enterprises or of enterprises of localgovernment agencies or of enterprises whosemanagement is directly or indirectly appointedby the State, by administrative act or by virtueof its capacity as shareholder, are absolutelyprohibited.

SECTION II The President of the Republic

CHAPTER ONE Election of the President

Article 30

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

45

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

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

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

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

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

** Article 31

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

Article 32

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

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

46

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

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

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

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

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

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

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

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

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

47

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

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

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

Interpretative clause:A President of the Republic who has resigned

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

Article 33

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

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

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

48

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

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

Article 34

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

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

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

49

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

CHAPTER TWO Powers and liability from the acts

of the President

Article 35

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

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

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

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

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

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

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

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

50

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

Article 36

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

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

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

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

Article 37

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

51

members of the Cabinet and the Undersecre-taries.

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

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

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

52

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

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

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

Article 38

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

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

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

53

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

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

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

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

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

54

Article 39

* [Repealed by the 1986 Amendment]

Article 40

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

2. The President of the Republic may sus-pend a parliamentary session only once, eitherby postponing its commencement or by adjourn-ing it.

3. Suspension of a session may not be extend-ed beyond a period of thirty days, nor may suchsuspension be repeated during the same ses-sion without the consent of Parliament itself.

Article 41

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

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

55

issue of exceptional importance. Dissolution ofthe new Parliament for the same issue is pre-cluded.

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

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

5. The dissolution of the Parliament shallbe compulsory in the case specified in article32 paragraph 4.

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

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

Article 42

* 1. The President of the Republic shallpromulgate and publish the statutes passed bythe Parliament within one month of the vote.The President of the Republic may, within thetime-limit provided for in the preceding sen-tence, send back a Bill passed by Parliament,stating his reasons for this return.

* 2. A Bill sent back to Parliament by the

56

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

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

Article 43

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

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

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

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

5. Matters which, as specified in article 72

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paragraph 1, belong to the competence of theplenary session of the Parliament, cannot bethe object of delegation as specified in the pre-ceding paragraph.

Article 44

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

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

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

58

dum on a Bill can be introduced in the sameparliamentary term.

Should a Bill be voted, the time-limit statedin article 42 paragraph 1 begins the day thereferendum is held.

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

Article 45

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

Article 46

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

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

Article 47

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

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consequences at law of sentences pronouncedand served.

2. The President of the Republic shall havethe right to grant pardon to a Minister con-victed as provided in article 86, only with theconsent of Parliament.

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

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

Article 48

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

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

* 2. If the Parliament is absent or if it isobjectively impossible that it be convoked intime, the measures mentioned in the precedingparagraph are taken by presidential decreeissued on the proposal of the Cabinet. The Cab-inet shall submit the decree to Parliament for

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approval as soon as its convocation is renderedpossible, even when its term has ended or ithas been dissolved, and in any case no laterthan fifteen days.

* 3. The duration of the measures men-tioned in the preceding paragraphs may beextended every fifteen days, only upon resolu-tion passed by the Parliament which must beconvoked regardless of whether its term hasended or whether it has been dissolved.

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

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

* 6. The resolutions of Parliament referredto in paragraphs 2 and 3 shall be adopted by amajority of the total number of members, andthe resolution mentioned in paragraph 1 by a

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three-fifths majority of the total number ofmembers. Parliament must decide these mat-ters in only one sitting.

* 7. Throughout the duration of the appli-cation of the measures of the state of emer-gency taken in accordance with the present arti-cle, the provisions of articles 61 and 62 of theConstitution shall apply ipso jure regardless ofwhether Parliament has been dissolved or itsterm has ended.

CHAPTER THREE Special Liabilities of the President

of the Republic

Article 49

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

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

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

4. As of his arraignment, the President ofthe Republic shall abstain from the dischargeof his duties, and shall be replaced as specified

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in article 34. He shall resume his duties if histerm has not expired, as of the issuance of hisacquittal by the court specified in article 86.

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

Article 50

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

SECTION III Parliament

CHAPTER ONE Election and Composition

of Parliament

Article 51

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

2. The Members of Parliament represent theNation.

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

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

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

Article 52

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

Article 53

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

2. A parliamentary seat that has becomevacant during the last year of a parliamen-

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tary term shall not be filled by a by-election,where such is required by law, as long as thenumber of vacant seats does not exceed one-fifth of the total number of the Members ofParliament.

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

Article 54

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

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

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

3. Part of the Parliament, comprising notmore than the one twentieth of the total num-ber of its members, may be elected throughoutthe Country at large in proportion to the total

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electoral strength of each party throughout theCountry, as specified by law.

CHAPTER TWODisqualifications and Incompatibilities

for Members of Parliament

Article 55

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

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

Article 56

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

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barred from returning to active service. Higherelected single-person organs of local govern-ment agencies of the second degree, may notstand for election nor be elected to Parliamentthroughout the term for which they have beenelected, even if they resign.

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

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

a) Governors, deputy governors, chairmenof the boards of directors, managing and exec-utive directors of public law legal persons, withthe exception of associations, of state-ownedprivate law legal persons and of public enter-prises or of enterprises whose management theState appoints directly or indirectly by adminis-trative act or by virtue of its capacity as share-holder.

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

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

d) Salaried servants of the State, of localgovernment agencies and their enterprises, as

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well as of the legal entities and enterprisesfalling under case (a) who held the post of headof an organic unit at the level of a directorateor a corresponding post, as specifically provid-ed by law. Servants mentioned in the precedingsection who exercise a larger local power aresubject to the restrictions of this paragraph con-cerning constituencies other than those of theirseat, only in case they were holding a post ofhead of unit at the level of general directorateor another corresponding level, as specificallyprovided by statute.

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

Persons nominated for State Deputies shallnot be subject to the restrictions of this para-graph.

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

** Article 57

1. The duties of Member of Parliament areincompatible with the job or the capacity ofowner or partner or shareholder or governoror administrator or member of the board ofdirectors or general manager or a deputy there-of, of an enterprise that:

a) Undertakes Public works or studies orprocurements or the provision of services tothe State or concludes with the State similarcontracts of a developmental or investmentnature.

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b) Enjoys special privileges. c) Owns or manages a radio or television

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

d) Exercises by concession a public serviceor a public enterprise or a public utility enter-prise.

e) Rents for commercial purposes real estateowned by the State.

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

The duties of Member of Parliament arealso incompatible with the exercise of any pro-fession. Activities compatible with parliamentaryoffice, as well as matters relating to social secu-rity and pension issues, and to the manner inwhich Members of Parliament return to theirprofession after they lose the capacity of Mem-ber of Parliament, shall be specified by statute.Under no circumstances may the activities ofthe previous section include the capacity ofemployee or legal or other advisor of anenterprise falling under cases (a) to (d) of thisparagraph.

Violation of the provisions of the presentparagraph shall result in the forfeiture from

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parliamentary office and in the nullity of the

related contracts or acts, as specified by law.

2. Members of Parliament falling within the

provisions of the first section of the preceding

paragraph must, within eight days from the day

on which their election becomes final, select

between their parliamentary office and the

above stated job or capacities. Should they fail

to make the said statement within the above

deadline, they shall forfeit their parliamentary

office ipso jure.

3. Members of Parliament who accept any

of the capacities or activities mentioned in this

or in the preceding article and which are char-

acterised as impediments to run for Par-

liament or as being incompatible with holding

parliamentary office, shall forfeit that office

ipso jure.

4. The manner of continuation or transfer

or dissolution of contracts mentioned in para-

graph 1 and undertaken by a Member of Par-

liament or by an enterprise to which he partic-

ipated before his election, or undertaken in a

capacity incompatible with his office, shall be

specified by law.

Article 58

The hearing of objections raised against the

validity of parliamentary elections and their ver-

ification concerning either electoral violations

related to the conduct of the elections, or the

lack of legal qualifications, is assigned to the

Supreme Special Court of article 100.

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CHAPTER THREE Duties and Rights of Members

of Parliament

Article 59

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

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

2. Members of Parliament who are of a dif-ferent religion or creed shall take the sameoath according to the form of their own reli-gion or creed.

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

Article 60

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

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

Article 61

1. A Member of Parliament shall not beprosecuted or in any way interrogated for an

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opinion expressed or a vote cast by him in thedischarge of his parliamentary duties.

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

This paragraph shall be applicable as of thenext parliamentary session.

3. A Member of Parliament shall not beliable to testify on information given to him orsupplied by him in the course of the dischargeof his duties, or on the persons who entrustedthe information to him or to whom he suppliedsuch information.

Article 62

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

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

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

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

Article 63

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

2. Members of Parliament shall enjoy exemp-tion from transportation, postal and telephonecharges, the extent of which shall be deter-mined by decision of the Parliament in plenarysession.

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

CHAPTER FOUR Organization and functioning

of the Parliament

Article 64

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

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

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

Article 65

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

2. Parliament shall elect from among itsmembers the Speaker and the other membersof the Presidium as provided by the StandingOrders.

3. The Speaker and Deputy Speakers shallbe elected at the beginning of each parlia-mentary term. This provision shall not apply tothe Speaker and Deputy Speakers elected bythe first session of the Fifth Revisionary Par-liament.

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

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

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

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

Article 66

1. The Parliament shall hold public sittingsin the Chamber; however, upon the Govern-ment’s petition or upon the petition of fifteenMembers of Parliament and pursuant to amajority decision reached in a closed meeting,the Parliament may deliberate behind closeddoors. Thereafter Parliament shall resolvewhether the debate on the same subject shallbe repeated in an open sitting.

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

** 3. The Parliament and parliamentarycommittees may request the presence of Minis-ters or Undersecretaries when they discuss mat-ters for which they are competent. Parliamen-tary committees may invite any person they con-sider useful to their work, informing the com-petent Minister accordingly. Parliamentary com-mittees convene in public sittings, as specifiedby the Standing Orders; however, they maydeliberate behind closed doors, following arequest by the Government or by five Membersof Parliament, if the majority so decides in asession behind closed doors. The parliamentary

75

committee then decides whether the discussionon the same subject should be held again in apublic sitting.

Article 67

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

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

Article 68

** 1. At the beginning of each regular ses-sion, Parliament shall set up standing parlia-mentary committees composed of Members ofParliament for the examination and processingof Bills and law proposals submitted, as speci-fied by the Standing Orders of the Parliament.

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

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

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

3. Parliamentary and investigation commit-tees, as well as Sections of Parliament specifiedin articles 70 and 71 shall be established in pro-

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portion to the strength of parties, groups andindependents, as specified by the StandingOrders.

Article 69

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

Article 70

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

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

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

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

** 5. In order for the Section envisaged inarticle 71 and for the standing parliamentary

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committees to decide when exercising their leg-islative work in accordance with paragraph 2 ofthe present article, a majority of no less thantwo fifths of the number of their members isrequired.

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

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

** 8. The Standing Orders of Parliamentshall specify the manner in which the Parlia-ment is informed by the Government on issuesbeing the object of regulation in the frameworkof the European Union, and debates on these.

Article 71

When Parliament is in recess, its legislativebusiness, with the exception of statutes belong-ing to the competence of the Plenum as speci-fied in article 72, shall be conducted by a Sec-tion of Parliament, established and operatingas specified in article 68 paragraph 3 and arti-cle 70.

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

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** Article 72

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

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

2. Debates and votes on all other Bills orlaw proposals may be carried out during thesession by the competent standing parliamen-tary committee, pursuant to the provisions ofarticle 70. They are also carried out by the Sec-tion established and functioning pursuant toarticle 71 during the period in which Parlia-ment is in recess, as specified by the StandingOrders.

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

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

4. A Bill or law proposal debated and vot-ed in the competent standing parliamentary

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

CHAPTER FIVEThe legislative function of Parliament

Article 73

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

2. Bills pertaining in any way to the granti-ng of a pension and the prerequisites thereofshall be introduced only by the Minister ofFinance after an opinion of the Court of Audit;in the case of pensions burdening on the budg-et of local government agencies or other pub-lic law legal persons, Bills shall be submitted bythe competent Minister and the Minister ofFinance. Pensions must be proposed by meansof special Bills; the insertion of provisions per-taining to pensions in Bills introduced to regu-late other matters, is not permitted under penal-ty of nullity.

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

4. However, an amendment or addition intro-

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

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

Article 74

1. Every Bill or law proposal must be ac-companied by an explanatory report; beforeit is introduced to the Plenum or to a Sectionof Parliament, it may be referred for legisla-tive elaboration to the scientific service definedin article 65 paragraph 5 as soon as this serv-ice is established, as specified by the StandingOrders.

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

3. Amendments submitted by Members ofParliament to Bills or law proposals for which

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the Plenum or the Sections of Parliament arecompetent, shall not be introduced for debateif they have not been submitted up to andincluding the day prior to the commencementof the debate, unless the Government consentsto such a debate.

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

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

A Bill or law proposal containing provisionsnot related to its main subject matter shall notbe introduced for debate.

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

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

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

Parliament shall resolve in case of conte-station.

Members of Parliament not participating in

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the competent standing parliamentary commit-tee or the Section specified in article 71, areentitled to take the floor during the debate inprinciple and in order to support law proposalsand additions or amendments that they havesubmitted, as provided by the Standing Orders.

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

Article 75

1. Any Bill and law proposal which result inburdening the Budget, if submitted by Minis-ters, shall not be introduced for debate unlessit is accompanied by a report of the GeneralAccounting Office specifying the amount of theexpenditure involved; if submitted by Membersof Parliament, prior to any debate thereon itshall be forwarded to the General AccountingOffice which shall be bound to submit a reportwithin fifteen days. Should this time-limit elapsewithout action, the law proposal shall be intro-duced for debate without it.

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

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

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Article 76

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

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

** 3. If in the course of the debate, addi-tions or amendments have been accepted, vot-ing as a whole shall be postponed for twenty-four hours from distribution of the amendedBill or law proposal, with the exception of thecases provided under paragraph 4 of article 72.

** 4. A Bill or law proposal designated bythe Government as very urgent shall be intro-duced for voting after a limited debate in onesitting, by the Plenum or by the Section of arti-cle 71, as provided by the Standing Orders ofParliament.

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

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

7. Likewise, legislative provisions in forcemay be codified by simple classification, orrepealed statutes may be reenacted as a

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whole, with the exception of statutes concern-ing taxation.

Article 77

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

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

CHAPTER SIXTax and Fiscal Administration

Article 78

1. No tax shall be levied without a statuteenacted by Parliament, specifying the subject oftaxation and the income, the type of property,the expenses and the transactions or categoriesthereof to which the tax pertains.

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

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

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

This prohibition does not preclude the deter-

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mination by law of the manner of assessing theshare of the State or public agencies in gener-al in the automatic increase on value of privatereal estate property adjoining the site of con-struction of public works and resulting exclu-sively therefrom.

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

Article 79

1. In the course of its regular annual sessionParliament shall vote on the State budget ofrevenues and expenditures for the followingyear.

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

** 3. The draft budget shall be submittedby the Minister of Finance to the competentstanding parliamentary committee on the firstMonday of October and shall be debated, asspecified by the Standing Orders. The Ministerof Finance taking into account the remarks ofthe committee, shall introduce the budget tothe Parliament at least forty days before thebeginning of the fiscal year. The budget shallbe debated and voted by the Plenum in accor-dance with the provisions of the StandingOrders, which ensure the right of all politicalsections in Parliament to express their views.

4. Should the administration of revenues and

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expenditures as provided in the budget be inop-erative for any reason whatsoever, they shall beadministered in accordance with a special statuteto be enacted every time.

5. Should it be impossible to vote the budg-et or to pass the special statute defined in thepreceding paragraph due to the end of the Par-liamentary term, the force of the budget forthe fiscal year just ended or ending shall beextended for four months by decree issued uponproposal of the Cabinet.

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

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

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

Article 80

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

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

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

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

SECTION IVThe Government

CHAPTER ONEComposition and Function

of the Government

Article 81

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

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

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

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

4. The incompatibility of the office of Min-

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ister and Undersecretary with other activitiesmay be established by statute.

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

Article 82

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

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

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

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

Article 83

1. Each Minister shall exercise the powersdefined by law. Ministers without portfolio shall

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exercise the powers vested in them by decisionof the Prime Minister.

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

CHAPTER TWORelations between Parliament

and the Government

Article 84

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

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

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

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

4. The debate on a motion of confidence orcensure shall commence two days after the

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motion is submitted, unless, in the case of amotion of censure, the Government requests itsimmediate commencement; in all cases thedebate may not be prolonged for more thanthree days from its commencement.

5. The vote on a motion of confidence orcensure is held immediately after the termina-tion of the debate; it may, however, be post-poned for forty-eight hours if the Governmentso requests.

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

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

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

Article 85

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

** Article 86

1. Only the Parliament has the power toprosecute serving or former members of the

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Cabinet or Undersecretaries for criminaloffences that they committed during the dis-charge of their duties, as specified by law. Theinstitution of specific ministerial offences is pro-hibited.

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

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

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

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

The Parliament may at any time revoke its

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resolution or suspend the prosecution, prelimi-nary proceedings or main proceedings, accord-ing to the procedure and majority provided inthe first section of this paragraph.

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

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

The duties of public prosecutor in the Spe-cial Court and in the Judicial Council of this

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paragraph are exercised by a member of thePublic Prosecutor’s Office of the Supreme Civ-il and Criminal Court who is chosen by lottogether with his alternate. The second andthird sections of this paragraph also apply forthe members of the Judicial Council, while thesecond section also applies for the public pro-secutor.

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

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

SECTION VThe Judicial Power

CHAPTER ONEJudicial Functionaries and Staff

Article 87

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

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

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obliged to comply with provisions enacted inviolation of the Constitution.

3. Regular judges shall be inspected by judgesof a superior rank, as well as by the PublicProsecutor and the Deputy Prosecutor of theSupreme Civil and Criminal Court; Public Pros-ecutors shall be inspected by the Supreme Civ-il and Criminal Court judges and Public Prose-cutors of a superior rank, as specified by law.

Article 88

1. Judicial functionaries shall be appointedby presidential decree in compliance with a lawspecifying the qualifications and the procedurefor their selection and are appointed for life.

** 2. The remuneration of judicial func-tionaries shall be commensurate with theiroffice. Matters concerning their rank, remuner-ation and their general status shall be regulat-ed by special statutes.

Notwithstanding articles 94, 95 and 98, dis-putes concerning all kinds of remunerations andpensions of judicial functionaries, and providedthat the resolution of the relevant legal issuesmay affect the salary, pension or fiscal status ofa wider circle of persons, shall be tried by thespecial court of article 99. In such cases, thecomposition of the court includes the partici-pation of one additional full professor and oneadditional barrister, as specified by law. Mat-ters relating to the continuation of pendingprocesses before the courts shall be specifiedby law.

3. A training and trial period for judicialfunctionaries of up to three years prior to theirappointment as regular judges may be provid-

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ed for by law. During this period they may alsoact as regular judges, as specified by law.

4. Judicial functionaries may be dismissedonly pursuant a court judgment resulting froma criminal conviction or a grave disciplinarybreach or illness or disability or professionalincompetence, confirmed as specified by lawand in compliance with the provisions of arti-cle 93 paragraphs 2 and 3.

5. Retirement from the service of the judi-cial functionaries shall be compulsory uponattainment of the age of sixty five years for allfunctionaries up to and including the rank ofCourt of Appeal judge or Deputy Prosecutorof the Court of Appeals, or a rank correspon-ding thereto. In the case of judicial functionar-ies of a rank higher than the one stated, or ofa corresponding rank, retirement shall be com-pulsory upon attainment of the age of sixty sev-en years. In the application of this provision,the 30th of June of the year of retirement shallin all cases be taken as the date of attainmentof the above age limit.

** 6. Transfer of judicial functionaries intoanother branch is prohibited. Exceptionally, thetransfer of associate judges to courts of firstinstance or of associate prosecutors to publicprosecutors offices, shall be permitted, uponrequest of the persons concerned, as specifiedby law. Judges of ordinary administrative courtsshall be promoted to the rank of Councillor ofthe Supreme Administrative Court and to onefifth of the posts, as specified by law.

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

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

tion of the jurisdiction of first instance of civilcourts and the regulation of the service status ofjudicial functionaries of this instance is per-mitted, provided that a procedure for judge-ment and evaluation is provided for, as specifiedby law.

Article 89

1. Judicial functionaries shall be prohibitedfrom performing any other salaried service orpracticing any other profession.

** 2. Exceptionally, judicial functionariesmay be elected members of the Athens Acade-my or teaching staff of university level institu-tions, as well as may sit on councils or com-mittees exercising competences of disciplinary,auditing or adjudicating nature and on Billdrafting committees, provided that this partici-pation is specifically stipulated by the law. Lawshall provide substitution of judicial functionar-ies by other persons in councils or committeesestablished or in duties assigned by a privateindividual’s declaration of intention, inter vivosor mortis causa, with the exception of the cas-es of the preceding section.

** 3. Assignment of administrative duties tojudicial functionaries is prohibited. Activitiesrelated to the training of judicial functionariesare considered to be of judicial nature. Theassignment to judicial functionaries of the dutiesof representing the Country in internationalorganisations is permitted.

The conduct of arbitrations by judicial func-tionaries is allowed only in the framework oftheir official duties, as specified by law.

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4. Participation of judicial functionaries inthe Government is prohibited.

5. The establishment of an association ofjudicial functionaries shall be permitted, as spec-ified by law.

Article 90

** 1. Promotions, assignments to posts, trans-fers, detachments, and transfers to another branchof judicial functionaries shall be effected by pres-idential decree, issued after prior decision by thesupreme judicial council. This council shall becomposed of the president of the respectivesupreme court and of members of the same courtchosen by lot from among those having served init for at least two years, as specified by law. TheProsecutor of the Supreme Civil and CriminalCourt shall participate in the supreme judicialcouncil on civil and criminal justice, as well astwo Deputy Prosecutors of the Supreme Civiland Criminal Court who are chosen by lot fromamong those having served for at least two yearsin the Public Prosecutor’s Office of the SupremeCivil and Criminal Court, as specified by law. Inthe supreme judicial council on the SupremeAdministrative Court and on administrative justiceshall also participate the General Commissionerof State who serves in them on issues relating tojudicial functionaries of ordinary administrativecourts and of the General Commission. In thesupreme judicial council on the Court of Auditshall also participate the General Commissionerof State who serves in it.

In the supreme judicial council shall alsoparticipate, without right to vote, two judicialfunctionaries of the branch concerned by thechanges in the service status, who must be at

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least of the rank of Judge of Appeals or of anequivalent one, and are chosen by lot, as spec-ified by law.

** 2. In the case of judgments concerningpromotions to the posts of Councillors of State,Supreme Civil and Criminal Court Judges,Deputy Prosecutors of the Supreme Civil andCriminal Court, Councillors of the Court ofAudit, President Judges of Appeals and Prose-cutors of Appeals, as well as concerning theselection of the members of the General Com-missions of administrative courts and of the Courtof Audit, the council prescribed in paragraph 1shall be supplemented by additional members,as specified by law. As for the rest, the provi-sions of paragraph 1 shall also apply in this case.

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

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

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** 5. Promotion to the post of President orVice-President of the Supreme AdministrativeCourt, of the Supreme Civil and Criminal Courtand of the Court of Audit shall be effected bypresidential decree issued on the proposal ofthe Cabinet, by selection from among the mem-bers of the respective supreme court, as speci-fied by law. Promotion to the post of SupremeCivil and Criminal Court Prosecutor shall beeffected by similar decree, by selection fromamong the members of the Supreme Civil andCriminal Court and Deputy Public Prosecutorsof this Court, as specified by law. Promotion tothe post of General Commissioner of the Courtof Audit shall be effected by similar decree, byselection from among the members of the Courtof Audit and of the respective General Com-mission, as specified by law. Promotion to thepost of General Commissioner of administra-tive courts shall also be effected by similardecree, by selection from among the membersof the respective General Commission and thePresident Judges of Appeals of the administra-tive courts, as specified by law.

The tenure of the President of the SupremeAdministrative Court, of the Supreme Civil andCriminal Court and of the Court of Audit, aswell as of the Public Prosecutor of the SupremeCivil and Criminal Court and of the GeneralCommissioners of administrative courts and ofthe Court of Audit may not exceed four years,even if the judicial functionary holding thisoffice has not reached the retirement age. Anyperiod of time which remains until completionof the retirement age, shall be calculated asactual pensionable service, as specified by law.

6. Decisions or acts in compliance with the

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provisions of the present article shall not besubject to remedies before the Supreme Admin-istrative Court.

Article 91

1. Disciplinary authority over judicial func-tionaries from and above the rank of memberof the Supreme Civil and Criminal Court orDeputy Prosecutor of the Supreme Civil andCriminal Court, or a rank corresponding there-to, shall be exercised by a Supreme Discipli-nary Council, as specified by law.

Disciplinary action shall be initiated by theMinister of Justice.

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

3. The disciplinary authority over all otherjudicial functionaries shall be exercised, in the

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first and second instance by councils composedof regular judges chosen by lot, as specified bylaw. Disciplinary action may also be initiatedby the Minister of Justice.

4. Disciplinary rulings in accordance withthe provisions of this Article shall not be sub-ject to remedies before the Supreme Adminis-trative Court.

Article 92

1. The civil servants of all courts’ officesand prosecutors’ offices shall be permanent.They may be dismissed only pursuant to a courtjudgement resulting from a criminal convictionor to decision of a judicial council on accountof a grave disciplinary breach, illness or dis-ability, or professional incompetence which shallbe ascertained, as specified by law.

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

** 3. Promotions, assignments to posts, trans-fers, detachments and transfers to anotherbranch of the civil servants of the courts shallbe effected with the concurrent opinion of serv-ice councils, which are composed in majority ofjudicial functionaries and such civil servants, asspecified by law. Disciplinary authority over thecivil servants of the courts shall be exercised bythe hierarchically superior judges, prosecutors,commissioners or servants, as well as by theservice council, as specified by law. Recourseagainst decisions regarding changes in theservice status of the civil servants of the courts,as well as against disciplinary decisions of theservice councils shall be permitted, as specifiedby law.

** 4. The servants of land registries are civ-

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

5. Retirement shall be compulsory for no-taries public and unsalaried registrars of mort-gages and property transfers upon attainmentof the age of seventy years; all others shall beobliged to retire upon attainment of the agespecified by law.

CHAPTER TWOOrganization and Jurisdiction

of the Courts

Article 93

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

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

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

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

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

** Article 94

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

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

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

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

Article 95

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

** a) The annulment upon petition ofenforceable acts of the administrative authori-ties for excess of power or violation of the law.** b) The reversal upon petition of final judge-

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ments of ordinary administrative courts, as spec-ified by law.

c) The trial of substantive administrative dis-putes submitted thereto as provided by the Con-stitution and the statutes.

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

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

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

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

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

Article 96

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

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

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vate disputes arising there from, to agrariansecurity authorities.

In both cases judgments shall be subject toappeal before the competent ordinary court;such appeal shall suspend the execution of thejudgment.

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

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

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

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

Article 97

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

2. Felonies and political crimes which priorto the date of entry into force of this Constitu-tion have, by constituent acts, parliamentary

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resolutions and special statutes, come under thejurisdiction of courts of appeal shall continueto be tried by the said courts, as long as astatute does not transfer them to the jurisdic-tion of mixed jury courts.

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

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

Article 98

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

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

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

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

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

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

f) The trial of disputes concerning the grant-

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ing of pensions as well as the audit of accountsunder section (c).

g) The trial of cases related to liability ofcivil or military servants of the State, as well asof civil servants of local government agenciesand of the other public law legal persons, forany loss that through intent or negligenceincurred upon the State, the local governmentagencies or other public law legal persons.

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

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

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

Article 99

1. Suits against judicial functionaries forfaulty wrongful judgment shall be tried, as spec-ified by law, by a special court composed ofthe President of the Supreme AdministrativeCourt, as President, and one Councillor of theSupreme Administrative Court, one SupremeCivil and Criminal Court judge, one Councillorof the Court of Audit, two law professors ofthe law schools of the country’s universities andtwo barristers from among the members of theSupreme Disciplinary Council for barristers, asmembers, all of whom shall be chosen by lot.

2. Each time, that member of the specialcourt shall be exempted who belongs to thejudicial corps or branch, the actions or omis-sions of a functionary of which the court is

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called upon to judge. In the case of a suitagainst a member of the Supreme Administra-tive Court or a functionary of the ordinaryadministrative courts, the special court shall bepresided over by the President of the SupremeCivil and Criminal Court.

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

Article 100

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

a) The trial of objections in accordance witharticle 58.

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

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

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

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

f) The settlement of controversies related tothe designation of rules of international law as

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generally acknowledged in accordance with arti-cle 28 paragraph 1.

2. The Court specified in paragraph 1 shallbe composed of the President of the SupremeAdministrative Court, the President of theSupreme Civil and Criminal Court and the Pres-ident of the Court of Audit, four Councillorsof the Supreme Administrative Court and fourmembers of the Supreme Civil and CriminalCourt chosen by lot for a two-year term. TheCourt shall be presided over by the Presidentof the Supreme Administrative Court or thePresident of the Supreme Civil and CriminalCourt, according to seniority.

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

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

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

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

** 5. When a section of the Supreme Admin-istrative Court or chamber of the Supreme Civ-il and Criminal Court or of the Court of Auditjudges a provision of a statute to be contraryto the Constitution, it is bound to refer thequestion to the respective plenum, unless thishas been judged by a previous decision of the

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plenum or of the Special Highest Court of thisarticle. The plenum shall be assembled intojudicial formation and shall decide definitively,as specified by law. This regulation shall alsoapply accordingly to the elaboration of regula-tory decrees by the Supreme AdministrativeCourt.

** Article 100A

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

SECTION VIAdministration

CHAPTER ONEOrganization of the Administration

Article 101

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

2. The administrative division of the Coun-

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try shall be based on geoeconomic, social andtransportation conditions.

** 3. Regional administrations of the Stateshall have general decisive authority on mattersof their district. The central administrations ofthe State, in addition to special powers, shallhave the general guidance, coordination andreview of the legality of the acts of regionaladministrations, as specified by law.

** Interpretative clause:The legislator and the Public Administration,

when acting in its regulatory capacity, are boundto take into consideration the particular condi-tions of island regions.

** Article 101A

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

2. Matters relating to the selection and serv-ice status of the scientific and other staff of theservice that is constituted for the support andfunctioning of every independent authority shallbe specified by law. The members of the inde-pendent authorities must possess the corre-sponding qualifications, as specified by law.Their selection is made by decision of the Con-ference of Parliamentary Chairmen seeking una-nimity or in any case by the increased majorityof four fifths of its members. Matters relatingto the selection procedure are specified by theStanding Orders of the Parliament.

3. Matters concerning the relation between

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the independent authorities and the Parliament,and the manner, in which parliamentary con-trol is exercised, are specified by the StandingOrders of the Parliament.

** Article 102

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

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

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

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

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the concurrent opinion of a council composedin its majority of judges, as specified by law.

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

CHAPTER TWOStatus of Administrative Agents

Article 103

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

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

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3. Posts of specialized scientific and techni-cal or auxiliary personnel provided by law, maybe filled by personnel hired on private law con-tracts. The terms of employment and the spe-cific guarantees under which this personnel shallbe employed, shall be specified by law.

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

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

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

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

** 7. Engagement of servants in the PublicAdministration and in the wider Public Sector,as this is defined each time, with the exceptionof cases under paragraph 5, shall take placeeither by competitive entry examination or by

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selection on basis of predefined and objectivecriteria, and shall be subject to the control ofan independent authority, as specified by law.

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

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

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

Article 104

1. None of the employees mentioned in thepreceding article may be appointed to another

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post of the civil service or of local governmentagencies or of other public law legal persons,or of public enterprises or public utility agen-cies. As an exception, appointment to a secondpost may be permitted by special statute, incompliance with the provisions of the followingparagraph.

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

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

CHAPTER THREERegime of Aghion Oros (Mount Athos)

Article 105

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

2. Aghion Oros shall be governed, accord-ing to its regime, by its twenty Holy Monaster-ies among which the entire Athos peninsula isdivided; the territory of the peninsula shall beexempt from expropriation. The administration

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of Aghion Oros shall be exercised by represen-tatives of the Holy Monasteries constituting theHoly Community. No change whatsoever shallbe permitted in the administrative system or inthe number of Monasteries of Aghion Oros, orin their hierarchical order or in their positionto their subordinate dependencies. Heterodoxor schismatic persons shall be prohibited fromdwelling thereon.

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

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

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

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

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

Provisions

SECTION ISpecial Provisions

Article 106

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

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

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

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

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

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

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

Interpretative clause:The value specified in paragraph 4 does not

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

Article 107

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

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

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

Article 108

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

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

Article 109

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

2. Exceptionally, a more beneficial use ordisposal of a bequest or donation, for the sameor for another charitable cause in the area des-ignated by the donor or the testator, or in thegreater district thereabout, shall be permitted,as specified by law, after it is certified by acourt judgement that for any reason whatsoev-

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

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

SECTION IIRevision of the Constitution

Article 110

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

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

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

4. Should a proposal for revision of the Con-

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

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

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

SECTION IIITransitory Provisions

Article 111

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

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

3. Article 2 of the presidential decree 700 ofOctober 9, 1974 «on the partial re-enactment of

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articles 5, 6, 8, 10, 12, 14, 95, and 97 of theConstitution and the lifting of the statute «on astate of siege» and Legislative Decree 167 ofNovember 16, 1974 «on granting of the legalremedy of appeal against the judgments of themilitary tribunal», shall remain in force, allow-ing for their amendment or abolition by statute.

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

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

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

Article 112

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

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in force until the statute shall be promulgated,with the exception of those which are contraryto the provisions of the Constitution.

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

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

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

Article 113

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

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force pending the date of enactment of the newStanding Orders, with the exception of thosewhich are contrary to the provisions of thisConstitution.

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

Article 114

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

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

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

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

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

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

Article 115

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

2. The statute provided by article 100 mustbe enacted within one year, at the latest, fromthe coming into force of this Constitution. Pend-ing the enactment of the said statute and thebeginning of the function of the Special High-est Court:

a) Disputes on the matters specified in arti-cle 55 paragraph 2 and article 57 shall be solvedby parliamentary resolution, in accordance withthe provisions of the Standing Orders on per-sonal issues.

b) The verification of the validity and thereturns of a referendum held in accordancewith article 44 paragraph 2, as well as the trial

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of objections to the validity and the returns ofparliamentary elections in accordance with arti-cle 58 shall be assigned to the Special Courtprovided by article 73 of the Constitution ofJanuary 1, 1952; the procedure of articles 116seq. of presidential decree 650/1974 shall apply.

c) The settlement of conflicts specified inarticle 100 paragraph 1 section (d) shall comeunder the jurisdiction of the Court specified inarticle 5 of the Constitution of January 1, 1952;laws related to the organization, functioningand procedure before the said Court shall alsoremain temporarily in force.

3. Pending the entry into force of the statuteprovided by article 99, suits for faulty wrongfuljudgement shall be tried by the court providedunder article 110 of the Constitution of Janu-ary 1, 1952, and in accordance with the proce-dure effective at the time of publication of thisConstitution.

4. Pending the entry into force of the statuteprovided under article 87 paragraph 3 and theestablishment of the judicial and disciplinarycommittees provided under article 90 para-graphs 1 and 2 and article 91, the relevant pro-visions valid at the time of entry into force ofthis Constitution shall remain in force. Thestatutes on the above matters must be promul-gated not later than one year from the date ofcoming into force of this Constitution.

5. Pending the entry into force of the statutesprovided under article 92, the provisions exist-ing at the time this Constitution enters intoforce shall remain in force. The said statutesmust be promulgated not later than one yearfrom the date of coming into force of this Con-stitution.

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6. The special statute provided under article57 paragraph 5 must be promulgated within sixmonths from the date of coming into force ofthis Constitution.

** 7. The incompatibility of parliamentaryoffice with the exercise of any profession, whichis provided for in the last but one section ofparagraph 1 of article 57, enters into force uponpromulgation of the law provided for in thesame provision and on 1.1.2003 at the latest.

Article 116

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

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

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

Article 117

1. Laws issued before April 21, 1967, in appli-cation of article 104 of the Constitution of Jan-uary 1, 1952 shall be deemed not to be contraryto this Constitution and shall remain in force.

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

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

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

5. The expropriations which have beendeclared or are being declared until the existingstatutes on expropriation have been adapted tothis Constitution, shall be governed by provi-sions in force at the time of their declaration.

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

** 7. The revised provision of the first sec-tion of paragraph 4 of article 17 shall comeinto force upon entry into force of the corre-sponding implementing law and in any case asof 1.1.2002.

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Article 118

1. As of the date of entry into force of thisConstitution judicial functionaries from the rankof president or public prosecutor of the Courtof 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 oneyear until the age of sixty-seven years, begin-ning in 1977.

2. Highest judicial functionaries who werenot in service at the time the constituent act ofSeptember 4/5, 1974 «on the restoration of orderand harmony in the judicial branch» came intoforce and who were demoted on that basis, dueto the time at which their promotion was madeand against whom the disciplinary prosecutionspecified in article 6 of the said constituent actwas not initiated, shall be compulsorily commit-ted by the competent Minister to the HighestDisciplinary Council, within three months of thecoming into force of this Constitution.

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

The decision must be pronounced withinthree months of committal.

The closest living relatives of a judicial func-tionary having been demoted and deceased, mayexercise all the rights accorded to persons underdisciplinary trial before the Highest Discipli-nary Council.

3. Pending the publication of the law pro-

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

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

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

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

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

Article 119

1. The inadmissibility of petitions for annul-ment of acts issued between April 21, 1967 andJuly 23, 1974, irrespective of the way it operat-ed, may be lifted by statute regardless of whetheror not such a petition had been submitted; in nocase, however, may retroactive wages be paid topersons who prevail through this legal remedy.

2. Military or civil servants who by law have

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been restored ipso jure to the public posts theyoccupied and who have become Members ofParliament, may within an eight-day limit statetheir choice between their parliamentary officeand their public post.

SECTION IVFinal Provision

Article 120

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

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

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

4. Observance of the constitution is entrust-ed to the patriotism of the Greeks who shallhave the right and the duty to resist by all pos-sible means against anyone who attempts theviolent abolition of the Constitution.

Athens, 18 April 2001

THE SPEAKER OF THE HELLENIC PARLIAMENT

APOSTOLOS CHR. KAKLAMANIS

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The Constitution of Greece was elaborated

and voted by the 5th Revisionary Parliament which

came out of the elections following the collapse

of the 1967 dictatorship on July 24, 1974. The

Constitution entered into force on June 11, 1975.

The Constitution of Greece was initially revised

by the 6th Revisionary Parliament in 1986 and

was revised for a second time by the 7th Revi-

sionary Parliament in 2001.

Note: One asterisk (*) indicates the provisionsrevised in 1986, while two asterisks (**) indicatethose revised in 2001.

ALPHABETICAL INDEX

AAghion Oros, 105Aliens, extradition, 5Alternative service, 4Amendments, 73, 74, 75, 76Amnesty, 47Armed forces, 4, 45Arrest, 5,6 Art, 16 Assemblies, 11Association, 12, 89, 102Athletics, 16

BBallot, 51, 102Bequeaths, 109Bills, 42, 71-76, 98Biomedical interventions, 5Budget, 64, 72, 75, 79, 80

CCabinet, 37, 38, 85Cadastre, national 24Censorship, 14Childhood, 21Church of Greece, 3Citizenship, 4, 105, 111Civil servants, 23, 29, 46, 56, 103 - 104Compensation, 17Confiscation, general, 7Conscience, religious, 13Constituent acts, in force, 111, 112Constitution, revision, respect (of), 110, 120Cooperatives, 12

137

Note: The numbers correspond to articles of theConstitution.

Correspondence, secrecy, 19Council of Hellenes Abroad, 108Court of Audit, 73, 98Courts, 93-100ACourts, civil servants, 92Courts, extraordinary, 8, 48Crime, 6, 7Currency, 80

DDeath sentence, 7Decentralization, 101Decrees, 43, 95, 100Defence, 4, 22, 68Delegation of legislative power, 36, 43, 78Demographic policy, 21Detention, 6Disabled, disability, 21, 88, 92Discriminations, prohibition, 5

EEconomic and monetary unification, 80Economic and Social Committee, 82Economic development, 79, 106Education, 16, 112Electoral expenses, 29Electoral system, 54Environment, 24Equality, 4, 116European integration, 28, 80European Union, 70Evidence illegally acquired, 19Executive power, 26Exploratory mandate, 37Expropriation, 17, 18, 117Extradition of aliens, 5

FFamily, 9, 21Felonies, 97Financial statement of the State, 72, 79, 98Foreign capital, 106, 107Foreign military force, 27Forest, 24, 117Form of Government, 1, 110Freedom of art and science, 16

138

Freedom of expression, 14Freedom of movement, 5Freedom of personality, 5Freedom of press, 14Freedom of religious conscience, 13Freedom to unionise, 23Freedom, personal, 5, 6, 7Fundamental rights, protection, 25

GGeneral Accounting Office, 75General Commissioner, 90Genetic identity, 5Good usages, 5, 13, 93Government, 26, 37, 82, 84Government Gazette, 35Government, right to introduce Bills 73, 75, 76

HHealth, protection, 5Highest Personnel Selection Council, 118Holy Monasteries, 105Holy Scripture, 3Home’s asylum, 9

IImprisonment, 5, 6, 62Indemnity, 7Independent authority, 9A, 15, 19, 56, 101A, 103Information media, 14Information society, 5AInterest, general 33, 106Interest, national, 4, 28Interest public, 17International conventions, 28, 36International law, 2, 5, 28, 100International organisations, 28, 36Interpretation of the statutes, authentic, 77Investigation committees of the Parliament, 68Island regions 101

JJournalist, 14Judge, 8, 87-92

" , presidents of Supreme Courts, 90

139

Judicial committees, 8Judicial functionaries, 87-91, 99Judicial power, 26, 87

L

Law proposal, 71-75Legacy, 109Legal Council of the State, 100ALegal protection, 8, 20, 87Legislative power, 26Local affairs, 102Local government agencies, 102

MMaster plan, 24Member of Parliament,

" , compensation, exemptions, 63" , election, 51, 53" , eligibility, 55" , forfeiture of office, 29, 57, 100 " , freedom of opinion, 60" , impediments of eligibility, 56" , incompatibilities, 57, 100, 115" , liability, 61, 62" , oath, 59" , prosecution, 61, 62" , resignation, 60" , of the Cabinet, 85, 86, 115

Military courts, 96Minister, 43, 66, 69, 73-76, 81, 83-85, 90Mixed jury courts, 97Moral damage, 6Motion of confidence, 84Motion of censure, 84

NNation, 1, 51National Council of Foreign Policy, 82National Radio and Television Council, 15Naval Courts, 96Newspaper, 14, 57

OOath, 13, 33, 59

140

Old age, 21Ombudsman, 101A, 103

PPardon, 47Parliamentary committees, 66, 68, 70-72, 74, 79

" control, 70" elections, 51-54, 58, 100, 115" resolutions, 111" session, 40, 64

Parliament," , Conference of Parliamentary Chairmen, 101A" , convocation, 40, 53" , dissolution, 32, 41" , investigation committees, 68" , legislative work, 70-80" , parliamentary control, 70" , Plenum, 65, 70-72, 74, 76, 113" , revision of the Constitution, 110" , sections, 68, 70-72, 113" , session, 64" , sittings, 66" , Speaker, 65" , Standing Orders, 65, 68, 70-72, 113

Personal data, 9APersonality, development, 5Personal liberty, 5, 6, 7Petition for annulment, 95Petition for reversal of final judgements, 95Political parties, 29, 37, 38, 54, 68Popular sovereignty, 1, 52, 120Postal vote, 51President of the Republic,

" , appointment of Prime Minister and Cabinet, 37, 38" , election, 30-32, 34, 114" , executive powers, 26" , institutional role, 30" , international representative of State, 36" , legislative powers, 26, 42-44, 48" , liability, 49, 115" , message, 44" , oath, 33" , powers, 50" , replacement, 34" , validity of his acts, 35

Presidents of the highest courts, 90, 118Press, 14, 15

141

Prime Minister, 37-38, 81-83" , appointment, 37" , replacement, 38

Principle of proportionality, 25Private disputes, 94Private economic initiative, 106Private life, 9Professors of university level institutions, 16, 56, 112Property, 17, 18, 24, 117Public administration, 94, 95, 101-104Public enterprises, 23, 56, 57Public order, 13, 18, 105Public sector, 14, 57, 98, 103Public servants, 46, 103, 104, 119Public supplies, 14, 57, 98

RRace, 5Radio and television, 14, 15, 57Reciprocity, 28Referendum, 44, 100Regulatory decrees, 43, 95, 100Religion, 3, 13, 14Resistance, 120Restrictive measures, 5Retroactive criminal statute, 7

" , statute of taxation, 78Revision of the Constitution, 110Right of economic liberty, 5

" , to assemble, 11" , to be elected, 55" , to form associations, 12" , to found and join political parties, 29" , to information, 5A" , to petition public authorities, 10" , to prior hearing, 20" , to protection of environment, 24" , to protection of health, 5" , to strike, 23" , to vote, 51

Rights, abusive exercise, 25Rights, Bills voted by the Plenum, 72Rights, general protection, 25Rights, suspension, 48

142

SSanctuary, home, 9Science, 16Social dialogue, 82Social security, 22Speaker of Parliament, 35, 61, 62, 65, 69, 81, 86Special Highest Court, 58, 100, 115Standing Orders of Parliament, 32, 44, 65, 66, 68, 70,

71, 72, 74, 76, 79, 101A, 103, 113State Deputies, 54, 56State of siege, 48Supreme Administrative Court, 88, 90, 91, 94-95, 100,

103, 118 § 5, 119Supreme Disciplinary Council, 91, 115, 118Supreme Judicial Council, 90

TTaxation, 78Television, 15Territory, Greek, 27Titles of nobility, 4Torture, 7Transparency of information media, 14Transparency of political parties, 29

UUndersecretary, 37, 66, 69, 81, 83-86University level institutions, 16

" , Professors, 16, 56, 112

VValue of human being, 2, 15Violence, 7Vote, right to, 51

W War, 7, 36, 48Will, 109Work, 22

YYouth, 15, 21, 29

143

THE EDITION OF "THE CONSTITUTIONOF GREECE, AS REVISED ÂÕ ÔHEPARLIAMENTARY RESOLUTION OFAPRIL 6th 2001 OF THE VIIth REVISIO-NARY PARLIAMENT", WAS PRINTEDFOR THE HELLENIC PARLIAMENT, BYTHE PUBLISHING HOUSE "EPTALO-FOS", IN 5.000 COPIES, IN THE ENGLISHLANGUAGE IN JULY 2004, WHENSPEAKER OF THE HELLENIC PARLIA-MENT WAS PROF. ANNA BENAKI.