{ Adopted: 11 June 1975 / Status: 1986 }
[Quasi-Preamble]
In the name of the Holy and Consubstantial and Indivisible
Trinity, the Fifth Constitutional Assembly of Greece votes:
Article 1 [Parliamentary Democracy]
(1) Greece is a Parliamentary Democracy with a President as
Head of State.
(2) Popular sovereignty is the foundation on which the form of
government rests.
(3) All powers are derived from the People, exist for the benefit
of the People and the Nation, and are exercised in the manner
determined by the Constitution.
Article 2 [Human Dignity]
(1) Respect for and protection of human dignity
(2) Greece, following the generally accepted rules of
international law, seeks consolidation of peace and justice and
fostering of friendly relations among Peoples and States.
Article 3 [Relations of Church and State]
(1) The prevailing religion in Greece is that of the Eastern
Orthodox Church of Christ. The Orthodox Church of Greece
acknowledging as its head Our Lord Jesus Christ is indissolubly
united in doctrine with the Great Church of Constantinople and
every other Church of Christ of the same doctrine. It observes
steadfastly, as they do, the holy apostolic and synodical canons
and the holy tradition. It is autocephalous, exercising its
sovereign rights independently of any other church, and is
administered by the Holy Synod of Bishops and the Parliament
Holy Synod which emanates from the former and is constituted
in accordance with the Constitutional Chart of the Church and
the provisions of the Patriarchal Document of 29 June 1850 and
the Synodal Deed of 4 September 1928.
(2) The religious status prevailing in certain parts of the State is
not contrary to the provisions of the aforegoing paragraph.
(3) The text of the Holy Scriptures shall be maintained
unaltered. The official translation thereof into any other
linguistic form, without the sanction of the Autocephalous
Church of Greece and the Great Church of Christ in
Constantinople, is prohibited.
Article 4 [Citizenship and Equality]
(1) All Greeks are equal before the law.
(2) Greek men and Greek women have equal rights and
obligations.
(3) Greek citizens are those who possess the qualifications
specified by the law. No one shall be deprived of his
citizenship save in the case of persons assuming on their own
free will another citizenship or joining a service in another
country which is contrary to the national interests, in
accordance with the conditions and procedure laid down by the
law in detail.
(4) Only Greek citizens shall be eligible for public service save
in those cases where exceptions are introduced by specific
legislation.
(5) Greek citizens shall, without discrimination, contribute
towards sharing the burden of public expenditure according to
their ability.
(6) Every Greek able to bear arms shall be obliged to assist in
the defence of the nation, as provided by law.
(7) Titles of nobility or distinction shall neither be conferred
upon, nor recognized in Greek citizens.
Article 5 [Freedom, Integrity]
(1) Each person is entitled to develop his personality freely and
participate in the social, economic, and political life of the
country
(2) All persons within the Greek State enjoy full protection of
their life, honor, and freedom, irrespective of nationality, race,
creed, or political allegiance. Exceptions shall be permitted in
such cases as are provided for by international law. Aliens
persecuted for acts carried out in defence of their freedom shall
not be extradited.
(3) Personal liberty is inviolable. No person shall be
prosecuted, arrested, imprisoned, or otherwise restricted, save
when and in the manner specified by law.
(4) Individual administrative measures restricting free movement
or freedom of residence in the country and the right of every
Greek to leave or enter Greece shall be prohibited. Such
measures may be taken in cases of extraordinary emergency and
only for the prevention of illegal acts, following the decision of
a penal court as the law provides. In cases of utmost urgency,
the ruling of the court may be issued after the administrative act
has been taken, but not later than three days; if not the said
administrative act shall be lifted ipso jure.
Article 6 [Arrest]
(1) No person shall be arrested or imprisoned without a judicial
warrant stating the reasons, which must be served upon him at
the moment of arrest or imprisonment, pending trial. This
provision does not apply to crimes committed in flagrante
delicto.
(2) Any person taken in the act or arrested on the basis of a
warrant of arrest, shall be brought before the competent
examining magistrate within twenty-four hours of the time of
arrest, at the latest, or, if the arrest was made outside the seat
of the examining magistrate, within the time which is absolutely
necessary for his conveyance thereto. The examining
magistrate must, within at the most three days of such
appearance, either release such person or issue a warrant for his
imprisonment. The time limit shall be extended for up to two
days at the request of the person arrested or in the event of
force majeure which shall be certified by a ruling of the
competent judicial council.
(3) Upon expiry of either of these time limits without any such
action having been taken, any warder or any other person,
whether civilian or military, in charge of the detainee must
release the same. Violators of these provisions shall be
punished for illegal confinement and shall have to make good
any loss sustained by the injured party and give satisfaction to
the same for moral injury by such sum of money as the law
provides.
(4) The law shall determine the maximum term of imprisonment
pending trial which cannot exceed one year for felonies and six
months for misdemeanors. In the event of extraordinary
circumstances, the said maximum may be extended by six and
three months respectively, by a ruling of the competent judicial
council.
Article 7 [Nullum Crimen Sine Lege]
(1) No offence shall exist, nor shall any punishment be
imposed, unless a law determining the details has been in force
prior to the commission of the act. Punishment can never be
heavier than provided by the law in force when the act was
committed.
(2) Torture and any kind of bodily ill-treatment, injury to
health, or the use of psychological pressure or any other
offence against human dignity
(3) General confiscation is prohibited. The death penalty shall
not be imposed for political crimes save for compound ones.
(4) The law specifies the terms under which the State following
a judicial decision shall indemnify persons unjustly or illegally
sentenced, or imprisoned pending trial, or otherwise deprived of
their personal freedom.
Article 8 [Natural Judge]
No person shall be denied the right to his lawful judge without
his consent. Judicial committees and extraordinary courts under
any name whatsoever, shall not be established.
Article 9 [Inviolability of Home]
(1) Each man's home is inviolable. A person's personal and
family life is inviolable. No house searches shall be made
except when and as the law directs, and always in the presence
of representatives of the judicial authorities.
(2) Offenders against the aforegoing provision shall be punished
for forced entry into a private house and abuse of power, and
shall be obliged to indemnify in full the injured party as the law
provides.
Article 10 [Petition]
(1) Each person has and several persons acting together have
the right, adhering to the laws of the State, to address written
petitions to authorities, and said authorities must promptly react
on the basis of the existing regulations and furnish in writing a
reasoned answer to the petitioner in accordance with the law.
(2) Action for offenses possibly contained in the petition may be
initiated against the petitioner only after the serving of the final
decision by the authority to which the petition was addressed
and with the permission thereof.
(3) Requests for information must be complied with by the
competent authority, if this be provided by law.
Article 11 [Assembly]
(1) Greeks have the right to assemble peaceably and without
arms as the law provides.
(2) The police may be present at public open air meetings only.
Open air meetings may be prohibited by police decision stating
the reasons, generally if danger to public security is imminent
therefrom, and in the case of specific areas if the disruption of
social and economic life is seriously threatened, as the law
provides.
Article 12 [Association]
(1) Greeks have the right to establish non-profit unions and
associations, observing the laws of the State which cannot,
however, make the exercise of such right subject to previous
permission by the Government.
(2) An association may not be dissolved for violating the laws
or a fundamental provision of the by-laws without a court
decision.
(3) The provisions of the aforegoing paragraph also apply per
anlogia to unions which do not constitute an association.
(4) Restrictions on the right of association of civil servants may
be imposed by law. Restrictions on the same right may also be
imposed upon local government employees or those of other
bodies corporate of public law, or public enterprises.
(5) Agricultural and urban co-operation of any kind shall be
self-governed in accordance with the provisions of the law or
their by-laws and shall be placed under the protection and
supervision of the State which shall be obliged to provide for
the development thereof.
(6) Law may establish compulsory co-operatives which shall
aim at achieving goals, relating to the common good or the
public interest or the joint exploitation of agricultural areas or
other material resources, safeguarding in every case equality of
treatment of those participating therein.
Article 13 [Religion]
(1) The freedom of religious conscience is inviolable
(2) Every known religion is free and the forms of worship
thereof shall be practiced without any hindrance by the State
and under protection of the law. The exercise of worship shall
not contravene public order or offend morals. Proselytizing is
prohibited.
(3) The ministers of all religions are subject to the same
obligations towards the State and to the same state supervision
as the ministers of the established religion.
(4) No person shall, by reason of his religious convictions, be
exempt from discharging his obligations to the State, or refuse
to comply with the laws.
(5) No oath shall be imposed without a law specifying the form
thereof.
Article 14 [Freedom of Expression and Press]
(1) Any person may express and propagate his opinion orally,
in writing, or in print
(2) The press is free. Censorship and all preventive measures
are prohibited.
(3) The seizure of newspapers and other printed matter, either
before or after circulation, is prohibited. By exception, seizure
after publication is permitted upon instruction by the Public
Prosecutor because of:
a) insult to the Christian and all other known religions,
b) insult to the person of the President of the Republic,
c) a publication which discloses information relating to the
composition, armament, and disposition of the armed forces or
the fortifications of the country, or aims at violently
overthrowing the political system or is directed against the
territorial integrity of the State,
d) obscene publications which manifestly offend public decency,
in the cases specified by law.
(4) In all of these cases, the Public Prosecutor must, within
twenty-four hours of the seizure, submit the case to the judicial
council which, within a further twenty-four hours, must decide
whether the seizure shall be maintained or withdrawn, otherwise
the seizure shall be lifted ipso jure. The publisher of the seized
newspaper or other printed matter and the Public Prosecutor are
allowed to appeal to the Appeal Court and the Supreme Court.
(5) The law shall determine the manner rectifying in full
through the press erroneous publications.
(6) After at least three convictions within a five year period for
crimes specified in Paragraph (3) hereof, the court shall order
the permanent or temporary suspension of issue of the
publication and, in serious cases, prohibit the practice of the
profession of journalist by the person convicted, as provided by
law. Such suspension or prohibition shall commence from such
time as the sentence becomes irrevocable.
(7) Press offenses shall be deemed offenses in flagrante delicto
and shall be judged by the courts as the law provides.
(8) The law determines conditions and qualifications for the
practice of journalism.
(9) The law may lay down that financing newspapers and
periodicals be made known.
Article 15 [Supervised Media]
(1) The provisions on the protection of the press contained in
the aforegoing article shall not be applied to motion pictures,
phonography, radio, television, and all other similar means of
transmitting speech of image.
(2) Radio and television are placed under the immediate
supervision of the State and shall aim at the transmission of
objective information and news under conditions of equality, as
well as works of literature and art, safeguarding in every case
such quality in the broadcasts as may become necessary by the
social function thereof and the cultural development of the
country.
Article 16 [Education]
(1) Art and science, research, and teaching are free and their
development and promotion constitutes a state obligation.
Academic freedom and the freedom to teach do not override the
duty to obey the Constitution.
(2) Education constitutes a fundamental state objective and aims
at the moral, intellectual, professional, and physical instruction
of the Greeks, the development of national and religious
consciousness, and the formation of free and responsible
citizens.
(3) The years of compulsory schooling may not be less than
nine.
(4) All Greeks have the right to free education in the state
schools at all levels. The State supports outstanding students
and those needing support or special protection according to
their needs.
(5) University level education is provided exclusively by
institutions which are bodies corporate of public law and fully
self-governed. The said institutions are under the supervision
of the State and entitled to financial support. They operate on
the basis of the laws relating to their organization. Merging or
fragmentation of the university level institutions may take place
despite any provision to the contrary, as the law determines.
The professors of the university level institutions may not be
dismissed before the expiry of the term of their employment, as
laid down by law, save under the essential preconditions
specified in Article 88 (4) and following the decision of a
committee comprising a majority of high judicial functionaries,
as the law provides.
(6) Professors of the university level education institutions are
public functionaries. The rest of the teaching staff thereof also
holds public office, under the preconditions laid down by the
law. Matters relating to the status of all the aforementioned
shall be determined by the Rules and Regulations of the
respective institutions. A law shall determine the age limit for
the professors of university level institutions, and until such law
be issued, the professors already employed shall depart ipso
jure upon expiry of the academic year in which they attain their
sixty-seventh year.
(7) Vocational and any other special instruction is provided by
the State through schools of higher status and for a period not
exceeding three years, as is specially laid down by the law
which also determines the rights pertaining to the occupation of
those who graduate from such schools.
(8) A law shall determine the preconditions and the terms under
which permits for the establishment and operation of private
schools are issued and matters relating to the supervision
exercised thereover and the professional status of the teaching
staff thereof. The establishment of university level schools by
private citizens is prohibited.
(9) Sport shall be under the protection of and shall be
supervised at the highest level by the State. The State shall
subsidize and control association of sports clubs of any kind, as
the law provides. A law shall also determine the disposal of the
subsidies provided, in accordance with the aims of the
associations which shall receive the same.
Article 17 [Property]
(1) Property stands under the protection of the State
(2) No one shall be deprived of his property except for the
public benefit, which shall be duly ascertained, when and as the
law directs and always after full indemnification. Such
indemnification must be commensurate with the value of the
expropriated property at the time of the court hearing for the
temporary fixing of indemnification. In the case of direct
petition for the final fixing of indemnification, the value of the
property at the time of court hearing relating thereto shall be
taken into consideration.
(3) Any change in the value of the expropriated property which
may occur after the publication of the expropriation act and
may only result therefrom, shall not be taken into account. A
law may determine the contribution to the State expenditure by
those who shall benefit from the construction of utilities or
works of overall significance for the economic development of
the country.
(4) The indemnification shall at all times be fixed by the civil
courts, and may be determined provisionally by court, after a
hearing or summoning of the beneficiary who may be obliged,
at the discretion of the court and in order to receive such
indemnification, to offer an appropriate guarantee in the manner
determined by law. Prior to the payment of either the final or
the provisional indemnification, all the rights of the proprietor
shall be intact and the dispossession thereof shall be prohibited.
The specified indemnification must be paid within one year and
a half from the publication of the order determining
provisionally such indemnification, and in the case of petitions
for the final determination thereof from the publication of the
relevant court order, otherwise the expropriation is lifted ipso
jure. The indemnification as such shall not be subject to any
tax, deduction, or charge.
(5) A law may determine the cases of compulsory compensation
to beneficiaries for the lost revenue from the expropriated real
property up to the time of payment of the indemnification.
(6) In the case of construction of utilities or works of more
general significance for the national economy, a law may allow
the expropriation in favor of the State of areas extending
beyond the ones strictly necessary for the construction of the
works. The same law shall determine the preconditions and
terms of such an expropriation as well as the disposal or
utilization of the additional expropriated property required for
the works under construction, with a view to serving public
purposes in general.
(7) A law may provide that in the case of construction of works
which are obviously useful to the public and for the benefit of
the State or bodies corporate of public law or local authorities
or utilities or public enterprises, it shall be allowed to dig
underground tunnels up to the necessary depth and without the
payment of the necessary indemnification provided that the
usual exploitation of the overlying real property be unimpeded.
Article 18 [Special Cases of Property, Requisition]
(1) Special laws shall determine questions relating to the
ownership and disposal of mines, quarries, caves,
archaeological treasures, mineral waters, freely-flowing and
subterranean waters, and the subterranean natural resources in
general.
(2) A law shall determine questions relating to the ownership,
exploitation, and administration of shoals and large lakes and
those relating in general to the disposition of the areas
reclaimed through the draining thereof.
(3) Special laws shall regulate the questions relating to
requisitioning for the need of the armed forces in case of war or
mobilization in order to meet urgent social needs which may
endanger public order or health.
(4) The reallocation of agricultural lands with a view to
improving efficiency of their cultivation and measures with a
view to avoiding excessive fragmentation or facilitating the
regrouping of the fragmented small holdings shall be allowed
and effected in accordance with the procedure specified by
special law.
(5) In addition to the cases mentioned in the aforegoing
paragraph, a law may provide for any further restriction on the
free use and exploitation of property which may be necessary
due to special circumstances. The law shall specify the obligor
and the procedure whereby the price of use and exploitation
shall be paid to the person entitled thereto, which must
correspond to the conditions prevailing in each instance. Any
measures remain in force without just cause, the Council of
State at the request of any person having a lawful interest
therein shall decide on the lifting thereof, according to the
category whereunder the case falls.
(6) The law may determine the terms under which abandoned
land can be disposed of with a view to the utilization thereof for
the benefit of the national economy and the restitution of
landless persons. The same law shall determine the question
relating to the partial or full indemnification payable to the
owners thereof should they reappear within a reasonable time
limit.
(7) A law may establish compulsory joint ownership of
adjoining real estate properties in urban areas provided that the
separate development of them or of some of them is not
compatible with the development requirements which are or
may in the future be in force in the district in question.
(8) The agricultural property of the Holy Monasteries of
Stavropigiaka of Saint Anastasia, the Pharmakolytria in
Chalkidiki, the Monastery of Vlatades in Thessaloniki, and the
Monastery of John the Evangelist the Theologian in Patmos,
shall be exempt from expropriation; the provision does not
apply to agricultural property situated outside the area of the
monastery. Likewise, the property of the Patriarchates of
Alexandria, Antiochia, and Jerusalem and that of the Holy
Monastery of Sinai which is situated in Greece shall be exempt
from expropriation.
Article 19 [Secrecy of Correspondence]
The privacy of correspondence and any other form of
communication is absolutely inviolable. The law shall
determine the guarantees under which the judicial authority is
released from the obligation to observe the abovementioned
right, for reasons of national security or for the investigation of
particularly serious crimes.
Article 20 [Recourse to Courts]
(1) All citizens are entitled to lawful protection by the courts
and may present their views in relation to their rights or
interests, as laid down by the law.
(2) The same right of the interested party to a prior hearing is
also applicable to any administrative act or measure which is
taken against the rights or interests thereof.
Article 21 [Family]
(1) The institution of the family, being the foundation of the
preservation and improvement of the nation, as well as
marriage, motherhood, and childhood, shall be protected by the
State.
(2) Families with a large number of children, war and peace
invalids, war victims, widows, and orphans of persons killed in
the war, and those suffering from mental or physical illness
shall be under special state care.
(3) The State shall be concerned with the health of the citizens
and shall take special measures for the protection of youth, old
age, cripples, and those who are destitute.
(4) The provision of homes to those who are homeless or live
in inadequate housing conditions shall be the subject of special
care by the State.
Article 22 [Work, Social Security]
(1) Work is a right and shall be placed under the protection of
the State, which shall take measures with a view to creating
conditions for full employment and for the moral and material
improvement of the working agricultural and urban population.
(2) The general conditions of work shall be determined by law
and supplemented by collective agreements arrived at by free
collective bargaining and, in the event of their having failed, by
the regulations fixed by arbitration.
(3) All forms of compulsory labor shall be prohibited. Special
laws shall determine matters relating to the forcible recruitment
of personal services in the event of war or mobilization or for
the benefit of the defence needs of the country or in the case of
social emergency caused by a natural catastrophe or likely to
endanger public health, and matters relating to the services
offered to local authorities with a view to satisfying local needs.
(4) The State shall provide for the social security of the
workers, as the law provides.
Article 23 [Unions, Right to Strike]
(1) The State shall take the appropriate measures for the
safeguarding of trade union freedom and the unimpeded
exercise of the rights relating thereto against any violation
thereof, within the limits of the law.
(2) The right to strike shall be exercised by the duly constituted
trade unions with a view to preserving and promoting the
economic interests of the workers and those relating to their
work in general. Any strike whatsoever by judicial
functionaries and members of the security forces is prohibited.
The right to strike is placed under the limitation imposed by law
in the case of civil servants, employees of local authorities,
bodies corporate of public law, and the personnel of public
enterprises of any kind or utilities, the operation whereof is of
vital importance for the satisfaction of basic needs of society as
a whole. The said limitations cannot be extended to include the
abolition of the right to strike or impede the lawful exercise
thereof.
Article 24 [Environment]
(1) The protection of the physical and cultural environment
constitutes an obligation to the State. The State must take
special preventive or repressive measures for the conservation
thereof. A law shall regulate matters relating to the protection
of forests and forest areas in general. Any change in the land
uses of public forests or public forest areas shall be prohibited,
unless the agricultural use thereof or any other use be beneficial
to the national economy or dictated by the national interests.
(2) The regional restructuring of the country, the configuration,
development, planning, and extension of cities and housing
areas in general shall be placed under the regulatory
competence of and control by the State with a view to achieving
the best possible living conditions and enhancing the
functionality and development of the said housing areas.
(3) The properties contained in a given area shall compulsorily
participate, without receiving any compensation form the local
agencies, in making the necessary land available for the
construction of roads, squares, and communal units and spaces,
and in covering the cost of the construction of basic town
planning works for public use, as the law provides, with a view
to recognizing the said area as housing area and revitalizing the
same.
(4) A law may provide for the participation by the property
owners of a given area designated as residential in the overall
development and planning on the basis of an approved plan,
through an exchange of their real estate property in blocks of
flats not extending to the land underneath (horizontal property),
sited in the parts of the area which shall finally be designated as
building land or structures in the said area.
(5) The provisions of the aforegoing paragraphs shall apply to
the rehabilitation of already existing housing areas. The areas
cleared as a result shall be used for the creation as communal
spaces or the construction of communal units or sold in order to
cover the cost of the town redevelopment, as the law provides.
(6) Monuments and historical sites shall be protected by the
State. A law may determine the measures necessary for such
protection which may restrict the rights of the owners therein,
and the mode and kind of compensation payable to the said
owners.
Article 25 [Protection of Fundamental Rights]
(1) The right of human beings as individuals and as members of
the social body are guaranteed by the State, all the functionaries
whereof are obliged to safeguard the unimpaired exercise
thereof.
(2) The recognition and protection of the fundamental and
inalienable rights of man by the State shall aim at achieving
social progress in freedom and justice.
(3) Abuse of rights shall be prohibited.
(4) The State has the right to demand of all citizens that they
perform the duty of social and national solidarity.
Article 26 [Legislative Power]
(1) The legislative power shall be exercised by Parliament and
the President of the Republic.
(2) The executive power shall be exercised by the President of
the Republic and by the government.
(3) The judicial power shall be exercised by the courts and their
decisions shall be executed in the name of the Greek People.
Article 27 [Boundaries]
(1) No alteration in the boundaries of the State shall be effected
without a law passed by the absolute majority of the total
number of deputies.
(2) No foreign army shall be admitted within the boundaries of
the Greek State, nor shall remain therein or pass through
without a law passed by the absolute majority of the total
number of deputies.
Article 28 [International Law]
(1) The generally recognized rules of international law and the
international conventions after their ratification by law and their
having been put into effect in accordance with their respective
terms, shall constitute an integral part of Greek law and
override any law provision to the contrary. The application of
the rules of international law and international conventions in
the case of aliens shall always be effected on condition of
reciprocity.
(2) It shall be possible under the Constitution to recognize the
competence of bodies of international organizations by virtue of
treaties or agreements with a view to serving important national
interests and promoting co-operation with other countries. A
majority of three fifth of the total number of deputies shall be
required for the passing of laws ratifying such treaties or
agreements.
(3) Greece shall accept restrictions on the exercise of national
sovereignty by laws passed by the absolute majority of the total
number of deputies, if this be dictated by important national
interests, if human rights and the foundations of the democratic
regime be not violated, and if this be effected on the basis of
the principle of equality and on condition of reciprocity.
Article 29 [Political Parties]
(1) Greek citizens who are eligible to vote can freely establish
and participate in political parties, the organization and
activities whereof must serve the free functioning of the
democratic political system. Citizens who have not yet
acquired the right to vote can participate in the youth
organizations of political parties.
(2) A law may regulate matters relating to financial support
given to political parties by the State and the publication of
expenditure incurred by parties and candidates during elections.
(3) Activities of any kind whatsoever in favor of political
parties by judicial functionaries, military personnel in general
and personnel of the security forces and civil servants, and the
active support of the same by employees of bodies corporate of
public law, public enterprises, and local authorities shall be
absolutely prohibited.
Chapter I Election of the President
Article 30 [President]
(1) The President of the Republic shall regulate the functions of
the powers of the State.
(2) The office of the President shall be incompatible with any
other office, position, or function.
(3) The Presidential term shall commence from the day when
the President is sworn in.
(4) In the event of war, the Presidential term shall be extended
until the termination thereof.
(5) The re-election of the same person shall be permitted only
once.
Article 31 [Eligibility]
Persons who have been Greek citizens for five years and
through their father, have attained their fortieth year, and are
legally eligible to vote, can be elected to the office of President.
Article 32 [Election]
(1) The election of the President of the Republic by Parliament
is effected by open and nominal ballot in a specially convened
session, caused by the speaker, not later than one month before
the expiry of the term of the incumbent President of the
Republic according to the relevant provisions of the
Regulations. In the event of definitive inability to discharge his
duties on the part of the President of the Republic, as specified
in Article 34 (2), and in the event of resignation or demise
or his having forfeited his office according to the provisions of
the Constitution, the parliamentary meeting for the election of
the new President of the Republic shall be held within ten days
from the premature expiry of the term of the previous
President.
(2) The election of the President of the Republic shall in every
case be for a full term.
(3) The person who shall receive a two-thirds majority of the
total number of members of Parliament shall be elected
President. In the event that such majority not be achieved,
voting shall be repeated after five days, and if again the said
majority be not attained, voting shall be repeated once more
five days after the day of the second vote, and the person who
shall receive three-fifth of the total number of votes shall be
elected President of the Republic.
(4) If the said increased majority be not attained in the final
vote, Parliament shall be dissolved within ten days from the
said vote and elections for a new Parliament shall be
proclaimed. The relevant decree shall be signed by the
incumbent President of the Republic, and if this be not possible
by the Speaker who shall replace him. The Parliament returned
by the new elections shall proceed immediately after it has been
constituted as a body with the election by open and nominal
ballot of the President of the Republic with a three-fifths
majority of the total number of deputies. If the said majority be
not attained, the vote shall be repeated within five days and the
person who shall receive the absolute majority of the total
number of deputies shall be elected President. If even this
majority be not attained, the vote shall be repeated once again
and after five days between the two candidates who received the
greater number of votes, and the one who shall receive the
greater number of votes this time shall be deemed elected
President of the Republic.
(5) If Parliament should not be in session, it shall be convoked
in an extraordinary session in order to elect the President of the
Republic in accordance with the provisions of Paragraph (4). If
Parliament has been dissolved for any reason, the election of
the President shall be postponed until the new Parliament be
constituted as a body and shall take place not later than twenty
days from that day, in accordance with the provisions
of Paragraph (3) and (4) hereof and Article 34 (1).
(6) If the procedure for the election of the new President
specified in the aforegoing Paragraphs should not concluded in
time, the incumbent President of the Republic shall remain and
discharge his duties even after the expiry of his term until the
new President be elected.
Article 33 [Installation]
(1) The elected President of the Republic shall assume his
duties on the day following expiry of the term of the outgoing
President, and in all other cases on the day following his
election.
(2) The President of the Republic shall take the following oath
before Parliament, and prior to his taking office:
"I swear in the name of the Holy, Consubstantial, and
Indivisible Trinity to observe the Constitution and the laws, to
provide for the faithful observance thereof, to defend the
national independence and territorial integrity of the country, to
protect the rights and liberties of Greeks and to serve the public
interest and the progress of the Greek People."
(3) A law shall determine the allowance payable to the
President of the Republic and the operation of the services to be
established for the discharge of his duties.
Article 34 [Replacement]
(1) The Speaker shall act as pro tempore deputy of the
President of the Republic when the latter has been abroad for
more than ten days, died, resigned, forfeited his office, or
became incapable of discharging his duties for any reason, and
in the absence of Parliament the Speaker of the last Parliament,
and in the event of his refusing to do or his being deceased, the
said duties shall be carried out by the Cabinet collectively.
During the period when the Presidential office is held by a
deputy, the provisions relating to dissolution of Parliament shall
be suspended save the case of Article 32 (4), as well as the
provisions relating to the dismissal of government and recourse
to referendum in accordance with the provisions of Article
37 (4) and Article 44 (2).
(2) Should the incapacity of the President of the Republic to
discharge his duties be extended beyond thirty days, Parliament
shall be compulsorily convened, even if the same has been
dissolved, in order to decide with a majority of three fifths of
its members whether a new President should be elected. In no
case, however, shall the election of a President be delayed more
than six months from the commencement of the substitution
thereof on grounds of incapacity.
Article 35 [Countersignature]
(1) No act of the President of the Republic shall be valid or
executed unless countersigned by the competent Minister who
shall be rendered responsible only through his signature and
after such act has been published in the Government Gazette.
In the event of a government being dismissed, if the Prime
Minister refuses to countersign the relevant decree, it can be
signed by the President of the Republic alone.
(2) By exception, the counter-signature shall not be required
only in the following cases:
a) The appointment of the Prime Minister.
b) The exploratory mandate, in accordance to Articles
37 (2), (3) and (4).
c) The dissolution of Parliament in accordance to Articles
32 (4) and 41 (1), if the Prime Minister does not
countersign, as well as the dissolution in accordance to
the Article 53 (1), if the Cabinet does not
countersign.
d) The vetoing of bills or private members' bills passed by
Parliament according to Article 42 (3).
e)The appointment of personnel to the departments of the
Presidency of the Republic.
(3) The proclamation of a referendum on a bill, in accordance
to Article 44 (2) is countersigned by the Speaker.
Article 36 [International Representation]
(1) The President of the Republic without any prejudice to the
provisions of Article 35 (1) shall represent the State in its
urelations to other States, declare war, conclude treaties of
peace, alliance, economic co-operation and participation in
international organizations or unions, and announce the same to
Parliament with the necessary clarifications, if the interests and
security of the State so permit.
(2) Commercial treaties and those relating to taxation, economic
co-operation, and participation in international organizations or
unions, and such other treaties as contain concessions in regard
to which, under the provisions of this Constitution, nothing can
be determined without a law, or which entail a burden on
Greeks as individuals, shall be invalid without the formal law
which ratifies them.
(3) The secret articles of a treaty shall under no circumstances
subvert the published articles thereof.
(4) The ratification of international treaties may not become the
subject of legislation authorization under Article 43 (2)
and (4).
Article 37 [Appointment of Prime Minister]
(1) The President of the Republic shall appoint the Prime
Minister and, at the recommendation of the latter, he shall also
appoint the rest of the members of the Government and the
Deputy Ministers.
(2) The leader of the party which shall have the absolute
majority in Parliament shall be appointed Prime Minister. If
there is not such party, the President of the Republic shall give
the leader of the party which commands the relative majority an
exploratory mandate with a view to ascertain the possibility of
forming a government which shall enjoy the confidence of
Parliament.
(3) If the formation of government is not thus attained, the
President of the Republic shall give the leader of the second
party an exploratory mandate. If even this mandate is without
results, he shall give the leader of the third party an exploratory
mandate. Every mandate is given for a period of three days. If
all mandates fail, the President of the Republic shall convene
the leaders of all parties and, if the impossibility of formation
of government enjoying the confidence of Parliament is
reconfirmed, then he shall try to achieve the formation of a
Government that shall proceed to elections. Should this fail, he
shall give to the President of the Council of the State or of the
Supreme Court or of the Council of Comptrollers the mandate
of formation of a Government, enjoying the widest possible
acceptance, in order to dissolve the Parliament and proceed to
elections.
(4) If a mandate is to be given, in accordance to aforegoing
Paragraphs, to a party that has not a leader or a representative,
the President of the Republic shall give it to a person appointed
by the deputies of the said party. This appointment must take
place not later than three days after the strength of the parties
represented in Parliament has been announced to the President
of the Republic by the Speaker.
{Interpretive Declaration: As regards to the exploratory mandates, if two parties have the same number of deputies, then shall go first the party that has obtained more votes at the elections. A party just formed and recognized by the Regulation of the Parliament, shall follow a more ancient party with the same number of deputies. In both cases, exploratory mandates shall not be given to more than four parties.}
Article 38 [Cabinet's Dismissal]
(1) The President of the Republic shall divest the Prime Minster
of his duties when the latter has resigned and when the
Government has been defeated in Parliament, in accordance
with the provisions of Article 84. In these cases, the
provisions of Article 37 (2), (3) and (4) shall apply. If the
Prime Minister who has resigned is the leader of a party having
the absolute majority in Parliament, the provisions of Article
37 (3) shall apply.
(2) If the Prime Minister resigns or dies, the President of the
Republic shall appoint at this post the person proposed by the
deputies of its party, in a period no longer than three days. Till
the appointment of the new Prime Minister, the first vice
president of the Cabinet or the first in rank Minister shall
assume the functions of Prime Minister.
(3) {...}
Article 39 [Council of the Republic]
{...}
Article 40 [Convocation of Parliament]
(1) The President of the Republic shall convoke Parliament in
ordinary session once a year according to the provisions
of Article 64 (1), and in extraordinary session whenever
he deems it reasonable; he shall open and close each
Parliamentary term in person or through the Prime Minister.
(2) The President of the Republic shall have the right, only
once, to suspend the work of a given Parliamentary session,
either by postponing the opening or by interrupting the
continuance thereof.
(3) The suspension of Parliamentary work shall not exceed
thirty days, nor shall it be repeated during the same
Parliamentary session without the consent of Parliament.
Article 41 [Dissolution of Parliament]
(1) The President of the Republic may dissolve Parliament, if
two Governments have resigned or defeated in the Parliament
and its composition cannot achieve stability of government.
The elections shall be organized by the Government enjoying
the confidence of the dissolved Parliament. In every other
case, the provisions of the last phrase of Article 37 (3)
shall apply.
(2) The President of the Republic shall dissolve the Parliament
at the suggestion of a Government which has been given a vote
of confidence, with a view to renewing its mandate in order to
deal with a problem of extraordinary importance for the nation.
The dissolution of the new Parliament for the same reason is
prohibited.
(3) The dissolution Decree countersigned, in the case of the
aforegoing paragraph, by the Cabinet must at the same time
comprise the proclamation of new elections within thirty days
and the convocation of the new Parliament within another thirty
days from the election.
(4) A Parliament elected following the dissolution of the
previous one may not be dissolved before the expiry of one
year from the commencement of its work, save in the case
of Article 37 (3) and of the Paragraph (1) of the
present Article.
(5) The dissolution of Parliament is obligatory in the case
of Article 32 (4).
Article 42 [Ratification of Laws, Veto]
(1) The President of the Republic shall issue and publish the
laws passed by Parliament within one month from the passing
thereof. The President of the Republic may, within the time
limit specified in the aforegoing paragraph, send back to
Parliament a bill passed thereby, stating the reasons for his
veto.
(2) A bill or private member's bill vetoed by the President of
the Republic shall be brought before the Plenary Session of
Parliament, and should it be passed again by the absolute
majority of the total number of deputies, according to the
procedure laid down by Article 76 (2), the President of
the Republic shall issue and publish such bill within ten days
from the second passing thereof.
(3) {...}
Article 43 [Decrees]
(1) The President of the Republic shall issue the decrees
necessary for the execution of the laws, but he shall under no
circumstances suspend the operation of the laws nor exempt
anyone from the execution thereof.
(2) It shall be permitted to issue Regulatory Decrees at the
proposal of the competent minister, on the basis of a specific
authorization by law, and within the limits thereof.
Authorization for the issuance of regulatory decrees by other
administrative organs shall be allowed only in the case of
regulation of special matters or matters of local interest or
technical or detailed character.
(3) {...}
(4) Laws passed by the Plenum of Parliament may authorize the
issuance of Regulation Decrees for the regulation of matters
specified therein within a general framework. The said laws
will provide the general principles and guidelines for the
procedure to be followed and shall specify the time limit within
which such authorization must be made use of.
(5) Matters which according to Article 72 (1) fall within
the competence of the Plenum of Parliament may not be the
object of the authorization mentioned in the aforegoing
paragraph.
Article 44 [Acts of Legislative Content]
(1) In extraordinary circumstances of most urgent and
unforeseen need, the President of the Republic may, at the
suggestion of the Cabinet, issue acts of legislative content.
These acts shall be brought before Parliament for approval, in
accordance with the provisions of Article 72 (1), within
forty days from the day of issuance or within forty days from
the commencement of a Parliamentary session. If the said acts
be not submitted to Parliament within the said time limits, or if
they be not approved by Parliament within three months from
each submission, they shall become invalid for the future.
(2) After a decision taken by a three fifths majority of the total
number of the members of the Parliament, in accordance to a
proposition of the Cabinet, the President of the Republic shall
proclaim by a decree referenda on national questions of crucial
importance. After a decision taken by a three fifths majority of
the total number of the members of the Parliament, following a
proposition of the two fifths thereof, the President of the
Republic shall proclaim by a decree referenda on bills passed
by the Parliament regarding serious social issues, with the
exception of fiscal bills, in accordance to the Regulation of
Parliament and a law regulating the application of this
Paragraph. The proposition of more than one referendum on
bills in the same Parliamentary Term is prohibited.
(3) In most extraordinary circumstances, after the conform
opinion of Prime Minister,the President of the Republic may
issue addresses to the people, which shall be published in the
Government Gazette.
Article 45 [Commander in Chief]
The President of the Republic shall be the commander-in-chief
of the armed forces which shall be administered by the
Government as the law provides.
Article 46 [Appointment of Civil Servants]
(1) The President of the Republic shall appoint and dismiss civil
servants according to the law, save in the case of exceptions
provided by the law.
(2) The President of the Republic shall confer the established
decorations in accordance with the provisions of the pertinent
law.
Article 47 [Pardon and Amnesty]
(1) The President of the Republic shall have the right, following
a proposal by the Minister of Justice and having consulted the
opinion of a council which contains a majority of judges, to
pardon, commute, alter, or reduce sentences pronounced by the
courts of law and to lift legal consequences of any kind
emanating from sentences which have been pronounced and
served.
(2) The President of the Republic shall have the right to grant a
pardon to a minister sentenced according to Article 86
only with the consent of Parliament.
(3) Amnesty may only be granted in cases of political crimes,
by a law voted in Plenary Session of the Parliament by a
majority of three fifths of the total number of deputies.
(4) Amnesty in the cases of common crimes may not be granted
even by law.
Article 48 [State of Siege]
(1) In case of a state of war or mobilization due to external
dangers or of manifest threat to the national security, or in case
of armed revolt against the Democratic regime, the Parliament
may, after proposition of the Cabinet, suspend throughout the
country or in part thereof the operation of Articles 5 (4), 6,
8, 9, 11, 12 (1)-(4), 14, 19, 22, 23, 96 (4), and
97 or some of these Articles and put into effect the law on
"state of siege" as this law may apply on each occasion, and
establish extraordinary tribunals. The President of the Republic
issue the resolution of the Parliament. This resolution defines
also the duration of the imposed measures, that can not be
longer than fifteen days.
(2) If the Parliament is in absence or it is not possible to
convoke it in time, the measures of the aforegoing Paragraph
shall be taken by presidential decree, after proposition of the
Cabinet. This decree shall be brought to the Parliament when
its convocations becomes possible, even if its term has ended or
if it has been dissolved and, in any case, not later than fifteen
days after its issuance.
(3) The duration of the measures of the aforegoing paragraphs
can be extended beyond fifteen days only by decision of the
Parliament, each time for a period of fifteen days. The
Parliament is convoked therefore even if its term has ended or
if it has been dissolve.
(4) The measures taken in accordance to the aforegoing
paragraphs shall ipso jure be lifted after the termination of the
war and, in any other case, after the expiration of the delays of
the Paragraphs (1), (2) and (3) of the present Article.
(5) The President of the Republic may, after proposition of the
Cabinet, issue Legislative Acts, with a view to coping with the
situation and the speedy resumption of the operation of the
constitutional institutions. These acts shall be brought before
Parliament for approval within fifteen days from the day of
issuance or from the day of the convocation of the Parliament.
If the said acts be not submitted to Parliament within the said
time limits, or if they be not approved by Parliament within
fifteen days from their submission, they shall become invalid
for the future. The law on the state of siege may not be
amended while it is in force.
(6) The decisions of the Parliament in accordance
to Paragraphs (2) and (3) are taken by the absolute majority of
the total number of deputies, whereas the decision in
accordance to the Paragraph (1) is taken by a majority of the
three fifths of the total number therof, in one only Session.
(7) During the application of measures of the state of siege the
provisions of the Articles 61 and 62 shall remain ipso
jure in force, even if the term of Parliament has ended or if it
has been dissolved.
Article 49 [Immunity, Liability]
(1) The President of the Republic shall not be held in any way
responsible for the acts carried out in the discharge of his
duties, save in the case of high treason or wilful violation of the
Constitution. Prosecution for acts unrelated to the discharge of
his duties shall be postponed until the end of the presidential
term.
(2) Impeachment motions against the President of the Republic
shall be submitted to Parliament in writing signed by at least
one third of the members thereof, and must be accepted by a
decision taken by a two thirds majority of the total number of
the members thereof.
(3) If such motion be accepted, the President of the Republic
shall appear before the special court provided for
by Article 86, and the provisions relating thereto shall
apply also in this case.
(4) Following his impeachment, the President shall refrain from
exercising his duties and shall be replaced in accordance with
the provisions of Article 34. He shall resume again his
duties, if his term of office has not expired after he has been
acquitted by the court provided for by Article 86.
(5) A law to be passed by the plenum of Parliament shall
regulate questions relating to the implementation of the
provisions of this Article.
Article 50 [Enumerated Powers]
The President of the Republic shall have no powers other than
those explicitly assigned to him by the Constitution and by such
special laws as are consistent therewith.
Chapter I Election and Composition
Article 51 [Deputies, Right to Vote]
(1) The number of deputies shall be determined by law, but the
total number may not be less than two hundred or more than
three hundred.
(2) The deputies represent the Nation.
(3) The deputies shall be elected by direct, universal, and secret
ballot and by citizens having the right to vote as the law
provides.
(4) General elections shall be held simultaneously throughout
the State. A law may regulate matters relating to the exercise
of the right to vote by electors who are abroad.
(5) The exercise of the right to vote is obligatory. The law
shall determine in each case the exceptions and the penalties.
Article 52 [Free Expression of Popular Will]
The free and genuine expression of the popular will, being the
expression of popular sovereignty, shall be guaranteed by all
the functionaries of the State who shall be obliged to safeguard
the said popular sovereignty in every case. A law shall
determine the penalties for the violation of the aforegoing
provisions.
Article 53 [Parliamentary Term]
(1) Deputies shall be elected for four consecutive years starting
from the date of the general election. Upon the conclusion of
the parliamentary term, the holding of a general election within
thirty days and the convocation of the new Parliament in regular
session within a further thirty days from the date of the general
election shall be ordered by presidential decree countersigned
by the Cabinet.
(2) A Parliamentary seat which becomes vacant during the last
year of a Parliamentary term shall not be filled through a by-
election, when such an election is required by law, unless the
number of vacancies exceeds one fifth of the total number of
deputies.
(3) In the event of war, the Parliamentary term shall be
extended for the whole of the duration thereof. If Parliament
has been dissolved there shall be no general election until the
conclusion of the war and the Parliament already dissolved shall
be revived ipso jure.
Article 54 [Electoral Proceedings]
(1) The electoral system and electoral districts shall be
determined by law.
(2) The number of deputies of each electoral district shall be
determined by presidential decree on the basis of the population
lawfully residing therein as shown in the latest census.
(3) A part of Parliament comprising not more than one tenth of
the total number of deputies may be elected on the basis of the
whole realm being treated as one single constituency, and in
proportion to the total percentage of the vote of each party, as
the law provides.
Article 55 [Eligibility]
(1) In order to be elected deputy one must be a Greek citizen,
have the legal right to vote and have attained twenty-five years
of age by the day the election is held.
(2) Deputies deprived of any of the aforegoing qualifications
shall ipso jure forfeit the office of deputy.
Article 56 [Incompatibilities]
(1) Salaried civil functionaries and servants and officers of the
army and the security forces, employees of local authorities or
other bodies corporate of public law, mayors and presidents of
village communities, governors or chairmen of boards of
directors of bodies corporate of public law or public or
municipal enterprises, public notaries, registrars of mortgages
and transfers may not be nominated candidates, nor may they
be elected deputies, unless they resign before their nomination
as candidates. Such resignation shall take effect upon its
submission in writing.
(2) By exception, university professors shall not be subject to
the restrictions of the aforegoing paragraph. A law shall
regulate matters relating to the substitution thereof, and the
professors who shall be elected deputies shall be barred from
exercising the functions relating to their capacity as university
professors during the Parliamentary term.
(3) Salaried civil servants, officers on active duty, and officers
of the security forces, employees of bodies corporate of public
law, directors and employees of state or municipal enterprises
or institutions operating for the public benefit may not be
nominated candidates or elected in any district wherein they
served for more than three months during the last three years
before the election. The former secretaries general of
Ministries who held that position during the last four months of
the four-year Parliament term shall be subject to the same
restrictions. The said restrictions shall not apply on the
candidates for deputies elected on the basis of the whole
realm (State deputies) and the lower ranks of employees of the
central state agencies.
(4) Civil servants and members of the armed forces in general
who have undertaken in accordance with the law to remain in
the service for a specific term cannot be nominated as
candidates nor elected deputies during such term.
Article 57 [Incompatible Acts]
(1) The duties of deputy shall be incompatible with the
functions or the status of member of board of directors or
chairmen or director general or their substitute or employee of a
commercial firm or enterprise enjoying special privileges or
concessions or receiving a regular state subsidy by virtue of a
special law.
(2) Deputies coming under any of the aforegoing categories
must, within eight days of the time when their election becomes
final, declare their choice between the office of deputy and the
above-mentioned functions. Failing such declaration they shall
ipso jure forfeit the office of deputy.
(3) Deputies who assume any of the duties or functions which
are specified in this and the aforegoing article and are deemed
incompatible with being candidate or deputy shall forfeit ipso
jure their office.
(4) Deputies may not undertake procurement, research, or the
construction of works for the State, the organizations of local
authorities, or other bodies corporate of public law or public or
municipal enterprises, or farm state or municipal taxes, nor may
they lease real property owned by the aforegoing or accept
concessions of any kind on the said real property. Violation of
the aforegoing provisions shall result in forfeiture of the office
of deputy and the invalidity of the act which led to the said
violation. Such acts shall be null and void even when
performed by commercial companies or enterprises wherein the
duties of a director or administrative or legal advisor are
performed by a deputy or when a deputy is a partner therein.
(5) A special law shall provide for the mode of continuation,
assignment, or dissolution of agreements for the construction of
works and the research referred to in Paragraph (4) which have
been entered into by a deputy before his election.
Article 58 [Scrutiny]
The examination and verification of general election results,
against the validity of which objections may be raised regarding
either electoral irregularities during the conduct of the elections
or lack of qualifications, shall be referred to the Court which
shall be established under Article 100.
Article 59 [Oath]
(1) Before entering upon their duties the deputies shall take the
following oath in the House of Parliament in public session: "I
swear in the name of the Holy, Consubstantial, and Indivisible
Trinity to be loyal to the Motherland and the democratic form
of government, obey the Constitution and the laws and
discharge my duties conscientiously."
(2) Deputies of other religions or dogmas shall give the same
oath in the manner of their own religion or dogma.
(3) Deputies who enter upon their duties during the recess of
Parliament shall take the oath before a Department thereof
which is in session.
Article 60 [Rights of Deputies]
(1) Deputies shall enjoy the unrestricted right to vote and
express opinions according to their conscience.
(2) Deputies shall have the right to resign from the office of
deputy; such resignation shall take effect upon submitting a
written statement to the Speaker and shall be irrevocable.
Article 61 [Indemnity, Non-Persecution]
(1) Deputies shall not be persecuted or in any way questioned
on account of an opinion or vote given by them in the discharge
of their duties as deputies.
(2) Deputies may be prosecuted, with the leave of Parliament,
for malicious slander, according to law. The competent court
shall be the Appeal Court. Leave shall be deemed not granted
if Parliament does not decide within forty five days from the
day when the indictment was received by the Speaker. In the
event that leave be not granted or the fixed period expire, the
act shall be deemed unindicted. This paragraph shall be
applicable as from the next parliamentary term.
(3) Deputies shall not be questioned in relation to information
received or given by them in the discharge of their duties or in
relation to persons who entrusted them with such information or
to whom they provided the same.
Article 62 [Immunity]
During the parliamentary term no deputy shall be prosecuted,
arrested, imprisoned, or in any way restricted without the leave
of Parliament. Likewise, no deputy of Parliament which has
been dissolved shall be prosecuted for political crimes from the
dissolution of the said Parliament and until the declaration of
the deputies of the new Parliament. Leave shall be deemed not
given if Parliament should not decide within three months from
the day on which the application of the Public Prosecutor to
press charges be submitted to the Speaker. The fixed period of
three months shall be suspended during the recess of
Parliament. Leave shall not be required for crimes committed
in flagrante delicto.
Article 63 [Remuneration]
(1) Deputies shall receive compensation and an expense
allowance from the Public Treasury for the discharge of their
duties. The amounts to cover both the aforegoing shall be fixed
by a decision taken by the plenum of Parliament.
(2) Deputies shall be exempt from transportation, postal, and
telephone charges, the extent whereof shall be fixed by a
decision taken by the plenum of Parliament.
(3) If a deputy be absent for more than five meetings per month
without cause, one thirtieth of his monthly compensation shall
be deducted for each absence.
Article 64 [Ordinary Sessions]
(1) Parliament shall meet ipso jure on the first Monday of
October in regular session for the annual parliamentary work,
unless the President of the Republic should convoke the same
earlier under Article 40.
(2) The duration of the regular session shall be not less than
five months which shall not include the period of suspension
under Article 40.
(3) The regular session shall be obligatorily extended until the
passing of the budget under Article 79 or the passing of
the special law under the same article.
Article 65 [Regulations of Parliament]
(1) Parliament shall determine how it shall function in a free
and democratic manner laid down by its Regulations, which
shall be passed by the Plenum in accordance with Article
76 and published in the Government Gazette at the
instructions of the Speaker.
(2) Parliament shall elect its President (Speaker) and the other
members of the secretariat from its members according to the
regulations.
(3) The Speaker and the Vice-Presidents shall be elected at the
beginning of each Parliamentary term. This provision shall not
apply to the Speaker and Vice-Presidents elected for the current
first session of the Fifth Revisionary Parliament. Parliament
may, at the proposal of fifty deputies, censure the Speaker or a
member of the secretariat, which shall involve the termination
of their tenure of office.
(4) The Speaker shall direct Parliamentary work, secure the
unimpeded functioning thereof, safeguard the free expression of
opinion by the deputies, and maintain order; he shall have the
right to take against any unruly deputies disciplinary measures
which are laid down in the Regulations of Parliament.
(5) The Regulations may provide for the setting up of a
Parliamentary experts committee which would assist in the
legislative work of Parliament.
(6) The Regulations shall determine the organization of the
Parliamentary services, under the supervision of the Speaker.
The acts of the Speaker which relate to the appointment and
service conditions of Parliament personnel shall be subject to
appeal or petition for annulment before the Council of State.
Article 66 [Publicity]
(1) Parliament shall meet in public in the House of Parliament;
it may, however, meet in camera at the request of Government
or fifteen deputies, provided a decision to that effect is reached
in secret session by a majority; it shall then decide whether to
repeat the debate on the same subject in public session.
(2) Ministers and Deputy-Ministers shall have free access to the
meetings of Parliament and shall be given a hearing whenever
they ask for the floor.
(3) Parliament and Parliamentary Committees may require the
presence of Ministers and Deputy-Ministers who are competent
on the subjects under discussion. Parliamentary Committees
may summon, through the competent Minister, any such public
functionary whom they may consider useful for their work.
Article 67 [Quorum]
Parliament cannot make any decision without an absolute
majority of the members present, which under no circumstances
shall be less than one fourth of the total number of deputies. In
the case of an equally divided vote the voting shall be repeated
and if the vote be again equally divided, the motion shall be
rejected.
Article 68 [Committees]
(1) At the beginning of each regular session, Parliament shall
constitute Parliamentary committees the members whereof shall
be deputies, with a view to processing and examining the bills
and private members' bills which have been submitted and shall
come before the Plenum and the Departments of Parliament.
(2) Parliament shall constitute committees of enquiry, the
members whereof shall be deputies, by a majority of two fifths
of the total number of deputies and following a proposal made
by one fifth of the same number.
(3) The constitution of committees of enquiry on matters
relating to foreign policy or national defence shall require a
decision by Parliament taken by the absolute majority of the
total number of deputies. Matters relating to the composition
and functioning of the said committees shall be determined by
the Regulations of Parliament.
(4) The Parliamentary committees, the committees of enquiry,
and Departments of Parliament operating under Articles 70 and
71 shall be composed in proportion to the parliamentary
strength of each party, group, or independent deputies, as laid
down by the Regulations.
Article 69 [Reports to Parliament]
No one shall, without being summoned, appear before
Parliament to report on any matter either orally or in writing.
Petitions may be presented through a deputy or delivered to the
Speaker. Parliament shall have the right to forward petitions
addressed to it to the ministers and Deputy-Ministers who shall
be obliged, whenever it be demanded, to provide explanations.
Article 70 [Deliberations]
(1) Parliament shall carry out its legislative work in plenum.
(2) The Regulations of Parliament shall provide for the exercise
of legislative power, specified by the said Regulation, in
Departments which shall not be more than two and shall be
subject to the restrictions laid down in Article 72. The
composition and functioning of the Departments shall be
decided on each occasion by Parliament at the beginning of
each session, by the absolute majority of the total number of
deputies.
(3) The Regulations of Parliament shall also determine the
allocation of competence among Departments in terms of
Ministries.
(4) The constitutional provisions relating to Parliament shall
apply to Parliamentary work carried out in the plenum as well
as in the Departments, unless it be otherwise provided.
(5) The majority required for decisions taken by Departments of
Parliament shall not be less than two fifths of the deputies of
the Department.
(6) Parliamentary control shall be exercised by the plenum at
least twice every week, as the Regulations of Parliament
provide.
Article 71 [Recess]
During the recess of Parliament, the legislative work thereof,
save legislation which must be passed by the plenum in
accordance with provisions of Article 72 shall be carried
out by a Department of Parliament which shall be constituted
and operate in accordance with the provisions of Articles
68 (3) and 70.
Article 72 [Competences]
(1) The plenum shall discuss and vote upon the Regulations of
Parliament and draft bills and private members bills relating to
the election of deputies, matters specified in Articles 3,
13, 27, 28, and 36 (1), matters relating to
the exercise and protection of individual liberties, the operation
of political parties, the granting of authorization to legislate
under Article 43 (4), Ministerial responsibility, the state
of siege, the salary of the President of the Republic, the
authoritative interpretation of laws according to Article
77, and any other matter to come under the plenum by
virtue of a special provision of the Constitution or for the
regulation whereof a special majority is required. The plenum
shall also vote on the budget and the Annual Report of the State
and Parliament.
(2) The first reading, the article by article, and the final reading
and the voting upon all the bills or private members' bills may
be carried out by a Department of Parliament, in accordance
with the provisions of Article 70.
(3) The Department which shall vote on a draft bill or a private
members' bill shall also rule finally on its competence, and it
may refer any dispute to the plenum, by a decision taken by the
absolute majority of the total number of the members thereof.
The decision of the plenum shall be binding upon the
Departments.
(4) The Government may introduce bills of major importance to
the plenum instead of the Departments, to be discussed and
voted upon.
(5) The plenum may demand, following a decision taken by the
absolute majority of the total number of the members thereof,
that draft bills or private member's bills pending before a
Department be discussed by it and voted upon in the stages of
the first, article by article, and final reading.
Article 73 [Initiative]
(1) The right of proposing laws shall belong to Parliament and
the Government.
(2) Bills relating in any way to the granting of pensions and the
prerequisites thereof shall be submitted only by the Minister of
Finance following a recommendation by the Council of
Comptrollers. In the case of pensions involving an increase in
the budgetary expenditure of local authority bodies or other
bodies corporate of public law, the bills in question shall be
submitted by the competent Minister and the Minister of
Finance. Such bills on pensions must be specific, the insertion
of provisions regarding pensions in laws designed to settle other
matters being prohibited and resulting in the annulment of the
said bills.
(3) No bill, amendment, or addition shall be introduced for
discussion, if it has been proposed by Parliament, so long as it
entails the expenditure by or reduction in the revenue or
property of the State, local authority organizations or other
bodies corporate of public law for the payment of salaries or
pensions or for the benefit of an individual.
(4) Amendments or additions, however, proposed by leaders of
parties or representatives of groups in accordance with the
provisions of Article 74 (3) shall be accepted in the case of
bills relating to the organization of public services and public
bodies, the condition of service in general of civil servants,
military personnel and personnel of the local authorities or other
bodies corporate of public law and public enterprises in general.
(5) Bills whereby local or specific taxes or burdens of any kind
are levied in favor of organizations or bodies corporate of
public or civil law must be countersigned also by the Minsters
of Coordination and Finance.
Article 74 [Procedure of Introduction]
(1) All bills and private members' bills must be accompanied by
a report stating the reasons therefor and before they can be
introduced to Parliament, either the plenum or the departments,
they may be forwarded to the Council of State for processing or
to the experts committee under Article 65 (5) when this
committee be established, in accordance with the Regulations.
(2) The bills and private members' bills which have been
submitted to Parliament shall be referred to the relevant
Parliamentary Committee. After the Committee has submitted
its report thereon or the term set for this purpose has expired,
the bill shall be introduced to Parliament for discussion after
three days, unless the competent Minister has classified them as
urgent. The debate shall commence after an oral report thereon
has been given by the competent Minister and the rapporteurs
of the Committee.
(3) Amendments by deputies on bills an private members' bills
which fall within the competence of the plenum or the
Departments of Parliament shall not be introduced for
discussion unless they be submitted by the last day before the
debate and unless the Government consents to their being
discussed.
(4) No bill or private member's bill shall be introduced for
discussion if it aims at the amendment of a provision of a law,
unless it contains in the introductory report the text of the
provision to be amended in extenso and in the text of the bill or
private member's bill the new provision in extenso and as
amended.
(5) Bills and private members' bills which contain provisions
unrelated to the main object thereof shall not be introduced for
discussion. No addition or amendment shall be introduced for
discussion unless it be related directly to the main object of the
bill or private member's bill. In the case of doubt, the decision
rests with the Parliament.
(6) Once a month and on a day to be determined by the
Regulations, pending private members' bills shall be included in
the agenda according to priority and shall be discussed.
Article 75 [Bills Involving Budget Burden]
(1) All bills and private members' bills involving an increase in
budgetary expenditure, if submitted by Ministers, shall not be
introduced for discussion unless accompanied by a report by the
General Accounting Office determining the said increase; if
submitted by deputies, the bill, before any discussion, shall be
submitted to the General Accounting Office which shall be
obliged to submit its report within fifteen days; if by the end of
this time no such report has been submitted, the bill may be
introduced for discussion without a report.
(2) The same shall apply to amendments should the competent
Ministers request this, in which case the General Accounting
Office shall be obliged to submit its report within three days.
Upon the expiry of this term the discussion may take place
without a report.
(3) A bill involving expenditure or a reduction in budgetary
revenue shall not be introduced for discussion unless
accompanied by a special report on the manner of meeting the
expenditure or reduction in revenue, countersigned by the
competent Minister and the Minister of Finance.
Article 76 [Voting Proceedings]
(1) All bills and private members' bills brought before the
plenum and the Departments shall be discussed and voted upon
once in principle, then article by article, and finally as a whole.
(2) As an exception, bills and private members' bills shall be
discussed by the plenum twice at two different meetings
removed from each other by at least two days, in principle and
article by article during the first debate and article by article
and as a whole during the second debate, if one third of the
total number of deputies should request so before the
commencement of the discussion in principle.
(3) If amendments be accepted during the discussion, the vote
upon the bill as a whole shall be postponed for twenty-four
hours after the amended bill or private members' bill has been
distributed.
(4) Bills or private members' bills designated by the
Government as extremely urgent shall be introduced for voting
after a limited debate in which, in addition to relevant
rapporteurs, the Prime Minister or the competent Minister, the
leaders of the parties represented in Parliament, and one
representative of each one of the shall participate. The
regulations of Parliament may limit the duration of the speeches
and the debate.
(5) The Government amy request that a bill or private
member's bill of particular importance or urgency be discussed
in a limited number of meetings which cannot be more than
three. Parliament can extend the debate for two more meetings
following the proposal of one tenth of the total number of
deputies. The duration of each speech shall be determined by
the Regulations of Parliament.
(6) The voting of judicial or administrative codes compiled by
special committees established under special laws may be
effected in the plenum by special law ratifying the said codes as
a whole.
(7) The codification of existing provisions by simple
classification thereof or the re-enactment as a whole of repealed
laws, except for taxation laws, may be effected in the same
manner.
(8) Bills or private members' bills which have been rejected by
the plenum or by a Department shall not be introduced again
during the same session or to the Department which will be in
session after the termination thereof.
Article 77 [Authoritative Interpretation]
(1) The authoritative interpretation of the laws shall rest with
the legislator.
(2) Laws which are not in effect interpretative shall become
effective only after the publication thereof.
Article 78 [Tax Laws]
(1) No tax shall be imposed or collected without a law which
shall determine the subject of the tax, and the revenue, the kind
of property, the expenses and transactions or the categories
thereof to which the tax relates.
(2) Taxes or any other financial burdens cannot be imposed by
law with retroactive effect which extends beyond the financial
year previous to the one during which the tax shall be levied.
(3) As an exception, in the case of imposition or increase of an
import or export duty or an indirect tax, the collection thereof
shall be permitted as from the date of submission to Parliament
of the pertinent bill, upon condition that the law be published
within the time limits specified in Article 42 (1), and in
any case not later than ten days from the termination of the
session.
(4) The object of taxation, the rate of the tax, the exemptions
from taxation and other concessions and the awarding of
pensions cannot be made subject to delegated legislative
authority.
(5) The determination by law of the manner in which the
participation of the State and public bodies in general, in the
automatic revaluation of the adjoining privately owned real
property resulting exclusively from the construction of public
works, shall be assessed, does not contravene the aforegoing
prohibition.
Article 79 [Budget Law]
(1) In its annual ordinary session, Parliament shall vote the
budget of the State for the following year.
(2) All the revenues and expenditures of the State shall be
shown in the budget and in the report on the budget returns
submitted to it.
(3) The budget shall be brought before Parliament by the
Minister of Finance at least one month before the
commencement of the fiscal year, and shall be voted in the
manner determined by the Regulations of Parliament. The
Regulations shall safeguard the right of all the political grouping
in Parliament tot express their views ont he budget.
(4) If the administration of revenues and expenditures as the
budget provides should become impossible for any reason, such
administration shall be carried out on the basis of a special law
on each occasion.
(5) If the vote upon the budget or the special law as aforesaid
has become impossible owing to the termination of the
Parliamentary term, the force of the budget of the fiscal year
which has already or is about to terminate shall be extended for
four months by virtue of a decree published at the proposal of
the Cabinet.
(6) A law may introduce the drawing up of a budget for two
fiscal years.
(7) Within at the latest one year from the end of the fiscal year,
the report on the budget returns and the general financial
statement of the State shall be brought before Parliament; both
shall be examined by a special committee of deputies and the
voted by Parliament in the manner determined by the
Regulation of Parliament.f
(8) The plans for economic and social development shall be
approved by the plenum as the law provides.
Article 80 [Bills on Salaries, Pensions, and Currency]
(1) No salary, pension, grant, or remuneration shall either be
recorded in the budget of the State or granted unless provided
for by an organizational or other special law.
(2) A law shall provide for the minting of issuance of currency.
Chapter I Constitution and Duties of Government
Article 81 [Cabinet]
(1) The Government consists of the Cabinet which comprises
the Prime Minister and Ministers.
(2) No person who does not satisfy the requirements for holding
the office of deputy, according to Article 55, shall be
appointed member of the Government or Deputy Minister.
(3) All professional activities of the members of the
Government, the Deputy Ministers, and the Speaker shall be
suspended while they discharge their duties.
(4) A law may establish the incompatibility of the office of
Minister or Deputy Minister with other functions as well.
(5) In the absence of Deputy Prime Minister, the Prime
Minister shall, whenever the need arises, appoint a Minister his
substitute.
Article 82 [Prime Minister]
(1) The Government determines and directs the general policy
of the State, in accordance with the provisions of the
Constitution and the laws.
(2) The Prime Minister shall safeguard the unity of the
Government and direct the activity thereof and that of public
services in general with a view to implementing Government
policy within the framework of the law.
Article 83 [Ministers]
(1) Each Minister shall exercise the duties allotted to him by
law. Ministers without portfolio shall exercise whatever duties
they may be entrusted with by the Prime Minister.
(2) The Deputy Ministers shall carry out whatever duties they
may be entrusted with by a joint decision of the Prime Minister
and the competent Minister.
Article 84 [Confidence of Parliament]
(1) The Government must enjoy the confidence of Parliament.
The Government must ask for a vote of confidence from
Parliament within fifteen days from the swearing in of the
Prime Minister and may do so at any other time. If Parliament
should be in adjournment when the Government is formed,
Parliament shall be convened within fifteen days in order to
decide on the motion of confidence.
(2) Parliament may, by its decision, withdraw its confidence
from the Government or from a member of the Government. A
motion of no confidence in the Government may not be
submitted before the lapse of six months from the rejection by
Parliament of such a motion. The motion of no confidence
must be signed by at least one sixth of the deputies and must
contain in detail the topic to be discussed.
(3) By exception, a motion of no confidence may be submitted
before the lapse of the said six month period if it be signed by
the total number of deputies.
(4) The debate on the motion of confidence or no confidence
shall commence two days after the submission of the said
motion, unless the Government in the case of a motion of no
confidence should ask for the debate to be held immediately,
and may not be extended beyond three days from the
commencement thereof.
(5) The vote on the motion of confidence or no confidence shall
be taken immediately after the end of the debate; it may,
however, be postponed for forty-eight hours if the Government
should ask for such postponement.
(6) No motion of confidence shall be upheld unless it be
approved by the absolute majority of the deputies present,
which may not be less than two fifths of the total number
thereof. A motion of no confidence shall only be upheld if
approved by the absolute majority of the total number of
deputies.
(7) The Ministers and Deputy Ministers who are also deputies
shall be permitted to vote on such motions.
Article 85 [Responsibility]
The members of the Cabinet and the Deputy Ministers shall be
jointly responsible for the general policies of the Government,
and each one of them for the acts carried out by commission or
omission within his competence, in accordance with the
provisions of the laws relating to ministerial responsibility. No
written or oral instruction by the President of the Republic shall
absolve the Ministers and Deputy Ministers from their
responsibility.
Article 86 [Impeachment]
(1) Parliament shall have the right to impeach the present or
former members of the Government and Deputy Ministers, in
accordance with the laws on the responsibility of Ministers,
before the ad hoc tribunal presided over by the President of the
Supreme Court and composed of twelve judges chosen by lot by
the Speaker in public session from among all the members of
the Supreme Court and the Presidents of Courts of Appeal who
were appointed prior to the impeachment, in the manner
provided in detail by law.
(2) No prosecution against, no questioning or preliminary
questioning of the persons specified in Paragraph (1) for acts
carried out by commission or omission in the discharge of their
duties shall be permitted, before Parliament has decided on the
matter. If during an administrative enquiry, evidence which
may establish the liability of a member of the Government or
Deputy Minister under the law about Ministerial responsibility
should come to light, the persons conducting the enquiry should
forward the evidence to Parliament through the competent
public prosecutor after the conclusion of the said enquiry. Only
Parliament shall have the right to suspend penal proceedings.
(3) Should the impeachment procure against a Minister or
Deputy Minister be not concluded for any reason including
prescription, Parliament may, at the request of the accused
party and by a decision taken by it, constitute a special
committee consisting of deputies and high ranking judicial
functionaries, which shall examine the charges, in accordance
with the Regulations.
Chapter I Judicial Functionaries and Employees
Article 87 [Independence]
(1) Justice shall be administered by the courts which shall
consist of regular judges who shall enjoy personal and
functional independence.
(2) In the discharge of their duties, the judges shall be subject
only to the Constitution and the laws and under no
circumstances they shall be obliged to comply with legislation
enacted after the abolition of the Constitution.
(3) The regular judges shall be supervised only by their seniors
and the Prosecutor and Deputy Prosecutors of the Supreme
Court
Article 88 [Appointment and Guarantees of Independence]
(1) All judicial functionaries shall be appointed by presidential
decree, on the basis of a law determining their qualifications
and the procedure of selection; judicial functionaries shall be
appointed for life.
(2) The salaries of judicial functionaries shall be commensurate
with their status. Matters relating to the grading, salary scales,
and the general conditions pertaining thereto shall be
determined by special legislation.
(3) A law may provide for a training and probation period for
judicial functionaries prior to their regular appointment which
cannot exceed three years. During that period they may
discharge the duties of a regular judge, as the law provides.
(4) Judicial functionaries may not be dismissed without a prior
judicial decision either in consequence of criminal conviction,
or because of a grave disciplinary offence, or sickness or
physical incapacity or professional inadequacy, duly certified in
such manner as the law directs and in accordance with the
provisions of Article 93 (2) and (3).
(5) Judicial functionaries up to the rank of Appeal Court Judge
and Assistant Prosecutor in the Appeal Court and the ranks
equivalent thereto, shall mandatorily retire from service upon
attaining the age of sixty-five, and all judicial functionaries of
higher rank or equivalent thereto shall mandatorily retire from
service upon attaining the age of seventy years. For the
implementation of this provision the day of attainment of the
said age limit shall in every case be deemed the 30th of June of
the year in which the judicial functionary shall retire.
(6) The transfer of judicial functionaries from one judicial
branch to another shall be prohibited. By exception such
transfer of regular judges shall be permitted in order to fill up
one half of the positions of Assistant Prosecutor in the Supreme
Court, as well as transfers of assistant First Instance Court
judges to the position of assistant Appeal Court judges, at the
request of the judges transferred, as the law provides.
(7) The tribunals or committees specially provided for by the
Constitution and wherein members of the Council of State and
the Supreme Court participate, shall be presided over by the
senior judge.
Article 89 [Incompatibilities]
(1) Judicial functionaries shall not be permitted to render any
other services against remuneration nor to exercise any other
profession.
(2) By exception, judicial functionaries my be elected members
of the Academy or professors or lecturers of Universities and
may participate in special administrative tribunals and in
councils or committees, save the boards of directors of public
enterprises, and commercial companies.
(3) Judicial functionaries may also be charged with
administrative duties either in addition to the discharge of their
main duties or exclusively for a specified period of time, as the
law provides.
(4) Judicial functionaries shall not be permitted to participate in
Government.
(5) The establishment of a union of judicial functionaries shall
be permitted, as the law provides.
Article 90 [Change of Status]
(1) All judicial functionaries shall be promoted, appointed,
transferred from one judicial branch to another and from one
post to another, and detailed by presidential decree issued
following the concurring opinion of the Supreme Judicial
Council, which consists of the President of the relevant high
court and the members of the same court chosen by lot, among
those who have completed two years of service, as the law
provides. The Prosecutor of the Supreme Court shall be a
member of the Supreme Judicial Council of civil and penal
justice, and the Commissioner General of the State shall be a
member of the Council of Comptrollers.
(2) The council specified in Paragraph (1) shall include an
increased number of members, as the law provides, when it
decides on the appointments to the positions of counsellor to the
Council of State, member of the Supreme Court, Assistant
Prosecutor of the Supreme Court, president of the Appeal Court
Judges, prosecutor of the Appeal Court and counsellor to the
Council of Comptrollers. The provision of the last clause of
Paragraph (1) shall also apply in this case.
(3) If the Minister should disagree with a decision of the
Supreme Judicial Council, he may refer the said decision to the
plenum of the relevant High Court, as the law provides. The
right to appeal to the plenum shall also be given to the excepted
judicial functionary under the condition laid down by law.
(4) The decisions of the plenum on matters referred thereto and
the decisions of the Supreme Judicial Council to which the
Minister did not disagree shall be binding on the Minister.
(5) Promotion to the office of President and Vice-President of
the Council of State, the Supreme Court and the Council of
Comptrollers shall be effected by presidential decree, issued at
the proposal of the cabinet, from amongst the members of the
respective High Court, as the law provides. Promotion to the
office of Prosecutor of the Supreme Court shall be effected by a
similar decree from amongst the members of the Supreme Court
and the Assistant Prosecutors thereof.
(6) The acts or decisions taken under the provisions of
this article shall not be subject to appeal before the Council of
State.
Article 91 [Disciplinary Authority]
(1) Disciplinary authority over judicial functionaries from the
rank of member or assistant prosecutor of the Supreme Court
and the ranks equivalent and higher thereto, shall be exercised
by the Supreme Disciplinary Council, as the law directs.
Disciplinary actions shall be brought by the Minister of Justice.
(2) The Supreme Disciplinary Council shall consist of the
President of the Council of State as President, two Vice
Presidents or Counsellors of the same council, two Vice
Presidents of the Supreme Court or members thereof, two Vice
Presidents or members of the Council of Comptrollers and two
professors of the Law Faculty of the Universities of the
Country, as members. The members of the Council shall be
chosen by lot, amongst those who have completed at least three
years of service in the relevant high court or Law Faculty, and
in each case, the members of the court upon the action of a
member or prosecutor whereof the Council is called upon to
give judgement shall be excluded from the said council. In the
event of disciplinary action against members of the Council of
State , the Supreme Disciplinary Council shall be presided over
by the President of the Supreme Court.
(3) Disciplinary authority over the rest of the judicial
functionaries shall be exercised in the first and second instance
by councils consisting of regular judges, chosen by lot, as the
law provides. Disciplinary action may also be brought by the
Minister of Justice.
(4) Disciplinary decisions taken under the provisions of
this article shall not be subject to appeal before the Council of
State.
Article 92 [Clerks]
(1) The clerks of the Secretariat of all courts and Prosecutors'
offices shall be permanent. They can only be dismissed by a
court decision following a penal conviction or by a decision of
a judicial council following a grave disciplinary offence,
sickness, physical disability or professional inadequacy in the
manner laid down by the law.
(2) The qualifications of the secretariat clerks of all courts and
Prosecutors' offices and matters relating to their service
conditions shall be determined by law.
(3) Judicial clerks shall be promoted, transferred from one
judicial branch to another and from one post to another,
appointed and detailed following the concurring opinion of
judicial councils, and disciplinary authority thereon shall be
exercised by their superior judges or prosecutors and judicial
councils, according to the law. An appeal may be lodged
against decisions of the said councils relating to promotion or
disciplinary orders, as the law provides.
(4) Notaries public, registrars of mortgages and transfers and
directors of land registry offices shall hold their posts
permanently, if such services and posts be in existence. The
provisions of Paragraph (1) shall apply to them per analogia.
They shall retire upon attaining the age of seventy years.
(5) Notaries public and non-salaried registrars of mortgages and
transfers must retire upon attaining the age of seventy years,
and the rest upon attaining the age limit laid down by law.
Article 93 [Jurisdictions]
(1) The Courts are divided into administrative, civil, and penal
and shall be organized by virtue of special laws.
(2) The sessions of the courts of law shall be public, except
when the court decides that publicity would be detrimental to
good morals or that there are special reasons for which the
private or family life of the litigants must be protected.
(3) All court rulings shall be duly supported and shall be
pronounced in public session. The minority opinion must be
published. A law shall determine matters relating to the
entering of minority opinions in the minutes book, and the
terms and conditions for their publication.
(4) The courts must not apply laws the content whereof is
contrary to the Constitution.
Article 94 [Regular Administrative and Civil Jurisdiction]
(1) Administrative disputes relating to matters of substance shall
be resolved by the existing regular administrative courts. Those
of the above-mentioned disputes which have not yet been
referred to the said courts must come under their jurisdiction
within five years from the Constitution being put into effect; the
aforegoing time limit may be extended by law.
(2) Until the rest of administrative disputes relating to matters
of substance be brought before the regular administrative
courts, the said disputes shall continue under the jurisdiction of
civil courts, save those for which special administrative courts
have been established which observe the provisions of Article
93 (2)-(4).
(3) All private disputes shall fall within the jurisdiction of civil
courts, and also the cases of voluntary jurisdiction referred to
the said civil courts.
(4) Any other administrative jurisdiction which has been
determined by law may be the province of the civil or
administrative courts.
Article 95 [Council of State]
(1) The following shall be the main matters to come under the
jurisdiction of the Council of State:
a) The annulment, upon petition, of enforceable acts of the
administrative authorities on grounds of abuse of authority or
violation of the law.
b) The quashing, upon petition, of final decisions pronounced
by administrative courts on grounds of abuse of authority or
violation of the law.
c) The trial of administrative disputes relating to matters of
substance which have been submitted to it in accordance with
the Constitution.
d) The processing of all regulatory decrees.
e) Any other administrative competence which shall be awarded
to it by the Constitution or the laws.
(2) The provisions of Article 93 (2) and (3) shall not apply
on the exercise of the jurisdiction specified under clause d) of
the aforegoing paragraph.
(3) A law may refer the judging of certain categories of cases
falling under the competence of the Council of State to annul,
to regular administrative courts of a different instance; the
highest instance, however, shall always be the Council of State.
(4) The aforegoing jurisdiction of the Council of State shall be
regulated and exercised as the law provides.
(5) The Administration shall be obliged to comply with the
annulment decisions of the Council of State. Any member of
the Administration who shall violate such obligation shall be
held liable therefor.
Article 96 [Regular Penal Jurisdiction]
(1) The regular penal courts shall be responsible for the
punishment of crimes and the taking of all measures under the
penal laws.
(2) It shall be possible by law:
a) to entrust the authorities exercising police duties with the
trial of police offenses punishable by fine;
b) to entrust agrarian security authorities with the trial of
misdemeanors relating to farm lands and the private disputes
arising therefrom. In both the aforegoing cases the decisions
issued shall be subject to appeal which shall have suspensive
force, before the competent court.
(3) Special laws shall regulate matters relating to juvenile courts
to which the provisions of Article 93 (2) and 97 may
not be applied. Sentence in these courts my be pronounced in
camera.
(4) Special laws shall regulate matters relating to:
a) Court martials of the army, navy, and air force. Civilians
may not be brought under the jurisdiction of such courts
martial.
b) Prize courts.
(5) The courts specified in Subparagraph a) of the aforegoing
paragraph must comprise a majority of Military Justice Corps
members, who shall be covered by the guarantees of operational
and personal independence under Article 87 (1). The
provisions of Article 93 (2)-(4) shall apply on the sessions
and orders of the said courts. Matters relating to the
implementation of the provisions of this paragraph and the time
when they shall be brought into effect, shall be determined by
law.
Article 97 [Political Offenses]
(1) Criminal and political offenses shall be tried by mixed
courts, composed of a majority of regular judges and jurors, as
the law provides. Sentences pronounced by the said courts
shall be subject to the legal remedies which are specified by
law.
(2) Criminal and political offenses which, until this Constitution
comes into force, come under the jurisdiction of the Appeal
Courts by virtue of Constitutional acts, resolutions or special
laws, shall continue to be tried by the said courts, so long as
the law does not refer them to mixed courts. A law may place
other crimes as well under the jurisdiction of the same appeal
courts.
(3) Press offenses irrespective of degree shall fall within the
jurisdiction of the regular penal courts, as the law provides.
Article 98 [Council of Comptrollers]
(1) The following shall fall within the jurisdiction of the
Council of Comptrollers:
a) The control of the expenditure of the State and the local
authority bodies and other bodies corporate of public law which
shall be place under the control of the State by virtue of special
legislation.
b) The report of the budget returns and the general financial
statement of the State submitted to Parliament.
c) Advice on laws relating to pensions or recognition of
services for the granting of a right to pension in accordance
with Article 69 (2) and any other matters determined by
law.
d) The control of accounts of persons who owe monies to the
State and the local authority bodies and bodies corporate of
public law mentioned in Subparagraph a).
e) The trial of appeals on disputes relating to the granting of
pensions and the control of accounts in general.
f) The trial of cases relating to the liability of civil or military
servants and local authorities personnel for any loss sustained
by the State or the said bodies and resulting form dolus or
negligence.
(2) The aforegoing jurisdiction of the Council of Comptrollers
shall be regulated and exercised in accordance with provisions
of the law. The provisions of Article 93 (2) and (3) hereof
shall not apply in the cases of Subparagraphs a) to d) in the
aforegoing paragraph.
(3) The decisions of the Council of Comptrollers on the cases
of Paragraph (1) shall not be subject of the control of the
Council of State.
Article 99 [Wrongful Judgment]
(1) Suits of wrongful judgement instituted against judicial
functionaries shall be tried, as the law provides, by a special
tribunal composed of the President of the Council of State as
President and one Councillor of the Council o State, one
member of the Supreme Court, one Councillor of the Council
of Comptrollers, two full professors of law from the faculties of
Law of Greek Universities and two lawyers who are members
of the Supreme Disciplinary Council of lawyers, as members;
the aforegoing shall be chosen by lot.
(2) In each case, the member of the particular body or branch
of the judiciary upon whose action or omission on the part of
the functionaries thereof the tribunal is called upon to render
judgement, shall be excluded from the Special Tribunal. In the
case of suits of wrongful judgement instituted against members
of the Council of State or functionaries of the regular
administrative courts, the President of the said Special Tribunal
shall be President of the Supreme Court.
(3) No permission shall be required to institute a suit of
wrongful judgement.
Article 100 [Special Supreme Tribunal]
(1) A Special Supreme Tribunal shall be established, which
shall deal with the following matters:
a) The trial of appeals under Article 58.
b) the examination of the validity and the results of referenda
held under Article 44 (2).
c) The rendering of judgement in relation to incompatibilities or
the forfeiture of the office of deputy under Article 55 (2)
and 57.
d) The remedy of conflicts between the courts and
administrative authorities, or between the Council of State and
the regular administrative courts of the one part and of the other
part the civil or penal courts, or, finally, between the Council
of Comptrollers and the rest of the courts.
e) The clarification of the constitutional character or the
meaning of a provision of a formal law, in the event that
contrary decisions have been issued by the Council of State, the
Supreme Court or the Council of Comptrollers.
f) The clarification of the nature of provisions of international
law as generally accepted, in accordance with the provisions
of Article 28 (1).
(2) The tribunal mentioned in the aforegoing paragraph shall be
composed of the President of the Council of State as President,
and the President of the Supreme Court and the Council of
Comptrollers, four Councilors of the Council of State and four
members of the Supreme Court, chosen by lot every two years,
as members. President of the court shall be the President of the
Council of State or the President of the Supreme Court,
according to seniority. In the cases specified in Subparagraphs
d) and e) of the aforegoing paragraph, two professors of law of
the Law Faculty of Greek Universities, also chosen by lot, shall
be members of the said tribunal.
(3) A special law shall regulate matters relating to the
organization and function of the tribunal, the appointment,
substitution and compensation of the members thereof, and the
procedure of the said tribunal.
(4) the decisions of the said court shall be irrevocable. A law
provision which has been declared unconstitutional shall cease
to have any effect from the publication of the decision relating
thereto or from the time specified in the said decision.
Chapter I Organization of the Administration
Article 101 [Decentralization]
(1) The administration of the State shall be organized in
accordance with the system of decentralization.
(2) The administrative division of the Country shall be
formulated on the basis of geoeconomic, social, and
communications conditions.
(3) The regional state organs shall have general effective
jurisdiction on the matters relating to their region, and the
central services, in addition to the special jurisdiction, shall be
responsible for the general direction, coordination and control
of the regional organs, as the law provides.
Article 102 [Local Authorities]
(1) The administration and management of local matters shall
belong to the Local Authority bodies
(2) The local authority bodies shall be administratively
autonomous. The members of the Local Authority bodies shall
be elected by universal and secret ballot.
(3) A law may provide for voluntary or mandatory associations
of local authority bodies with a view to constructing works or
rendering services, which shall be administered by elected
representatives of every municipality or village community, in
proportion to the population thereof.
(4) A law may establish local authority bodies of second
degree, in whose administration elected representatives of the
local professional, scientific and cultural associations and the
state administration may participate, up to one third of the total
number of members.
(5) The State shall supervise the Local Authority bodies without
hindering their initiative of free activities. The disciplinary
sentences of suspension and dismissal from the office of elected
member of local authority bodies, shall be pronounced only
after the concurring opinion of a committee which shall
comprise a majority of regular judges, save those cases which
result in ipso jure dismissal.
(6) The State shall be concerned with the provision of adequate
means for the attainment of their aims of the local authority
bodies. A law shall regulate matters relating to the granting
and allocating among the said bodies of the taxes or fees
received by the State.
Article 103 [Public Servants]
(1) Public servants shall carry out the will of the State, serve
the people, and owe allegiance to the Constitution and loyalty to
the Motherland. Their qualifications and mode of appointment
shall be determined by law.
(2) No person shall be appointed civil servant to an organic post
not provided for by law, save those exceptions recognized by
special law in the case of unforeseen and urgent need, in which
case it shall be permitted to employ personnel for a specified
period of time on the basis of private contracts.
(3) Organic posts for special scientific and technical or ancillary
personnel may be filled by persons employed on the basis of
private contracts. A law shall determine the conditions for such
appointments and the special guarantees under which the thus
appointed personnel shall be placed.
(4) The regular civil servants who occupy organic posts shall be
permanent so long as the posts in question exist. The salary
scale of the said civil servants shall be that which is determined
by law and except for cases of retirement as a result of
attainment of the age limit or dismissal by virtue of a judicial
decision, they shall not be transferred without an advisory
opinion or lowered in rank or discharged without a special
decision of a council at least two thirds of the members whereof
must be permanent civil servants. Appeal against decisions of
the said council shall be permitted before the Council of State,
as the law provides.
(5) Exceptions from the provisions concerning permanence may
be introduced by law in the case of senior administrative
personnel occupying posts not included in the civil service
scale, persons directly appointed with the rank of ambassador,
the employees of the Household of the President of the
Republic, the office of the Prime Minister and the offices of
deputy Prime Ministers, ministers, deputy ministers.
(6) The provisions of the aforegoing paragraph shall also apply
to the employees of Parliament whose service conditions shall
be in all other respects governed by the Regulations of
Parliament, and to personnel of local authority bodies and other
bodies corporate of public law.
Article 104 [Incompatibilities, Restrictions]
(1) No person mentioned in the aforegoing article may be
appointed to more than one post in the civil service, or local
authority body or other body corporate of public law or public
enterprise or organization operating for the public benefit. By
exception, appointment to a second post may be permitted by
special law without any prejudice however to the provisions of
the following paragraph.
(2) The additional remuneration or any other emoluments of
civil servants according to the aforegoing article, may not
exceed in monthly total the regular monthly remuneration of
their organic posts.
(3) No previous permission of the administrative authorities
shall be required for the trial of civil servants, and employees
of local authority bodies or other bodies corporate of public
law.
Article 105 [Traditional Self-Government]
(1) The Athos Peninsula extending beyond Megali Vigla and
constituting the district of Mount Athos shall, in accordance
with its ancient privileged status, be a self-governing part of the
Greek State whose sovereignty thereon shall remain unaffected.
Spiritually, Mount Athos shall come under the direct
jurisdiction of the Oecumenical Patriarchate. All persons
residing therein shall acquire Greek nationality upon admission
as novices or monks without any further formality.
(2) Mount Athos shall, in accordance with its regime, be
governed by its twenty Holy Monasteries, among which the
entire peninsula is divided and its territory shall be exempt from
expropriation. The administration shall be exercised by
representatives of the Holy Monasteries who constitute the Holy
Community. No change whatsoever shall be permitted in the
administrative system or the number of monasteries of Mount
Athos, nor in their hierarchy and their position in regard to
their dependencies. The dwelling therein of heterodox or
schismatic persons shall be prohibited.
(3) The determination in detail of the Mount Athos regimes and
the manner of operation thereof is effected by the Constitutional
Charter of Mount Athos, which, with the co-operation of the
State representative, is drawn up and voted by the twenty Holy
Monasteries and ratified by the Oecumenical Patriarchate and
the Parliament of the Hellenes.
(4) The correct observance of the Mount Athos regimes shall,
in the spiritual sphere, be under the supreme supervision of the
Oecumenical Patriarchate and, in the administrative field, under
the supervision of the State which shall be exclusively
responsible for safeguarding public order and security.
(5) The aforegoing powers of the State shall be exercised
through a Governor whose rights and duties shall be determined
by law. A law shall also determine the judicial power exercised
by the monastic authorities and the Holy Community, as well as
the customs and taxation privileges of Mount Athos.
Article 106 [State and Economy]
(1) The State shall plan and co-ordinate economic activity in the
country in order to consolidate social peace and protect the
general interests with a view to achieving the development of
all the sectors of the national economy. It shall take the
necessary measure for the exploitation of the national resources
in the atmosphere and the sub-terranean and under-sea deposits
and for the promotion of regional development with special
emphasis on strengthening the economy of mountainous and
other areas and the islands.
(2) Private enterprise may not be exercised in any way
detrimental to liberty, human dignity
(3) Without prejudice to the protection afforded under Article
107 in relation to re-exporting foreign capital, a law may
regulate matters concerning the takeover of enterprises or the
compulsory participation therein by the State or other public
bodies, if the said enterprises are of monopolistic nature or of
vital importance to the development of national resources or
have as their main purpose the rendering of services to society
as a whole.
(4) The price for the takeover or the compulsory participation
by the State or other public bodies must be determined by the
courts and must be commensurate to the value of the enterprise
which is taken over or the value of the participation therein.
(5) Shareholders, partners, or owners of enterprises whose
control shall be taken over by the State or a state-controlled
body as a result of compulsory participation therein under
Paragraph (3), shall have the right to demand to sell their
holding, as the law provides.
(6) A law may determine the contribution to the State
expenditure by those who shall benefit from the construction of
utilities or works of overall significance for the economic
development of the country.
Article 107 [Foreign Investments]
(1) The laws of increased formal effect enacted before the 21st
April 1967 and relating to the protection of foreign capital,
shall retain their increased formal effect and apply on capital
imported in the future. The provisions of chapters A to D
of Section A of law 27/75 about "the tax on shipping, the
levying of contributions towards the development of merchant
shipping, the setting up of foreign shipping enterprises and the
regulation of matters relevant thereto" shall have the same
increased effect.
(2) A law to be issued once and for all and within three months
from the day when the Constitution comes into effect, shall lay
down the terms and condition and the procedure for the revision
or dissolution of all the approving administrative acts
irrespective of form or the agreements for the investment of
foreign capital made under legislative decree 2687/1953 from
21st April 1967 up to 23rd July 1974, save those relating to the
registration of ships flying the Greek flag.
Article 108 [Greeks Living Abroad]
The State shall be concerned with those Greeks who live abroad
and the maintenance of their links with the Motherland. It shall
also take measures for the education and the social and
professional advancement of the Greeks who are employed
abroad.
Article 109 [Protection of Wills]
(1) The alteration of the contents or conditions of a will,
codicil, or donations, so far as its provisions in favor of the
State or the public benefit are concerned, shall be prohibited.
(2) By exception, it shall be permitted to utilize the bequest or
donation for the purpose intended or any other purpose in the
area designated by the donor or the testator or in a larger area,
with a view to increasing the benefit therefrom, after a court
decision has certified that it has become impossible to carry out
the will of the testator or the donor for any reason, in whole or
for the greater part thereof, or if such will may be better
satisfied with the new utilization of the said bequest or
donation, as the law provides.
Article 110 [Limits and Proceedings]
(1) The provisions of the Constitution, save those which
determine the basis and the form of government as a
Parliamentary Republic with a President as Head of State and
those of Articles 2 (1), 4 (1), (4) and (7), 5 (1)
and (3), 13 (1) and 26 shall be subject to revision.
(2) The need to revise the Constitution shall be ascertained by a
decision of Parliament taken following a motion by at least fifty
deputies, approved by a majority of three fifths of the total
number of deputies in two votes separated from each other by
at least one month. The same decision shall determine in detail
the provisions to be revised.
(3) Once the revision has been decided upon by Parliament, the
following Parliament in its first session shall, with an absolute
majority of all the members thereof, decide on the provisions to
be revised.
(4) If the proposal for the revision of the Constitution be
approved by the majority of the total number of deputies but not
by the majority of three fifths specified in Paragraph (2), the
following Parliament in its first session may decide on the
provisions to be revised by a majority of three fifths of the total
number thereof.
(5) Every revised provision of the Constitution shall be
published in the Government Gazette within ten days from the
day it was approved by Parliament, and shall be put into effect
by a special Parliamentary resolution.
(6) The Constitution may not be revised before the lapse of a
five year period from the previous revision thereof.
Article 111 [General Provisions]
(1) Any provisions of law or regulatory administration acts
which are contrary to the Constitution shall be repealed upon
this Constitution coming into effect.
(2) Constitutional acts issued from 24 July 1974 and until the
convocation of the Fifth Revisionary Parliament, and the
Resolutions of the said Parliament shall remain enforce, even if
they contain provisions which are contrary to the Constitution.
It shall be permitted to amend or repeal such provisions by law.
The provision of Article 8 of the Third Constitutional act of
3/9/1974 relating to the retirement age of university professors
shall be repealed when this Constitution comes into effect.
(3) The following shall remain in force:
a) Article 2 of Presidential decree No. 700 of 9 Oct. 1974
relating to "the partial reapplication of Articles 5, 6, 8, 10, 12,
14, 95 and 97 and the lifting of the state of siege", and
b) legislative decree No. 167 of 16 November 1974 relating to
"the granting of the right to appeal against decisions of courts
martial." It shall be permitted to amend or repeal the
aforegoing by law.
(4) The Resolution of 16/29 April 1952 shall remain enforce for
six months after this Constitution has come into effect. It shall
be permitted within the above specified fixed term to amend,
supplement, or repeal by law the constitutional acts or
resolutions mentioned in Article 3 (1) of the said Resolution, to
retain the whole or part thereof even after the fixed term has
lapsed, provided that the amended, supplemented, or retained
enforce provisions be not contrary to this Constitution.
(5) Greeks who have been deprived of their citizenship in any
way before this Constitution comes into effect, shall recover the
same following the decision of special committees which shall
consist of judicial functionaries, as the law provides.
(6) The provision of Article 19 of legislative decree 3370/1955
relating to "the ratification of the Code of Greek Citizenship"
shall remain in force until it be repealed by law.
Article 112 [Prospective Laws]
(1) In the case of matters for the regulation whereof the
provisions of this Constitution explicitly provide for the
enactment of a law, the laws or the regulatory administrative
acts which shall be in force in each case when this Constitution
comes into effect shall remain in force until the respective laws
be issued, save those which are contrary to the provisions of the
Constitution.
(2) The provisions of Articles 109 (2) and 79 (8)
shall be applied, when the laws specially provided by each of
them come into effect; the said laws must be issued not later
than the end of 1976. Until the law provided by Article
109 (2) comes into effect, the constitutional and legal
regulation which shall be in force when the Constitution comes
into effect, shall continue to apply.
(3) In accordance with definition specified in the Constitutional
Act of 5th October 1974, which shall remain enforce, the
prohibition relating to the discharge of duties on the part of
professors who have been elected deputies during the whole of
the current Parliamentary term shall not cover the teaching,
research, writing, and scientific work carried out in the
laboratories and institutes of their departments; the said
professors shall be barred from participating in the
administration of their departments, the election of teaching
staff in general and the examination of students.
(4) The application of Article 16 (3) relating to the
compulsory attendance at school shall be completed by law
within five years from this Constitution coming into effect.
Article 113 [Regulations of Parliament]
The Regulations of Parliament, the resolutions relating thereto
and the laws relating to Parliamentary work shall remain
enforce until the new Regulations for Parliament come into
effect, save those which are contrary to the Constitution. In the
case of the Departments of Parliament which are covered
by Articles 70 and 71, the provisions of the last
Regulations for the Special Legislative Committee of Article 35
of the 1952 Constitution and in accordance with the detailed
provisions of Article 3 of section A of Resolution of
24/12/1974, shall apply as complementary. Until the new
Regulations of Parliament come into effect, the Committee
of Article 71 shall consist of sixty regular and thirty
alternate members selected by the Speaker from all the parties
and groupings in proportion to the numerical strength thereof.
If any objections should be raised about the provisions to be
applied in each case before the publication of the new
Regulations, the plenum of the Department of Parliament in
relation to the function whereof the matter shall have arisen,
shall decide.
Article 114 [President]
(1) The election of the first President of the Republic must be
effected not later than two months from the publication of the
Constitution in a special session of Parliament called by the
Speaker thereof at least five days in advance, in compliance
with the provisions of the Regulations of Parliament relating to
the Speaker. The elected President of the Republic shall enter
upon his duties after being sworn in and not later than five days
of his election. The law referred to in Article 49 (5) and
relating to the regulation of matters in connection with the
responsibility of the President of the Republic must be
published before 31 December 1975. Until the law referred to
in Article 33 (3) comes into effect, the matters specified
int he aforegoing paragraph shall be governed by the provisions
relating to the pro tempore President of the Republic.
(2) From the day when the Constitution comes into effect and
until the President of the Republic enters upon his duties, the
pro tempore President of the Republic shall exercise the powers
given to the President of the Republic by the Constitution,
under the restrictions contained in Article 2 of Section B of the
Resolution of the Fifth Revisionary Parliament of 24/12/1974.
Article 115 [Jurisdiction]
(1) Until the law provided for by Article 86 (1) be
issued, the existing provisions relating to the prosecution,
questioning, and judging, in accordance with Articles
49 (1) and 85, of acts carried out by commission
or omission, shall continue to apply.
(2) The law provided for by Article 100 must be issued
not later than one year after this Constitution comes into effect.
Until this law be issued and the Supreme Special Tribunal
constituted thereby beings operating:
a) The doubts referred to by Article 55 (2) and Article
57 must be settled by a decision of Parliament taken in
accordance with the provisions of the Regulations dealing with
personal questions.
b) The control of the validity and the results of referenda held
under Article 44 (2) and the hearing of appeals against
the results of general elections under Article 58 shall be
carried out by the Special Tribunal provided for by Article 73
of the 1952 Constitution and the procedure laid down by Article
116 et seq. of Presidential Decree 650/1974 shall apply.
c) The removal of conflicts referred to in Article
100 (1).
d) shall fall within the jurisdiction of the Conflicts Tribunal
provided for by Article 65 of the 1952 Constitution; the laws in
connection with the organization, functioning, and procedure
before the said Tribunal shall also remain in force.
(3) Until the law provided for by Article 99 comes into
effect, suits of wrongful judgment shall be tried under the
provisions of Article 100 of the 1952 Constitution by the court
specified by these provisions and in accordance with the
procedure which shall be in force when this Constitution be published.
(4) Until the law provided for by Article 87 (3) and until
the judicial and disciplinary councils under Articles 90 (1)
and (2) and 91 be established, the relevant provisions which
shall be in force when the Constitution comes into effect shall
remain in force. The laws relating to the aforegoing questions
must be issued not later than one year after this Constitution has
become effective.
(5) Until the laws referred to in Article 92 come into
effect, the provisions which shall be in force when the
Constitution becomes effective shall remain in force. The said
laws must be issued not later than one year after this
Constitution has come into effect.
(6) the special law referred to in Article 57 (5) must be
issued not later than six months after this Constitution has
become effective.
Article 116 [Articles 22, 44]
(1) Existing provisions which are contrary to Article
44 (2) shall remain in force until they be repealed by law
not later than 31 December 1982.
(2) Any deviation from the provisions of Article 4 (2)
shall be permitted on for adequate reasons in the cases specially
provided for by the law.
(3) Regulatory ministerial decisions and provisions of collective
agreements or arbitration awards in connection with incomes
which contravene the provisions of Article 22 (1) shall
remain in force until they be substituted; such substitution must
be effected not later than three years after this Constitution has
come into effect.
Article 117 [Old Laws]
(1) The laws which had been issued until 21 April 1967
under Article 104 of the 1952 Constitution are deemed not
contrary to this Constitution and shall remain in force.
(2) Article 17 notwithstanding, it shall be permitted to
effect the legal regulation and dissolution of such long term
tenancies and other quit-rent burdens as may still exist, the
buying off of full ownership by holders of emphyteutic
holdings, and the abolition and regulation of real relations of a
peculiar nature.
(3) Public or private forests or forest areas which have been or
will be destroyed by fire or otherwise deforested shall not be
divested for that reason of their status prior to their destruction,
and must be declared reforest areas, the use whereof for any
other purpose being prohibited.
(4) The expropriation of forests or forest areas which belong to
persons or bodies corporate of private law shall be permitted
only in favor of the State, in accordance with the provisions
of Article 17, and for reasons of public benefit; their
forestal character shall, in any case, remain unaltered.
(5) The expropriations which have already or will be declared
until the existing legislation relating thereto be adjusted to the
provisions hereof shall be governed by the laws in force at the
time of the declaration of the expropriation.
(6) Article 24 (3) and (5) shall apply on the housing
areas which are recognized as such or transformed from the
time when the laws provided for by the provisions of the
aforegoing paragraphs become effective.
Article 118 [Judicial Promotions]
(1) Senior judicial functionaries not in service when the
Constitutional act of 4/5 September 1974 "about the restoration
of order and harmony in the judicial branch" came into effect
and relegated by virtue of the said act and because of the time
when their promotion was effected and against whom no
disciplinary action was taken under Article 6 of the said act,
must be brought before the Supreme Disciplinary Council by
the competent Minister not later than three months after this
Constitution has become effective.
The Supreme Disciplinary Council shall decide whether the
conditions under which the person was promoted affect his
prestige and his particular position in the service, and shall also
rule finally on whether the person in question shall recover or
not the rank which had been ipso jure forfeited and the rights
relating thereto; no difference of salary or pension shall be paid
retroactively.
The said decision must be taken within three months.
The closest living relatives of the relegated and deceased judge
may exercise all the rights afforded to those tried before the
Supreme Disciplinary Council.
Article 119 [Annulment of Acts]
(1) A law may lift the bar on petitions for annulment of acts
issued from 21 April 1967 until 23 July 1974, irrespective of
the way it operated and whether such petition had been
submitted or not; the retroactive payment of monies due to
those whose petition may be upheld shall be prohibited.
(2) Those military or civil servants who shall be, by virtue of
law, ipso jure reinstated in their former public posts and have
already been elected deputies must state within eight days their
choice between the office of deputy and their public post.
Article 120 [Right to Resist]
(1) The Constitution passed by the Fifth Revisionary Greek
Parliament shall be signed by the Speaker and published in the
Government Gazette by the pro tempore President of the
Republic by decree countersigned by the cabinet and shall come
into effect on the eleventh of June 1975.
(2) Respect for the Constitution and the laws consonant thereto
and allegiance to the motherland and Democracy constitute the
fundamental obligation of all the Greeks.
(3) Usurpation in any way of national sovereignty and the
powers which are derived therefrom shall be punished upon the
restoration of the lawful authorities and the prescription of the
crime shall commence from that day.
(4) Observance of the Constitution shall be committed to the
patriotism of the Greeks who shall have the right and the
obligation to resist by any means anybody who tries to subvert
it violently.