[Adopted on June 11, 1975]
In the name of the Holy
and Consubstantial and Indivisible Trinity, the Fifth Constitutional
of Greece votes:chanroblesvirtuallawlibrary
Form of Government
(1) Greece is a
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,
are exercised in the manner determined by the Constitution.
(1) Respect for and
of human dignity constitute the primary obligation of the State.
(2) Greece, following the
generally accepted rules of international law, seeks consolidation of
and justice and fostering of friendly relations among Peoples and
(1) The prevailing
in Greece is that of the Eastern Orthodox Church of Christ. The
Church of Greece acknowledging as its head Our Lord Jesus Christ is
united in doctrine with the Great Church of Constantinople and every
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
of the Patriarchal Document of 29 June 1850 and the Synodal Deed of 4
(2) The religious status
prevailing in certain parts of the State is not contrary to the
of the foregoing paragraph.
(3) The text of the Holy
Scriptures shall be maintained unaltered. The official translation
into any other linguistic form, without the sanction of the
Church of Greece and the Great Church of Christ in Constantinople, is
(1) All Greeks are equal
(2) Greek men and Greek
women have equal rights and obligations.
(3) Greek citizens are
who possess the qualifications specified by the law. No one shall be
of his citizenship save in the case of persons assuming on their own
will another citizenship or joining a service in another country which
is contrary to the national interests, in accordance with the
and procedure laid down by the law in detail.
(4) Only Greek citizens
shall be eligible for public service save in those cases where
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
(7) Titles of nobility or
distinction shall neither be conferred upon, nor recognized in Greek
(1) Each person is
to develop his personality freely and participate in the social,
and political life of the country, provided that he does not encroach
the rights of others, the Constitution, or bona mores.
(2) All persons within the
Greek State enjoy full protection of their life, honor, and freedom,
of nationality, race, creed, or political allegiance. Exceptions shall
be permitted in such cases as are provided for by international law.
persecuted for acts carried out in defence of their freedom shall not
(3) Personal liberty is
inviolable. No person shall be prosecuted, arrested, imprisoned, or
restricted, save when and in the manner specified by law.
measures restricting free movement or freedom of residence in the
and the right of every Greek to leave or enter Greece shall be
Such measures may be taken in cases of extraordinary emergency and only
for the prevention of illegal acts, following the decision of a penal
as the law provides. In cases of utmost urgency, the ruling of the
may be issued after the administrative act has been taken, but not
than three days; if not the said administrative act shall be lifted ipso
(1) No person shall be
or imprisoned without a judicial warrant stating the reasons, which
be served upon him at the moment of arrest or imprisonment, pending
This provision does not apply to crimes committed in flagrante
(2) Any person taken in
the act or arrested on the basis of a warrant of arrest, shall be
before the competent examining magistrate within twenty-four hours of
time of arrest, at the latest, or, if the arrest was made outside the
of the examining magistrate, within the time which is absolutely
for his conveyance thereto. The examining magistrate must, within at
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
(3) Upon expiry of either
of these time limits without any such action having been taken, any
or any other person, whether civilian or military, in charge of the
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
the maximum term of imprisonment pending trial which cannot exceed one
year for felonies and six months for misdemeanors. In the event of
circumstances, the said maximum may be extended by six and three months
respectively, by a ruling of the competent judicial council.
(1) No offense shall
nor shall any punishment be imposed, unless a law determining the
has been in force prior to the commission of the act. Punishment can
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 offense against human dignity are prohibited and
shall be punished according to the law.
(3) General confiscation
is prohibited. The death penalty shall not be imposed for political
save for compound ones.
(4) The law specifies the
terms under which the State following a judicial decision shall
persons unjustly or illegally sentenced, or imprisoned pending trial,
otherwise deprived of their personal freedom.
No person shall be denied
right to his lawful judge without his consent. Judicial committees and
extraordinary courts under any name whatsoever, shall not be
(1) Each man's home is
A person's personal and family life is inviolable. No house searches
be made except when and as the law directs, and always in the presence
of representatives of the judicial authorities.
(2) Offenders against the
foregoing provision shall be punished for forced entry into a private
and abuse of power, and shall be obliged to indemnify in full the
party as the law provides.
(1) Each person has and
persons acting together have the right, adhering to the laws of the
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
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
must be complied with by the competent authority, if this be provided
(1) Greeks have the right
assemble peaceably and without arms as the law provides.
(2) The police may be
at public open air meetings only. Open air meetings may be prohibited
police decision stating the reasons, generally if danger to public
is imminent therefrom, and in the case of specific areas if the
of social and economic life is seriously threatened, as the law
(1) Greeks have the right
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
without a court decision.
(3) The provisions of the
foregoing paragraph also apply per anlogia to unions which do
constitute an association.
(4) Restrictions on the
right of association of civil servants may be imposed by law.
on the same right may also be imposed upon local government employees
those of other bodies corporate of public law, or public enterprises.
(5) Agricultural and urban
cooperation of any kind shall be self-governed in accordance with the
of the law or their by-laws and shall be placed under the protection
supervision of the State which shall be obliged to provide for the
(6) Law may establish
cooperatives which shall aim at achieving goals, relating to the common
good or the public interest or the joint exploitation of agricultural
or other material resources, safeguarding in every case equality of
of those participating therein.
(1) The freedom of
conscience is inviolable. The enjoyment of civil and individual rights
does not depend on the religious conviction of each individual.
(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.
(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
to the State, or refuse to comply with the laws.
(5) No oath shall be
without a law specifying the form thereof.
(1) Any person may express
propagate his opinion orally, in writing, or in print, with due
to the laws of the State.
(2) The press is free.
and all preventive measures are prohibited.
(3) The seizure of
and other printed matter, either before or after circulation, is
By exception, seizure after publication is permitted upon instruction
the Public Prosecutor because of:chanroblesvirtuallawlibrary
a) insult to the
and all other known religions,
b) insult to the person
of the President of the Republic,
c) a publication which
information relating to the composition, armament, and disposition of
armed forces or the fortifications of the country, or aims at violently
overthrowing the political system or is directed against the
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
must decide whether the seizure shall be maintained or withdrawn,
the seizure shall be lifted ipso jure. The publisher of the
newspaper or other printed matter and the Public Prosecutor are allowed
to appeal to the Appeal Court and the Supreme Court.
(1) The provisions on the
of the press contained in the foregoing article shall not be applied to
motion pictures, phonography, radio, television, and all other similar
means of transmitting speech of image.
(5) The law shall
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
of the profession of journalist by the person convicted, as provided by
law. Such suspension or prohibition shall commence from such time as
sentence becomes irrevocable.
(7) Press offenses shall
be deemed offenses in flagrante delicto and shall be judged by
courts as the law provides.
(8) The law determines
and qualifications for the practice of journalism.
(9) The law may lay down
that financing newspapers and periodicals be made known.
(2) Radio and television
are placed under the immediate supervision of the State and shall aim
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
function thereof and the cultural development of the country.
(1) Art and science,
and teaching are free and their development and promotion constitutes a
state obligation. Academic freedom and the freedom to teach do not
the duty to obey the Constitution.
(2) Education constitutes
a fundamental state objective and aims at the moral, intellectual,
and physical instruction of the Greeks, the development of national and
religious consciousness, and the formation of free and responsible
(3) The years of
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
outstanding students and those needing support or special protection
to their needs.
(5) University level
is provided exclusively by institutions which are bodies corporate of
law and fully self-governed. The said institutions are under the
of the State and entitled to financial support. They operate on the
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
level institutions may not be dismissed before the expiry of the term
their employment, as laid down by law, save under the essential
specified in Article 88 (4) and following the decision of a committee
a majority of high judicial functionaries, as the law provides.
(6) Professors of the
level education institutions are public functionaries. The rest of the
teaching staff thereof also holds public office, under the
laid down by the law. Matters relating to the status of all the
shall be determined by the Rules and Regulations of the respective
A law shall determine the age limit for the professors of university
institutions, and until such law be issued, the professors already
shall depart ipso jure upon expiry of the academic year in
they attain their sixty-seventh year.
(7) Vocational and any
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
of those who graduate from such schools.
(8) A law shall determine
the preconditions and the terms under which permits for the
and operation of private schools are issued and matters relating to the
supervision exercised thereover and the professional status of the
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
The State shall subsidize and control association of sports clubs of
kind, as the law provides. A law shall also determine the disposal of
subsidies provided, in accordance with the aims of the associations
shall receive the same.
(1) Property stands under
protection of the State; the rights, however, derived therefrom, may
be exercised in a manner detrimental to the public interest.
(2) No one shall be
of his property except for the public benefit, which shall be duly
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
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
of the expropriated property which may occur after the publication of
expropriation act and may only result therefrom, shall not be taken
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
such indemnification, to offer an appropriate guarantee in the manner
by law. Prior to the payment of either the final or the provisional
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
provisionally such indemnification, and in the case of petitions for
final determination thereof from the publication of the relevant court
order, otherwise the expropriation is lifted ipso jure. The
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
from the expropriated real property up to the time of payment of the
(6) In the case of
of utilities or works of more general significance for the national
a law may allow the expropriation in favor of the State of areas
beyond the ones strictly necessary for the construction of the works.
same law shall determine the preconditions and terms of such an
as well as the disposal or utilization of the additional expropriated
required for the works under construction, with a view to serving
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
or local authorities or utilities or public enterprises, it shall be
to dig underground tunnels up to the necessary depth and without the
of the necessary indemnification provided that the usual exploitation
the overlying real property be unimpeded.
Special Cases of
(1) Special laws shall
questions relating to the ownership and disposal of mines, quarries,
archaeological treasures, mineral waters, freely-flowing and
waters, and the subterranean natural resources in general.
(2) A law shall determine
questions relating to the ownership, exploitation, and administration
shoals and large lakes and those relating in general to the disposition
of the areas reclaimed through the draining thereof.
(3) Special laws shall
the questions relating to requisitioning for the need of the armed
in case of war or mobilization in order to meet urgent social needs
may endanger public order or health.
(4) The reallocation of
agricultural lands with a view to improving efficiency of their
and measures with a view to avoiding excessive fragmentation or
the regrouping of the fragmented small holdings shall be allowed and
in accordance with the procedure specified by special law.
(5) In addition to the
mentioned in the foregoing paragraph, a law may provide for any further
restriction on the free use and exploitation of property which may be
due to special circumstances. The law shall specify the obligor and the
procedure whereby the price of use and exploitation shall be paid to
person entitled thereto, which must correspond to the conditions
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
relating to the partial or full indemnification payable to the owners
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
of the Holy Monasteries of Stavropigiaka of Saint Anastasia, the
in Chalkidiki, the Monastery of Vlatades in Thessaloniki, and the
of John the Evangelist the Theologian in Patmos, shall be exempt from
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.
The privacy of
and any other form of communication is absolutely inviolable. The law
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
Recourse to Courts
(1) All citizens are
to lawful protection by the courts and may present their views in
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
act or measure which is taken against the rights or interests thereof.
(1) The institution of the
being the foundation of the preservation and improvement of the nation,
as well as marriage, motherhood, and childhood, shall be protected by
(2) Families with a large
number of children, war and peace invalids, war victims, widows, and
of persons killed in the war, and those suffering from mental or
illness shall be under special state care.
(3) The State shall be
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
be the subject of special care by the State.
Work and Social
(1) Work is a right and
be placed under the protection of the State, which shall take measures
with a view to creating conditions for full employment and for the
and material improvement of the working agricultural and urban
(2) The general conditions
of work shall be determined by law and supplemented by collective
arrived at by free collective bargaining and, in the event of their
failed, by the regulations fixed by arbitration.
(3) All forms of
labor shall be prohibited. Special laws shall determine matters
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
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
for the social security of the workers, as the law provides.
Unions & Right
(1) The State shall take
appropriate measures for the safeguarding of trade union freedom and
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
relating to their work in general. Any strike whatsoever by judicial
and members of the security forces is prohibited. The right to strike
placed under the limitation imposed by law in the case of civil
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
as a whole. The said limitations cannot be extended to include the
of the right to strike or impede the lawful exercise thereof.
(1) The protection of the
and cultural environment constitutes an obligation to the State. The
must take special preventive or repressive measures for the
thereof. A law shall regulate matters relating to the protection of
and forest areas in general. Any change in the land uses of public
or public forest areas shall be prohibited, unless the agricultural use
thereof or any other use be beneficial to the national economy or
by the national interests.
(2) The regional
of the country, the configuration, development, planning, and extension
of cities and housing areas in general shall be placed under the
competence of and control by the State with a view to achieving the
possible living conditions and enhancing the functionality and
of the said housing areas.
(3) The properties
in a given area shall compulsorily participate, without receiving any
form the local agencies, in making the necessary land available for the
construction of roads, squares, and communal units and spaces, and in
the cost of the construction of basic town planning works for public
as the law provides, with a view to recognizing the said area as
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
of flats not extending to the land underneath [horizontal property],
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
foregoing paragraphs shall apply to the rehabilitation of already
housing areas. The areas cleared as a result shall be used for the
as communal spaces or the construction of communal units or sold in
to cover the cost of the town redevelopment, as the law provides.
(6) Monuments and
sites shall be protected by the State. A law may determine the measures
necessary for such protection which may restrict the rights of the
therein, and the mode and kind of compensation payable to the said
(1) The right of human
as individuals and as members of the social body are guaranteed by the
State, all the functionaries whereof are obliged to safeguard the
(2) The recognition and
protection of the fundamental and inalienable rights of man by the
shall aim at achieving social progress in freedom and justice.
(3) Abuse of rights shall
(4) The State has the
to demand of all citizens that they perform the duty of social and
of the State
(1) The legislative power
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
(3) The judicial power
be exercised by the courts and their decisions shall be executed in the
name of the Greek People.
(1) No alteration in the
of the State shall be effected without a law passed by the absolute
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
the total number of deputies.
(1) The generally
rules of international law and the international conventions after
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
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
organizations by virtue of treaties or agreements with a view to
important national interests and promoting co-operation with other
A majority of three fifth of the total number of deputies shall be
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
by important national interests, if human rights and the foundations of
the democratic regime be not violated, and if this be effected on the
of the principle of equality and on condition of reciprocity.
(1) Greek citizens who are
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
(2) A law may regulate
relating to financial support given to political parties by the State
the publication of expenditure incurred by parties and candidates
(3) Activities of any kind
whatsoever in favor of political parties by judicial functionaries,
personnel in general and personnel of the security forces and civil
and the active support of the same by employees of bodies corporate of
public law, public enterprises, and local authorities shall be
The President of
Election of the
(1) The President of the
shall regulate the functions of the powers of the State. He shall be
by Parliament for a term of five years, according to the procedure
in Articles 32 and 33.
(2) The office of the
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.
Persons who have been
citizens for five years and through their father, have attained their
year, and are legally eligible to vote, can be elected to the office of
(1) The election of the
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
according to the relevant provisions of the Regulations. In the event
definitive inability to discharge his duties on the part of the
of the Republic, as specified in Article 34 (2), and in the event of
or demise or his having forfeited his office according to the
of the Constitution, the parliamentary meeting for the election of the
new President of the Republic shall be held within ten days from the
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
shall be elected President. In the event that such majority not be
voting shall be repeated after five days, and if again the said
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
within ten days from the said vote and elections for a new Parliament
be proclaimed. The relevant decree shall be signed by the incumbent
of the Republic, and if this be not possible by the Speaker who shall
him. The Parliament returned by the new elections shall proceed
after it has been constituted as a body with the election by open and
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
the absolute majority of the total number of deputies shall be elected
President. If even this majority be not attained, the vote shall be
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
(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
of Paragraph (4). If Parliament has been dissolved for any reason, the
election of the President shall be postponed until the new Parliament
constituted as a body and shall take place not later than twenty days
that day, in accordance with the provisions of Paragraph (3) and (4)
and Article 34 (1).
(6) If the procedure for
the election of the new President specified in the foregoing Paragraphs
should not concluded in time, the incumbent President of the Republic
remain and discharge his duties even after the expiry of his term until
the new President be elected.
(1) The elected President
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
(2) The President of the
Republic shall take the following oath before Parliament, and prior to
his taking office:chanroblesvirtuallawlibrary
"I swear in the name
of the Holy, Consubstantial, and Indivisible Trinity to observe the
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
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.cralaw.
(1) The Speaker shall act
pro tempore deputy of the President of the Republic when the latter has
been abroad for more than ten days, died, resigned, forfeited his
or became incapable of discharging his duties for any reason, and in
absence of Parliament the Speaker of the last Parliament, and in the
of his refusing to do or his being deceased, the said duties shall be
out by the Cabinet collectively. During the period when the
office is held by a deputy, the provisions relating to dissolution of
shall be suspended save the case of Article 32 (4), as well as the
relating to the dismissal of government and recourse to referendum in
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
thirty days, Parliament shall be compulsorily convened, even if the
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,
shall the election of a President be delayed more than six months from
the commencement of the substitution thereof on grounds of incapacity.
of the President
(1) No act of the
of the Republic shall be valid or executed unless countersigned by the
competent Minister who shall be rendered responsible only through his
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
(2) By exception, the
shall not be required only in the following cases:chanroblesvirtuallawlibrary
a) The appointment of
b) The exploratory
in accordance to Articles 37 (2), (3) and (4).
c) The dissolution of
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
53 (1), if the Cabinet does not countersign.
d) The vetoing of
private members' bills passed by Parliament according to Article 42 (3).
e)The appointment of
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
(1) The President of the
without any prejudice to the provisions of Article 35 (1) shall
the State in its urelations to other States, declare war, conclude
of peace, alliance, economic cooperation and participation in
organizations or unions, and announce the same to Parliament with the
clarifications, if the interests and security of the State so permit.
(2) Commercial treaties
and those relating to taxation, economic cooperation, and participation
in international organizations or unions, and such other treaties as
concessions in regard to which, under the provisions of this
nothing can be determined without a law, or which entail a burden on
as individuals, shall be invalid without the formal law which ratifies
(3) The secret articles
of a treaty shall under no circumstances subvert the published articles
(4) The ratification of
international treaties may not become the subject of legislation
under Article 43 (2) and (4).
(1) The President of the
shall appoint the Prime Minister and, at the recommendation of the
he shall also appoint the rest of the members of the Government and the
(2) The leader of the
which shall have the absolute majority in Parliament shall be appointed
Prime Minister. If there is not such party, the President of the
shall give the leader of the party which commands the relative majority
an exploratory mandate with a view to ascertain the possibility of
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
the leader of the second party an exploratory mandate. If even this
is without results, he shall give the leader of the third party an
mandate. Every mandate is given for a period of three days. If all
fail, the President of the Republic shall convene the leaders of all
and, if the impossibility of formation of government enjoying the
of Parliament is reconfirmed, then he shall try to achieve the
of a Government that shall proceed to elections. Should this fail, he
give to the President of the Council of the State or of the Supreme
or of the Council of Comptrollers the mandate of formation of a
enjoying the widest possible acceptance, in order to dissolve the
and proceed to elections.
(4) If a mandate is to be
given, in accordance to foregoing 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
must take place not later than three days after the strength of the
represented in Parliament has been announced to the President of the
by the Speaker.cralaw.
(1) The President of the
shall divest the Prime Minster of his duties when the latter has
and when the Government has been defeated in Parliament, in accordance
with the provisions of Article 84. In these cases, the provisions of
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,
provisions of Article 37 (3) shall apply.
(2) If the Prime Minister
resigns or dies, the President of the Republic shall appoint at this
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
vice president of the Cabinet or the first in rank Minister shall
the functions of Prime Minister.
Council of the
(1) The President of the
Republic shall convoke Parliament in ordinary session once a year
to the provisions of Article 64 (1), and in extraordinary session
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
Parliamentary session, either by postponing the opening or by
the continuance thereof.
(3) The suspension of
work shall not exceed thirty days, nor shall it be repeated during the
same Parliamentary session without the consent of Parliament.
(1) The President of the
may dissolve Parliament, if two Governments have resigned or defeated
the Parliament and its composition cannot achieve stability of
The elections shall be organized by the Government enjoying the
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
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
(3) The dissolution Decree
countersigned, in the case of the foregoing paragraph, by the Cabinet
at the same time comprise the proclamation of new elections within
days and the convocation of the new Parliament within another thirty
from the election.
(4) A Parliament elected
following the dissolution of the previous one may not be dissolved
the expiry of one year from the commencement of its work, save in the
of Article 37 (3) and of the Paragraph (1) of the present Article.
(5) The dissolution of
is obligatory in the case of Article 32 (4).
(1) The President of the
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 foregoing paragraph, send back to
a bill passed thereby, stating the reasons for his veto.
(2) A bill or private
bill vetoed by the President of the Republic shall be brought before
Plenary Session of Parliament, and should it be passed again by the
majority of the total number of deputies, according to the procedure
down by Article 76 (2), the President of the Republic shall issue and
such bill within ten days from the second passing thereof.
(1) The President of the
shall issue the decrees necessary for the execution of the laws, but he
shall under no circumstances suspend the operation of the laws nor
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
special matters or matters of local interest or technical or detailed
(4) Laws passed by the
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
to be followed and shall specify the time limit within which such
must be made use of.
(5) Matters which
to Article 72 (1) fall within the competence of the Plenum of
may not be the object of the authorization mentioned in the foregoing
(1) In extraordinary
of most urgent and unforeseen need, the President of the Republic may,
at the suggestion of the Cabinet, issue acts of legislative content.
acts shall be brought before Parliament for approval, in accordance
the provisions of Article 72 (1), within forty days from the day of
or within forty days from the commencement of a Parliamentary session.
If the said acts be not submitted to Parliament within the said time
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
in accordance to a proposition of the Cabinet, the President of the
shall proclaim by a decree referenda on national questions of crucial
After a decision taken by a three fifths majority of the total number
the members of the Parliament, following a proposition of the two
thereof, the President of the Republic shall proclaim by a decree
on bills passed by the Parliament regarding serious social issues, with
the exception of fiscal bills, in accordance to the Regulation of
and a law regulating the application of this Paragraph. The proposition
of more than one referendum on bills in the same Parliamentary Term is
(3) In most extraordinary
circumstances, after the conform opinion of Prime Minister,the
of the Republic may issue addresses to the people, which shall be
in the Government Gazette.
The President of the
shall be the commander-in-chief of the armed forces which shall be
by the Government as the law provides. He shall confer ranks upon those
serving therein, according to the law.
(1) The President of the
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
provisions of the pertinent law.
Pardon and Amnesty]
(1) The President of the
shall have the right, following a proposal by the Minister of Justice
having consulted the opinion of a council which contains a majority of
judges, to pardon, commute, alter, or reduce sentences pronounced by
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
(4) Amnesty in the cases
of common crimes may not be granted even by law.
State of Siege
(1) In case of a state of
or mobilization due to external dangers or of manifest threat to the
security, or in case of armed revolt against the Democratic regime, the
Parliament may, after proposition of the Cabinet, suspend throughout
country or in part thereof the operation of Articles 5 (4), 6, 8, 9,
12 (1)-(4), 14, 19, 22, 23, 96 (4), and 97 or some of these Articles
put into effect the law on "state of siege" as this law may apply on
occasion, and establish extraordinary tribunals. The President of the
issue the resolution of the Parliament. This resolution defines also
duration of the imposed measures, that can not be longer than fifteen
(2) If the Parliament is
in absence or it is not possible to convoke it in time, the measures of
the foregoing Paragraph shall be taken by presidential decree, after
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
(3) The duration of the
measures of the foregoing paragraphs can be extended beyond fifteen
only by decision of the Parliament, each time for a period of fifteen
The Parliament is convoked therefor even if its term has ended or if it
has been dissolved.
(4) The measures taken in
accordance to the foregoing paragraphs shall ipso jure be
after the termination of the war and, in any other case, after the
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
operation of the constitutional institutions. These acts shall be
before Parliament for approval within fifteen days from the day of
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
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
majority of the total number of deputies, whereas the decision in
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
has ended or if it has been dissolved.
(1) The President of the
shall not be held in any way responsible for the acts carried out in
discharge of his duties, save in the case of high treason or wilful
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
be accepted by a decision taken by a two thirds majority of the total
of the members thereof.
(3) If such motion be
the President of the Republic shall appear before the special court
for by Article 86, and the provisions relating thereto shall apply also
in this case.
(4) Following his
the President shall refrain from exercising his duties and shall be
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
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
of the provisions of this Article.
The President of the
shall have no powers other than those explicitly assigned to him by the
Constitution and by such special laws as are consistent therewith.
Deputies, Right to
(1) The number of deputies
be determined by law, but the total number may not be less than two
or more than three hundred.
(2) The deputies represent
(3) The deputies shall be
elected by direct, universal, and secret ballot and by citizens having
the right to vote as the law provides. The law cannot restrict the
to vote, save in cases of persons who have not attained the required
or on grounds of contractual incapacity or as a result of irrevocable
sentence for certain crimes.
(4) General elections
be held simultaneously throughout the State. A law may regulate matters
relating to the exercise of the right to vote by electors who are
(5) The exercise of the
right to vote is obligatory. The law shall determine in each case the
and the penalties.
Free Expression of
The free and genuine
of the popular will, being the expression of popular sovereignty, shall
be guaranteed by all the functionaries of the State who shall be
to safeguard the said popular sovereignty in every case. A law shall
the penalties for the violation of the foregoing provisions.
(1) Deputies shall be
for four consecutive years starting from the date of the general
Upon the conclusion of the parliamentary term, the holding of a general
election within thirty days and the convocation of the new Parliament
regular session within a further thirty days from the date of the
election shall be ordered by presidential decree countersigned by the
(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
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
until the conclusion of the war and the Parliament already dissolved
be revived ipso jure.
(1) The electoral system
electoral districts shall be determined by law.
(2) The number of deputies
of each electoral district shall be determined by presidential decree
the basis of the population lawfully residing therein as shown in the
(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.
(1) In order to be elected
one must be a Greek citizen, have the legal right to vote and have
twenty-five years of age by the day the election is held.
(2) Deputies deprived of
any of the foregoing qualifications shall ipso jure forfeit the
office of deputy.
(1) Salaried civil
and servants and officers of the army and the security forces,
of local authorities or other bodies corporate of public law, mayors
presidents of village communities, governors or chairmen of boards of
of bodies corporate of public law or public or municipal enterprises,
notaries, registrars of mortgages and transfers may not be nominated
nor may they be elected deputies, unless they resign before their
as candidates. Such resignation shall take effect upon its submission
(2) By exception,
professors shall not be subject to the restrictions of the foregoing
A law shall regulate matters relating to the substitution thereof, and
the professors who shall be elected deputies shall be barred from
the functions relating to their capacity as university professors
the Parliamentary term.
(3) Salaried civil
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
election. The former secretaries general of Ministries who held that
during the last four months of the four-year Parliament term shall be
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
(4) Civil servants and
of the armed forces in general who have undertaken in accordance with
law to remain in the service for a specific term cannot be nominated as
candidates nor elected deputies during such term.
(1) The duties of deputy
shall be incompatible with the functions or the status of member of
of directors or chairmen or director general or their substitute or
of a commercial firm or enterprise enjoying special privileges or
or receiving a regular state subsidy by virtue of a special law.
(2) Deputies coming under
any of the foregoing categories must, within eight days of the time
their election becomes final, declare their choice between the office
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
article and are deemed incompatible with being candidate or deputy
forfeit ipso jure their office.
(4) Deputies may not
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
nor may they lease real property owned by the foregoing or accept
of any kind on the said real property. Violation of the foregoing
shall result in forfeiture of the office of deputy and the invalidity
the act which led to the said violation. Such acts shall be null and
even when performed by commercial companies or enterprises wherein the
duties of a director or administrative or legal advisor are performed
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
for the construction of works and the research referred to in Paragraph
(4) which have been entered into by a deputy before his election.
The examination and
of general election results, against the validity of which objections
be raised regarding either electoral irregularities during the conduct
of the elections or lack of qualifications, shall be referred to the
which shall be established under Article 100.
Duties and Rights
(1) Before entering upon
duties the deputies shall take the following oath in the House of
in public session:chanroblesvirtuallawlibrary
"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
Rights of Deputies
(1) Deputies shall enjoy
unrestricted right to vote and express opinions according to their
(3) Deputies who enter
their duties during the recess of Parliament shall take the oath before
a Department thereof which is in session.
(2) Deputies shall have
the right to resign from the office of deputy; such resignation shall
effect upon submitting a written statement to the Speaker and shall be
(1) Deputies shall not be
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
with the leave of Parliament, for malicious slander, according to law.
The competent court shall be the Appeal Court. Leave shall be deemed
granted if Parliament does not decide within forty five days from the
when the indictment was received by the Speaker. In the event that
be not granted or the fixed period expire, the act shall be deemed
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.
During the parliamentary
no deputy shall be prosecuted, arrested, imprisoned, or in any way
without the leave of Parliament. Likewise, no deputy of Parliament
has been dissolved shall be prosecuted for political crimes from the
of the said Parliament and until the declaration of the deputies of the
new Parliament. Leave shall be deemed not given if Parliament should
decide within three months from the day on which the application of the
Public Prosecutor to press charges be submitted to the Speaker. The
period of three months shall be suspended during the recess of
Leave shall not be required for crimes committed in flagrante
(1) Deputies shall receive
and an expense allowance from the Public Treasury for the discharge of
their duties. The amounts to cover both the foregoing shall be fixed by
a decision taken by the plenum of Parliament.
(2) Deputies shall be
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
monthly compensation shall be deducted for each absence.
(1) Parliament shall meet ipso
jure on the first Monday of October in regular session for the
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
the period of suspension under Article 40.
(3) The regular session
shall be obligatorily extended until the passing of the budget under
79 or the passing of the special law under the same article.
(1) Parliament shall
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
76 and published in the Government Gazette at the instructions of the
(2) Parliament shall elect
its President (Speaker) and the other members of the secretariat from
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 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
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
which are laid down in the Regulations of Parliament.
(5) The Regulations may
provide for the setting up of a Parliamentary experts committee which
assist in the legislative work of Parliament.
(6) The Regulations shall
determine the organization of the Parliamentary services, under the
of the Speaker. The acts of the Speaker which relate to the appointment
and service conditions of Parliament personnel shall be subject to
or petition for annulment before the Council of State.
(1) Parliament shall meet
public in the House of Parliament; it may, however, meet in camera at
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
shall have free access to the meetings of Parliament and shall be given
a hearing whenever they ask for the floor.
(3) Parliament and
Committees may require the presence of Ministers and Deputy-Ministers
are competent on the subjects under discussion. Parliamentary
may summon, through the competent Minister, any such public functionary
whom they may consider useful for their work.
Parliament cannot make any
without an absolute majority of the members present, which under no
shall be less than one fourth of the total number of deputies. In the
of an equally divided vote the voting shall be repeated and if the vote
be again equally divided, the motion shall be rejected.
(1) At the beginning of
regular session, Parliament shall constitute Parliamentary committees
members whereof shall be deputies, with a view to processing and
the bills and private members' bills which have been submitted and
come before the Plenum and the Departments of Parliament.
(2) Parliament shall
committees of enquiry, the members whereof shall be deputies, by a
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
of the total number of deputies. Matters relating to the composition
functioning of the said committees shall be determined by the
(4) The Parliamentary
the committees of enquiry, and Departments of Parliament operating
Articles 70 and 71 shall be composed in proportion to the parliamentary
strength of each party, group, or independent deputies, as laid down by
No one shall, without
summoned, appear before Parliament to report on any matter either
or in writing. Petitions may be presented through a deputy or delivered
to the Speaker. Parliament shall have the right to forward petitions
to it to the ministers and Deputy-Ministers who shall be obliged,
it be demanded, to provide explanations.
(1) Parliament shall carry
its legislative work in plenum.
(2) The Regulations of
shall provide for the exercise of legislative power, specified by the
Regulation, in Departments which shall not be more than two and shall
subject to the restrictions laid down in Article 72. The composition
functioning of the Departments shall be decided on each occasion by
at the beginning of each session, by the absolute majority of the total
number of deputies.
(3) The Regulations of
shall also determine the allocation of competence among Departments in
terms of Ministries.
(4) The constitutional
relating to Parliament shall apply to Parliamentary work carried out in
the plenum as well as in the Departments, unless it be otherwise
(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
of Parliament provide.
During the recess of
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
in accordance with the provisions of Articles 68 (3) and 70.
(1) The plenum shall
and vote upon the Regulations of Parliament and draft bills and private
members bills relating to the election of deputies, matters specified
Articles 3, 13, 27, 28, and 36 (1), matters relating to the exercise
protection of individual liberties, the operation of political parties,
the granting of authorization to legislate under Article 43 (4),
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
provision of the Constitution or for the regulation whereof a special
is required. The plenum shall also vote on the budget and the Annual
of the State and Parliament.
(2) The first reading, the
article by article, and the final reading and the voting upon all the
or private members' bills may be carried out by a Department of
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
on its competence, and it may refer any dispute to the plenum, by a
taken by the absolute majority of the total number of the members
The decision of the plenum shall be binding upon the Departments.
(4) The Government may
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
before a Department be discussed by it and voted upon in the stages of
the first, article by article, and final reading.
(1) The right of proposing
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
in the budgetary expenditure of local authority bodies or other bodies
corporate of public law, the bills in question shall be submitted by
competent Minister and the Minister of Finance. Such bills on pensions
must be specific, the insertion of provisions regarding pensions in
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
or for the benefit of an individual.
(4) Amendments or
however, proposed by leaders of parties or representatives of groups in
accordance with the provisions of Article 74 (3) shall be accepted in
case of bills relating to the organization of public services and
bodies, the condition of service in general of civil servants, military
personnel and personnel of the local authorities or other bodies
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
or bodies corporate of public or civil law must be countersigned also
the Minsters of Coordination and Finance.
(1) All bills and private
bills must be accompanied by a report stating the reasons therefor and
before they can be introduced to Parliament, either the plenum or the
they may be forwarded to the Council of State for processing or to the
experts committee under Article 65 (5) when this committee be
in accordance with the Regulations.
(2) The bills and private
members' bills which have been submitted to Parliament shall be
to the relevant Parliamentary Committee. After the Committee has
its report thereon or the term set for this purpose has expired, the
shall be introduced to Parliament for discussion after three days,
the competent Minister has classified them as urgent. The debate shall
commence after an oral report thereon has been given by the competent
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
unless the Government consents to their being discussed.
(4) No bill or private
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
the bill or private member's bill the new provision in extenso
(5) Bills and private
bills which contain provisions unrelated to the main object thereof
not be introduced for discussion. No addition or amendment shall be
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'
shall be included in the agenda according to priority and shall be
(1) All bills and private
bills involving an increase in budgetary expenditure, if submitted by
shall not be introduced for discussion unless accompanied by a report
the General Accounting Office determining the said increase; if
by deputies, the bill, before any discussion, shall be submitted to the
General Accounting Office which shall be obliged to submit its report
fifteen days; if by the end of this time no such report has been
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
the General Accounting Office shall be obliged to submit its report
three days. Upon the expiry of this term the discussion may take place
without a report.
(3) A bill involving
or a reduction in budgetary revenue shall not be introduced for
unless accompanied by a special report on the manner of meeting the
or reduction in revenue, countersigned by the competent Minister and
Minister of Finance.
(1) All bills and private
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
different meetings removed from each other by at least two days, in
and article by article during the first debate and article by article
as a whole during the second debate, if one third of the total number
deputies should request so before the commencement of the discussion in
(3) If amendments be
during the discussion, the vote upon the bill as a whole shall be
for twenty-four hours after the amended bill or private members' bill
(4) Bills or private
bills designated by the Government as extremely urgent shall be
for voting after a limited debate in which, in addition to relevant
the Prime Minister or the competent Minister, the leaders of the
represented in Parliament, and one representative of each one of the
participate. The regulations of Parliament may limit the duration of
speeches and the debate.
(5) The Government amy
that a bill or private member's bill of particular importance or
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
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
as a whole of repealed laws, except for taxation laws, may be effected
in the same manner.
(8) Bills or private
bills which have been rejected by the plenum or by a Department shall
be introduced again during the same session or to the Department which
will be in session after the termination thereof.
(1) The authoritative
of the laws shall rest with the legislator.
(2) Laws which are not in
effect interpretative shall become effective only after the publication
Tax and Fiscal
(1) No tax shall be
or collected without a law which shall determine the subject of the
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
burdens cannot be imposed by law with retroactive effect which extends
beyond the financial year previous to the one during which the tax
(3) As an exception, in
the case of imposition or increase of an import or export duty or an
tax, the collection thereof shall be permitted as from the date of
to Parliament of the pertinent bill, upon condition that the law be
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
the rate of the tax, the exemptions from taxation and other concessions
and the awarding of pensions cannot be made subject to delegated
(5) The determination by
law of the manner in which the participation of the State and public
in general, in the automatic revaluation of the adjoining privately
real property resulting exclusively from the construction of public
shall be assessed, does not contravene the foregoing prohibition.
(1) In its annual ordinary
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
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
determined by the Regulations of Parliament. The Regulations shall
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
for any reason, such administration shall be carried out on the basis
a special law on each occasion.
(5) If the vote upon the
budget or the special law as aforesaid has become impossible owing to
termination of the Parliamentary term, the force of the budget of the
year which has already or is about to terminate shall be extended for
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
and the general financial statement of the State shall be brought
Parliament; both shall be examined by a special committee of deputies
the voted by Parliament in the manner determined by the Regulation of
(8) The plans for economic
and social development shall be approved by the plenum as the law
Bills on Salaries,
(1) No salary, pension,
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.
(1) The Government
of the Cabinet which comprises the Prime Minister and Ministers. The
shall determine matters referring to the composition and function of
Cabinet. A decree caused by the Prime Minister may appoint one or more
Ministers Vice-Chairmen of the Cabinet. A law shall determine matters
the positions of Ministers without portfolio, and Deputy Ministers who
may become members of the Cabinet and the position of the permanent
(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
(3) All professional
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
functions as well.
(5) In the absence of
Prime Minister, the Prime Minister shall, whenever the need arises,
a Minister his substitute.
(1) The Government
and directs the general policy of the State, in accordance with the
of the Constitution and the laws.
(2) The Prime Minister
safeguard the unity of the Government and direct the activity thereof
that of public services in general with a view to implementing
policy within the framework of the law.
(1) Each Minister shall
the duties allotted to him by law. Ministers without portfolio shall
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
of the Prime Minister and the competent Minister.
(1) The Government must
the confidence of Parliament. The Government must ask for a vote of
from Parliament within fifteen days from the swearing in of the Prime
and may do so at any other time. If Parliament should be in adjournment
when the Government is formed, Parliament shall be convened within
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
of such a motion. The motion of no confidence must be signed by at
one sixth of the deputies and must contain in detail the topic to be
(3) By exception, a motion
of no confidence may be submitted before the lapse of the said six
period if it be signed by the total number of deputies.
(4) The debate on the
of confidence or no confidence shall commence two days after the
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
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
Government should ask for such postponement.
(6) No motion of
shall be upheld unless it be approved by the absolute majority of the
present, which may not be less than two fifths of the total number
A motion of no confidence shall only be upheld if approved by the
majority of the total number of deputies.
(7) The Ministers and
Ministers who are also deputies shall be permitted to vote on such
The members of the Cabinet
the Deputy Ministers shall be jointly responsible for the general
of the Government, and each one of them for the acts carried out by
or omission within his competence, in accordance with the provisions of
the laws relating to ministerial responsibility. No written or oral
by the President of the Republic shall absolve the Ministers and Deputy
Ministers from their responsibility.
(1) Parliament shall have
right to impeach the present or former members of the Government and
Ministers, in accordance with the laws on the responsibility of
before the ad hoc tribunal presided over by the President of the
Court and composed of twelve judges chosen by lot by the Speaker in
session from among all the members of the Supreme Court and the
of Courts of Appeal who were appointed prior to the impeachment, in the
manner provided in detail by law.
(2) No prosecution
no questioning or preliminary questioning of the persons specified in
(1) for acts carried out by commission or omission in the discharge of
their duties shall be permitted, before Parliament has decided on the
If during an administrative enquiry, evidence which may establish the
of a member of the Government or Deputy Minister under the law about
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
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
party and by a decision taken by it, constitute a special committee
of deputies and high ranking judicial functionaries, which shall
the charges, in accordance with the Regulations.
(1) Justice shall be
by the courts which shall consist of regular judges who shall enjoy
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
legislation enacted after the abolition of the Constitution.
(3) The regular judges
be supervised only by their seniors and the Prosecutor and Deputy
of the Supreme Court; the public prosecutors shall be supervised by
seniors and the Supreme Court judges, as the law provides.
(1) All judicial
shall be appointed by presidential decree, on the basis of a law
their qualifications and the procedure of selection; judicial
shall be appointed for life.
(2) The salaries of
functionaries shall be commensurate with their status. Matters relating
to the grading, salary scales, and the general conditions pertaining
shall be determined by special legislation.
(3) A law may provide for
a training and probation period for judicial functionaries prior to
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
of criminal conviction, or because of a grave disciplinary offence, or
sickness or physical incapacity or professional inadequacy, duly
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
Court and the ranks equivalent thereto, shall mandatorily retire from
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
be deemed the 30th of June of the year in which the judicial
(6) The transfer of
functionaries from one judicial branch to another shall be prohibited.
By exception such transfer of regular judges shall be permitted in
to fill up one half of the positions of Assistant Prosecutor in the
Court, as well as transfers of assistant First Instance Court judges to
the position of assistant Appeal Court judges, at the request of the
transferred, as the law provides.
(7) The tribunals or
specially provided for by the Constitution and wherein members of the
of State and the Supreme Court participate, shall be presided over by
(1) Judicial functionaries
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
of Universities and may participate in special administrative tribunals
and in councils or committees, save the boards of directors of public
and commercial companies.
(3) Judicial functionaries
may also be charged with administrative duties either in addition to
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
Change of Status
(1) All judicial
shall be promoted, appointed, transferred from one judicial branch to
and from one post to another, and detailed by presidential decree
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
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
(2) The council specified
in Paragraph (1) shall include an increased number of members, as the
provides, when it decides on the appointments to the positions of
to the Council of State, member of the Supreme Court, Assistant
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
(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
Council to which the Minister did not disagree shall be binding on the
(5) Promotion to the
of President and Vice-President of the Council of State, the Supreme
and the Council of Comptrollers shall be effected by presidential
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
amongst the members of the Supreme Court and the Assistant Prosecutors
(6) The acts or decisions
taken under the provisions of this article shall not be subject to
before the Council of State.
(1) Disciplinary authority
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.
actions shall be brought by the Minister of Justice.
(2) The Supreme
Council shall consist of the President of the Council of State as
two Vice Presidents or Counsellors of the same council, two Vice
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
whereof the Council is called upon to give judgment shall be excluded
the said council. In the event of disciplinary action against members
the Council of State , the Supreme Disciplinary Council shall be
over by the President of the Supreme Court.
(3) Disciplinary authority
over the rest of the judicial functionaries shall be exercised in the
and second instance by councils consisting of regular judges, chosen by
lot, as the law provides. Disciplinary action may also be brought by
Minister of Justice.
(4) Disciplinary decisions
taken under the provisions of this article shall not be subject to
before the Council of State.
(1) The clerks of the
of all courts and Prosecutors' offices shall be permanent. They can
be dismissed by a court decision following a penal conviction or by a
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
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
post to another, appointed and detailed following the concurring
of judicial councils, and disciplinary authority thereon shall be
by their superior judges or prosecutors and judicial councils,
to the law. An appeal may be lodged against decisions of the said
relating to promotion or disciplinary orders, as the law provides.
(4) Notaries public,
of mortgages and transfers and directors of land registry offices shall
hold their posts permanently, if such services and posts be in
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
the age of seventy years, and the rest upon attaining the age limit
down by law.
of the Courts
(1) The Courts are divided
administrative, civil, and penal and shall be organized by virtue of
(2) The sessions of the
courts of law shall be public, except when the court decides that
would be detrimental to good morals or that there are special reasons
which the private or family life of the litigants must be protected.
(3) All court rulings
be duly supported and shall be pronounced in public session. The
opinion must be published. A law shall determine matters relating to
entering of minority opinions in the minutes book, and the terms and
for their publication.
(4) The courts must not
apply laws the content whereof is contrary to the Constitution.
and Civil Jurisdiction
relating to matters of substance shall be resolved by the existing
administrative courts. Those of the above-mentioned disputes which have
not yet been referred to the said courts must come under their
within five years from the Constitution being put into effect; the
time limit may be extended by law.
(2) Until the rest of
disputes relating to matters of substance be brought before the regular
administrative courts, the said disputes shall continue under the
of civil courts, save those for which special administrative courts
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
jurisdiction which has been determined by law may be the province of
civil or administrative courts.
Council of State
(1) The following shall be
main matters to come under the jurisdiction of the Council of State:chanroblesvirtuallawlibrary
a) The annulment, upon
of enforceable acts of the administrative authorities on grounds of
of authority or violation of the law.
b) The quashing, upon
of final decisions pronounced by administrative courts on grounds of
of authority or violation of the law.
c) The trial of
disputes relating to matters of substance which have been submitted to
it in accordance with the Constitution.
d) The processing of all
e) Any other
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
under clause (d) of the foregoing paragraph.
(1) The regular penal
shall be responsible for the punishment of crimes and the taking of all
measures under the penal laws.
(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
instance; the highest instance, however, shall always be the Council of
(4) The foregoing
of the Council of State shall be regulated and exercised as the law
(5) The Administration
be obliged to comply with the annulment decisions of the Council of
Any member of the Administration who shall violate such obligation
be held liable therefor.
(2) It shall be possible
a) to entrust the
exercising police duties with the trial of police offenses punishable
b) to entrust
authorities with the trial of misdemeanors relating to farm lands and
private disputes arising therefrom. In both the foregoing cases the
issued shall be subject to appeal which shall have suspensive force,
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
(4) Special laws shall
matters relating to:chanroblesvirtuallawlibrary
a) Court martials of the
army, navy, and air force. Civilians may not be brought under the
of such courts martial.
b) Prize courts.
(5) The courts specified in
Subparagraph a) of the foregoing 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
of Article 93 (2), (4) shall apply on the sessions and orders of the
courts. Matters relating to the implementation of the provisions of
paragraph and the time when they shall be brought into effect, shall be
determined by law.
(1) Criminal and political
shall be tried by mixed courts, composed of a majority of regular
and jurors, as the law provides. Sentences pronounced by the said
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
jurisdiction of the Appeal Courts by virtue of Constitutional acts,
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
as well under the jurisdiction of the same appeal courts.
(3) Press offenses
of degree shall fall within the jurisdiction of the regular penal
as the law provides.
(1) The following shall
within the jurisdiction of the Council of Comptrollers:chanroblesvirtuallawlibrary
a) The control of the
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
of special legislation.
b) The report of the
returns and the general financial statement of the State submitted to
c) Advice on laws
to pensions or recognition of services for the granting of a right to
in accordance with Article 69 (2) and any other matters determined by
d) The control of
of persons who owe monies to the State and the local authority bodies
bodies corporate of public law mentioned in Subparagraph a).
e) The trial of
disputes relating to the granting of pensions and the control of
f) The trial of cases
to the liability of civil or military servants and local authorities
for any loss sustained by the State or the said bodies and resulting
dolus or negligence.
(2) The foregoing jurisdiction
of the Council of Comptrollers shall be regulated and exercised in
with provisions of the law. The provisions of Article 93 (2) and (3)
shall not apply in the cases of Subparagraphs a) to d) in the foregoing
(1) Suits of wrongful
instituted against judicial functionaries shall be tried, as the law
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
Supreme Court, one Councillor of the Council of Comptrollers, two full
professors of law from the faculties of Law of Greek Universities and
lawyers who are members of the Supreme Disciplinary Council of lawyers,
as members; the foregoing shall be chosen by lot.
(3) The decisions of the
Council of Comptrollers on the cases of Paragraph (1) shall not be
of the control of the Council of State.
(2) In each case, the
of the particular body or branch of the judiciary upon whose action or
omission on the part of the functionaries thereof the tribunal is
upon to render judgment, shall be excluded from the Special Tribunal.
the case of suits of wrongful judgment instituted against members of
Council of State or functionaries of the regular administrative courts,
the President of the said Special Tribunal shall be President of the
(3) No permission shall
be required to institute a suit for wrongful judgment.
(1) A Special Supreme
shall be established, which shall deal with the following matters:chanroblesvirtuallawlibrary
a) The trial of appeals
under Article 58.
b) the examination of
validity and the results of referenda held under Article 44 (2).
c) The rendering of
in relation to incompatibilities or the forfeiture of the office of
under Article 55 (2) and 57.
d) The remedy of
between the courts and administrative authorities, or between the
of State and the regular administrative courts of the one part and of
other part the civil or penal courts, or, finally, between the Council
of Comptrollers and the rest of the courts.
e) The clarification
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
nature of provisions of international law as generally accepted, in
with the provisions of Article 28 (1).
(2) The tribunal mentioned in
the foregoing paragraph shall be composed of the President of the
of State as President, and the President of the Supreme Court and the
of Comptrollers, four Councilors of the Council of State and four
of the Supreme Court, chosen by lot every two years, as members.
of the court shall be the President of the Council of State or the
of the Supreme Court, according to seniority. In the cases specified in
Subparagraphs d) and e) of the foregoing paragraph, two professors of
of the Law Faculty of Greek Universities, also chosen by lot, shall be
members of the said tribunal.
(1) The administration of
State shall be organized in accordance with the system of
(3) A special law shall
regulate matters relating to the organization and function of the
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 legal provision which has been
unconstitutional shall cease to have any effect from the publication of
the decision relating thereto or from the time specified in the said
(2) The administrative
of the Country shall be formulated on the basis of geo-economic,
and communications conditions.
(3) The regional state
shall have general effective jurisdiction on the matters relating to
region, and the central services, in addition to the special
shall be responsible for the general direction, coordination and
of the regional organs, as the law provides.
(1) The administration and
of local matters shall belong to the Local Authority bodies, the lower
level whereof shall be the municipalities and the village communities.
The other levels shall be determined by law.
(2) The local authority
bodies shall be administratively autonomous. The members of the Local
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
to constructing works or rendering services, which shall be
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
representatives of the local professional, scientific and cultural
and the state administration may participate, up to one third of the
number of members.
(5) The State shall
the Local Authority bodies without hindering their initiative of free
The disciplinary sentences of suspension and dismissal from the office
of elected member of local authority bodies, shall be pronounced only
the concurring opinion of a committee which shall comprise a majority
regular judges, save those cases which result in ipso jure
(6) The State shall be
with the provision of adequate means for the attainment of their aims
the local authority bodies. A law shall regulate matters relating to
granting and allocating among the said bodies of the taxes or fees
by the State.
(1) Public servants shall
out the will of the State, serve the people, and owe allegiance to the
Constitution and loyalty to the Motherland. Their qualifications and
of appointment shall be determined by law.
(2) No person shall be
civil servant to an organic post not provided for by law, save those
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
of time on the basis of private contracts.
(3) Organic posts for
scientific and technical or ancillary personnel may be filled by
employed on the basis of private contracts. A law shall determine the
for such appointments and the special guarantees under which the thus
personnel shall be placed.
(4) The regular civil
who occupy organic posts shall be permanent so long as the posts in
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
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
of State, as the law provides.
(5) Exceptions from the
provisions concerning permanence may be introduced by law in the case
senior administrative personnel occupying posts not included in the
service scale, persons directly appointed with the rank of ambassador,
the employees of the Household of the President of the Republic, the
of the Prime Minister and the offices of deputy Prime Ministers,
(6) The provisions of the
foregoing paragraph shall also apply to the employees of Parliament
service conditions shall be in all other respects governed by the
of Parliament, and to personnel of local authority bodies and other
corporate of public law.
(1) No person mentioned in
foregoing article may be appointed to more than one post in the civil
or local authority body or other body corporate of public law or public
enterprise or organization operating for the public benefit. By
appointment to a second post may be permitted by special law without
prejudice however to the provisions of the following paragraph.
(2) The additional
or any other emoluments of civil servants according to the foregoing
may not exceed in monthly total the regular monthly remuneration of
(3) No previous permission
of the administrative authorities shall be required for the trial of
servants, and employees of local authority bodies or other bodies
of public law.
Regime of Mount
(1) The Athos Peninsula
beyond Megali Vigla and constituting the district of Mount Athos shall,
in accordance with its ancient privileged status, be a self-governing
of the Greek State whose sovereignty thereon shall remain unaffected.
Mount Athos shall come under the direct jurisdiction of the Oecumenical
Patriarchate. All persons residing therein shall acquire Greek
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
of the Holy Monasteries who constitute the Holy Community. No change
shall be permitted in the administrative system or the number of
of Mount Athos, nor in their hierarchy and their position in regard to
their dependencies. The dwelling therein of heterodox or schismatic
shall be prohibited.
(3) The determination in
detail of the Mount Athos regimes and the manner of operation thereof
effected by the Constitutional Charter of Mount Athos, which, with the
cooperation of the State representative, is drawn up and voted by the
Holy Monasteries and ratified by the Oecumenical Patriarchate and the
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
field, under the supervision of the State which shall be exclusively
for safeguarding public order and security.
(5) The foregoing powers
of the State shall be exercised through a Governor whose rights and
shall be determined by law. A law shall also determine the judicial
exercised by the monastic authorities and the Holy Community, as well
the customs and taxation privileges of Mount Athos.
State and Economy
(1) The State shall plan
co-ordinate economic activity in the country in order to consolidate
peace and protect the general interests with a view to achieving the
of all the sectors of the national economy. It shall take the necessary
measure for the exploitation of the national resources in the
and the sub-terranean and under-sea deposits and for the promotion of
development with special emphasis on strengthening the economy of
and other areas and the islands.
(2) Private enterprise may
not be exercised in any way detrimental to liberty, human dignity, and
the national economy.
(3) Without prejudice to
the protection afforded under Article 107 in relation to re-exporting
capital, a law may regulate matters concerning the takeover of
or the compulsory participation therein by the State or other public
if the said enterprises are of monopolistic nature or of vital
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
or the compulsory participation by the State or other public bodies
be determined by the courts and must be commensurate to the value of
enterprise which is taken over or the value of the participation
or owners of enterprises whose control shall be taken over by the State
or a state-controlled body as a result of compulsory participation
under Paragraph (3), shall have the right to demand to sell their
as the law provides.
(6) A law may determine
the contribution to the State expenditure by those who shall benefit
the construction of utilities or works of overall significance for the
economic development of the country.
(1) The laws of increased
effect enacted before the 21st April 1967 and relating to the
of foreign capital, shall retain their increased formal effect and
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
towards the development of merchant shipping, the setting up of foreign
shipping enterprises and the regulation of matters relevant thereto"
have the same increased effect.
(2) A law to be issued
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
for the revision or dissolution of all the approving administrative
irrespective of form or the agreements for the investment of foreign
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
The State shall be
with those Greeks who live abroad and the maintenance of their links
the Motherland. It shall also take measures for the education and the
and professional advancement of the Greeks who are employed abroad.
Protection of Wills
(1) The alteration of the
or conditions of a will, codicil, or donations, so far as its
in favor of the State or the public benefit are concerned, shall be
(2) By exception, it shall
be permitted to utilize the bequest or donation for the purpose
or any other purpose in the area designated by the donor or the
or in a larger area, with a view to increasing the benefit therefrom,
a court decision has certified that it has become impossible to carry
the will of the testator or the donor for any reason, in whole or for
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.
Revision of the
(1) The provisions of the
save those which determine the basis and the form of government as a
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
(2) The need to revise the
Constitution shall be ascertained by a decision of Parliament taken
a motion by at least fifty deputies, approved by a majority of three
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,
on the provisions to be revised.
(4) If the proposal for
the revision of the Constitution be approved by the majority of the
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
(5) Every revised
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
effect by a special Parliamentary resolution.
(6) The Constitution may
not be revised before the lapse of a five year period from the previous
(1) Any provisions of law
regulatory administration acts which are contrary to the Constitution
be repealed upon this Constitution coming into effect.
(2) Constitutional acts
issued from 24 July 1974 and until the convocation of the Fifth
Parliament, and the Resolutions of the said Parliament shall remain
even if they contain provisions which are contrary to the Constitution.
It shall be permitted to amend or repeal such provisions by law. The
of Article 8 of the Third Constitutional act of 3/9/1974 relating to
retirement age of university professors shall be repealed when this
comes into effect.
(3) The following shall
remain in force:chanroblesvirtuallawlibrary
a) Article 2 of
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
b) legislative decree
167 of 16 November 1974 relating to "the granting of the right to
against decisions of courts martial." It shall be permitted to amend or
repeal the foregoing 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
or resolutions mentioned in Article 3 (1) of the said Resolution, to
the whole or part thereof even after the fixed term has lapsed,
that the amended, supplemented, or retained enforce provisions be not
to this Constitution.
(1) In the case of matters
the regulation whereof the provisions of this Constitution explicitly
for the enactment of a law, the laws or the regulatory administrative
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.
(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
which shall consist of judicial functionaries, as the law provides.
(6) The provision of
19 of legislative decree 3370/1955 relating to "the ratification of the
Code of Greek Citizenship" shall remain in force until it be repealed
(2) The provisions of
109 (2) and 79 (8) shall be applied, when the laws specially provided
each of them come into effect; the said laws must be issued not later
the end of 1976. Until the law provided by Article 109 (2) comes into
the constitutional and legal regulation which shall be in force when
Constitution comes into effect, shall continue to apply.
(3) In accordance with
specified in the Constitutional Act of 5th October 1974, which shall
enforce, the prohibition relating to the discharge of duties on the
of professors who have been elected deputies during the whole of the
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
16 (3) relating to the compulsory attendance at school shall be
by law within five years from this Constitution coming into effect.
The Regulations of
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
Committee of Article 35 of the 1952 Constitution and in accordance with
the detailed provisions of Article 3 of section A of Resolution of
shall apply as complementary. Until the new Regulations of Parliament
into effect, the Committee of Article 71 shall consist of sixty regular
and thirty alternate members selected by the Speaker from all the
and groupings in proportion to the numerical strength thereof. If any
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
(1) The election of the
President of the Republic must be effected not later than two months
the publication of the Constitution in a special session of Parliament
called by the Speaker thereof at least five days in advance, in
with the provisions of the Regulations of Parliament relating to the
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
to in Article 49 (5) and relating to the regulation of matters in
with the responsibility of the President of the Republic must be
before 31 December 1975. Until the law referred to in Article 33 (3)
into effect, the matters specified int he foregoing paragraph shall be
governed by the provisions relating to the pro tempore
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
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.
(1) Until the law provided
by Article 86 (1) be issued, the existing provisions relating to the
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
comes into effect. Until this law be issued and the Supreme Special
constituted thereby beings operating:chanroblesvirtuallawlibrary
a) The doubts referred
by Article 55 (2) and Article 57 must be settled by a decision of
taken in accordance with the provisions of the Regulations dealing with
b) The control of the
and the results of referenda held under Article 44 (2) and the hearing
of appeals against the results of general elections under Article 58
be carried out by the Special Tribunal provided for by Article 73 of
1952 Constitution and the procedure laid down by Article 116 et seq. of
Presidential Decree 650/1974 shall apply.
c) The removal of
referred to in Article 100 (1).
d) shall fall within the
jurisdiction of the Conflicts Tribunal provided for by Article 65 of
1952 Constitution; the laws in connection with the organization,
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
under the provisions of Article 100 of the 1952 Constitution by the
specified by these provisions and in accordance with the procedure
shall be in force when this Constitution be published.
Articles 22 &
(1) Existing provisions
are contrary to Article 44 (2) shall remain in force until they be
by law not later than 31 December 1982.
(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
which shall be in force when the Constitution comes into effect shall
in force. The laws relating to the foregoing questions must be issued
later than one year after this Constitution has become effective.
(5) Until the laws
to in Article 92 come into effect, the provisions which shall be in
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
to in Article 57 (5) must be issued not later than six months after
Constitution has become effective.
(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
(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.
(1) The laws which had
issued until 21 April 1967 under Article 104 of the 1952 Constitution
deemed not contrary to this Constitution and shall remain in force.
(2) Article 17
it shall be permitted to effect the legal regulation and dissolution of
such long term tenancies and other quit-rent burdens as may still
the buying off of full ownership by holders of emphyteutic holdings,
the abolition and regulation of real relations of a peculiar nature.
(3) Public or private
or forest areas which have been or will be destroyed by fire or
deforested shall not be divested for that reason of their status prior
to their destruction, and must be declared reforest areas, the use
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
with the provisions of Article 17, and for reasons of public benefit;
forestal character shall, in any case, remain unaltered.
(5) The expropriations
have already or will be declared until the existing legislation
thereto be adjusted to the provisions hereof shall be governed by the
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
from the time when the laws provided for by the provisions of the
paragraphs become effective.
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
was taken under Article 6 of the said act, must be brought before the
Disciplinary Council by the competent Minister not later than three
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
and shall also rule finally on whether the person in question shall
or not the rank which had been ipso jure forfeited and the
relating thereto; no difference of salary or pension shall be paid
retroactively.chanrobles virtual law library
The said decision must be taken within three
months.chanrobles virtual law library
The closest living relatives of the relegated
and deceased judge may exercise all the rights afforded to those tried
before the Supreme Disciplinary Council.chanrobles virtual law library
Annulment of Acts
(1) A law may lift the bar
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
petition may be upheld shall be prohibited.
(2) Those military or
servants who shall be, by virtue of law, ipso jure reinstated
their former public posts and have already been elected deputies must
within eight days their choice between the office of deputy and their
Right to Resist
(1) The Constitution
by the Fifth Revisionary Greek Parliament shall be signed by the
and published in the Government Gazette by the pro tempore
of the Republic by decree countersigned by the cabinet and shall come
effect on the eleventh of June 1975.
(2) Respect for the
and the laws consonant thereto and allegiance to the motherland and
constitute the fundamental obligation of all the Greeks.
(3) Usurpation in any way
of national sovereignty and the powers which are derived therefrom
be punished upon the restoration of the lawful authorities and the
of the crime shall commence from that day.
(4) Observance of the
shall be committed to the patriotism of the Greeks who shall have the
and the obligation to resist by any means anybody who tries to subvert