CHAN ROBLES VIRTUAL LAW LIBRARY: CONSTITUTIONAL LAW OF GREECE

Constitutional Law of Greece [Adopted on June 11, 1975]

Preamble

In the name of the Holy and Consubstantial and Indivisible Trinity, the Fifth Constitutional Assembly of Greece votes:
Part I Fundamental Provisions Section I Form of Government Article 1 Parliamentary Democracy (1) Greece is a Parliamentary Democracy with a President as Head of State.

(2) Popular sovereignty is the foundation on which the form of government rests.

(3) All powers are derived from the People, exist for the benefit of the People and the Nation, and are exercised in the manner determined by the Constitution.
Article 2 Human Dignity (1) Respect for and protection of human dignity constitute the primary obligation of the State.

(2) Greece, following the generally accepted rules of international law, seeks consolidation of peace and justice and fostering of friendly relations among Peoples and States.
Section II Relations between church and state Article 3 Relations of Church and State
(1) The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece acknowledging as its head Our Lord Jesus Christ is indissolubly united in doctrine with the Great Church of Constantinople and every other Church of Christ of the same doctrine. It observes steadfastly, as they do, the holy apostolic and synodical canons and the holy tradition. It is autocephalous, exercising its sovereign rights independently of any other church, and is administered by the Holy Synod of Bishops and the Parliament Holy Synod which emanates from the former and is constituted in accordance with the Constitutional Chart of the Church and the provisions of the Patriarchal Document of 29 June 1850 and the Synodal Deed of 4 September 1928.

(2) The religious status prevailing in certain parts of the State is not contrary to the provisions of the foregoing paragraph.

(3) The text of the Holy Scriptures shall be maintained unaltered. The official translation thereof into any other linguistic form, without the sanction of the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited.
Part II Individual and Social Rights Article 4 Citizenship and Equality (1) All Greeks are equal before the law.

(2) Greek men and Greek women have equal rights and obligations.

(3) Greek citizens are those who possess the qualifications specified by the law. No one shall be deprived of his citizenship save in the case of persons assuming on their own free will another citizenship or joining a service in another country which is contrary to the national interests, in accordance with the conditions and procedure laid down by the law in detail.

(4) Only Greek citizens shall be eligible for public service save in those cases where exceptions are introduced by specific legislation.

(5) Greek citizens shall, without discrimination, contribute towards sharing the burden of public expenditure according to their ability.

(6) Every Greek able to bear arms shall be obliged to assist in the defence of the nation, as provided by law.

(7) Titles of nobility or distinction shall neither be conferred upon, nor recognized in Greek citizens.
Article 5 Freedom, Integrity
(1) Each person is entitled to develop his personality freely and participate in the social, economic, and political life of the country, provided that he does not encroach upon 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, irrespective of nationality, race, creed, or political allegiance. Exceptions shall be permitted in such cases as are provided for by international law. Aliens persecuted for acts carried out in defence of their freedom shall not be extradited.

(3) Personal liberty is inviolable. No person shall be prosecuted, arrested, imprisoned, or otherwise restricted, save when and in the manner specified by law.

(4) Individual administrative measures restricting free movement or freedom of residence in the country and the right of every Greek to leave or enter Greece shall be prohibited. Such measures may be taken in cases of extraordinary emergency and only for the prevention of illegal acts, following the decision of a penal court as the law provides. In cases of utmost urgency, the ruling of the court may be issued after the administrative act has been taken, but not later than three days; if not the said administrative act shall be lifted ipso jure.
Article 6 Arrest (1) No person shall be arrested or imprisoned without a judicial warrant stating the reasons, which must be served upon him at the moment of arrest or imprisonment, pending trial. This provision does not apply to crimes committed in flagrante delicto.

(2) Any person taken in the act or arrested on the basis of a warrant of arrest, shall be brought before the competent examining magistrate within twenty-four hours of the time of arrest, at the latest, or, if the arrest was made outside the seat of the examining magistrate, within the time which is absolutely necessary for his conveyance thereto. The examining magistrate must, within at the most three days of such appearance, either release such person or issue a warrant for his imprisonment. The time limit shall be extended for up to two days at the request of the person arrested or in the event of force majeure which shall be certified by a ruling of the competent judicial council.

(3) Upon expiry of either of these time limits without any such action having been taken, any warder or any other person, whether civilian or military, in charge of the detainee must release the same. Violators of these provisions shall be punished for illegal confinement and shall have to make good any loss sustained by the injured party and give satisfaction to the same for moral injury by such sum of money as the law provides.

(4) The law shall determine the maximum term of imprisonment pending trial which cannot exceed one year for felonies and six months for misdemeanors. In the event of extraordinary circumstances, the said maximum may be extended by six and three months respectively, by a ruling of the competent judicial council.
Article 7 Nullum Crimen Sine Lege (1) No offense shall exist, nor shall any punishment be imposed, unless a law determining the details has been in force prior to the commission of the act. Punishment can never be heavier than provided by the law in force when the act was committed.

(2) Torture and any kind of bodily ill-treatment, injury to health, or the use of psychological pressure or any other 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 crimes save for compound ones.

(4) The law specifies the terms under which the State following a judicial decision shall indemnify persons unjustly or illegally sentenced, or imprisoned pending trial, or otherwise deprived of their personal freedom.
Article 8 Natural Judge No person shall be denied the right to his lawful judge without his consent. Judicial committees and extraordinary courts under any name whatsoever, shall not be established.
Article 9 Inviolability of Home (1) Each man's home is inviolable. A person's personal and family life is inviolable. No house searches shall be made except when and as the law directs, and always in the presence of representatives of the judicial authorities.

(2) Offenders against the foregoing provision shall be punished for forced entry into a private house and abuse of power, and shall be obliged to indemnify in full the injured party as the law provides.
Article 10 Petition (1) Each person has and several persons acting together have the right, adhering to the laws of the State, to address written petitions to authorities, and said authorities must promptly react on the basis of the existing regulations and furnish in writing a reasoned answer to the petitioner in accordance with the law.

(2) Action for offenses possibly contained in the petition may be initiated against the petitioner only after the serving of the final decision by the authority to which the petition was addressed and with the permission thereof.

(3) Requests for information must be complied with by the competent authority, if this be provided by law.
Article 11 Assembly (1) Greeks have the right to assemble peaceably and without arms as the law provides.

(2) The police may be present at public open air meetings only. Open air meetings may be prohibited by police decision stating the reasons, generally if danger to public security is imminent therefrom, and in the case of specific areas if the disruption of social and economic life is seriously threatened, as the law provides.
Article 12 Association (1) Greeks have the right to establish non-profit unions and associations, observing the laws of the State which cannot, however, make the exercise of such right subject to previous permission by the Government.

(2) An association may not be dissolved for violating the laws or a fundamental provision of the by-laws without a court decision.

(3) The provisions of the foregoing paragraph also apply per anlogia to unions which do not constitute an association.

(4) Restrictions on the right of association of civil servants may be imposed by law. Restrictions on the same right may also be imposed upon local government employees or those of other bodies corporate of public law, or public enterprises.

(5) Agricultural and urban cooperation of any kind shall be self-governed in accordance with the provisions of the law or their by-laws and shall be placed under the protection and supervision of the State which shall be obliged to provide for the development thereof.

(6) Law may establish compulsory cooperatives which shall aim at achieving goals, relating to the common good or the public interest or the joint exploitation of agricultural areas or other material resources, safeguarding in every case equality of treatment of those participating therein.
Article 13 Religion (1) The freedom of religious conscience is inviolable. 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. Proselytizing is prohibited.

(3) The ministers of all religions are subject to the same obligations towards the State and to the same state supervision as the ministers of the established religion.

(4) No person shall, by reason of his religious convictions, be exempt from discharging his obligations to the State, or refuse to comply with the laws.

(5) No oath shall be imposed without a law specifying the form thereof.
Part II Individual and Social Rights Article 14 Freedom of Expression and Press (1) Any person may express and propagate his opinion orally, in writing, or in print, with due adherence to the laws of the State.

(2) The press is free. Censorship and all preventive measures are prohibited.

(3) The seizure of newspapers and other printed matter, either before or after circulation, is prohibited. By exception, seizure after publication is permitted upon instruction by the Public Prosecutor because of:

a) insult to the Christian and all other known religions,

b) insult to the person of the President of the Republic,

c) a publication which discloses information relating to the composition, armament, and disposition of the armed forces or the fortifications of the country, or aims at violently overthrowing the political system or is directed against the territorial integrity of the State,

d) obscene publications which manifestly offend public decency, in the cases specified by law.

(4) In all of these cases, the Public Prosecutor must, within twenty-four hours of the seizure, submit the case to the judicial council which, within a further twenty-four hours, must decide whether the seizure shall be maintained or withdrawn, otherwise the seizure shall be lifted ipso jure. The publisher of the seized newspaper or other printed matter and the Public Prosecutor are allowed to appeal to the Appeal Court and the Supreme Court.

(5) The law shall determine the manner rectifying in full through the press erroneous publications.

(6) After at least three convictions within a five year period for crimes specified in Paragraph (3) hereof, the court shall order the permanent or temporary suspension of issue of the publication and, in serious cases, prohibit the practice of the profession of journalist by the person convicted, as provided by law. Such suspension or prohibition shall commence from such time as the sentence becomes irrevocable.

(7) Press offenses shall be deemed offenses in flagrante delicto and shall be judged by the courts as the law provides.

(8) The law determines conditions and qualifications for the practice of journalism.

(9) The law may lay down that financing newspapers and periodicals be made known.
Article 15 Supervised Media (1) The provisions on the protection of the press contained in the foregoing article shall not be applied to motion pictures, phonography, radio, television, and all other similar means of transmitting speech of image.

(2) Radio and television are placed under the immediate supervision of the State and shall aim at the transmission of objective information and news under conditions of equality, as well as works of literature and art, safeguarding in every case such quality in the broadcasts as may become necessary by the social function thereof and the cultural development of the country.
Article 16 Education (1) Art and science, research, and teaching are free and their development and promotion constitutes a state obligation. Academic freedom and the freedom to teach do not override the duty to obey the Constitution.

(2) Education constitutes a fundamental state objective and aims at the moral, intellectual, professional, and physical instruction of the Greeks, the development of national and religious consciousness, and the formation of free and responsible citizens.

(3) The years of compulsory schooling may not be less than nine.

(4) All Greeks have the right to free education in the state schools at all levels. The State supports outstanding students and those needing support or special protection according to their needs.

(5) University level education is provided exclusively by institutions which are bodies corporate of public law and fully self-governed. The said institutions are under the supervision of the State and entitled to financial support. They operate on the basis of the laws relating to their organization. Merging or fragmentation of the university level institutions may take place despite any provision to the contrary, as the law determines. The professors of the university level institutions may not be dismissed before the expiry of the term of their employment, as laid down by law, save under the essential preconditions specified in Article 88 (4) and following the decision of a committee comprising a majority of high judicial functionaries, as the law provides.

(6) Professors of the university level education institutions are public functionaries. The rest of the teaching staff thereof also holds public office, under the preconditions laid down by the law. Matters relating to the status of all the aforementioned shall be determined by the Rules and Regulations of the respective institutions. A law shall determine the age limit for the professors of university level institutions, and until such law be issued, the professors already employed shall depart ipso jure upon expiry of the academic year in which they attain their sixty-seventh year.

(7) Vocational and any other special instruction is provided by the State through schools of higher status and for a period not exceeding three years, as is specially laid down by the law which also determines the rights pertaining to the occupation of those who graduate from such schools.

(8) A law shall determine the preconditions and the terms under which permits for the establishment and operation of private schools are issued and matters relating to the supervision exercised thereover and the professional status of the teaching staff thereof. The establishment of university level schools by private citizens is prohibited.

(9) Sport shall be under the protection of and shall be supervised at the highest level by the State. The State shall subsidize and control association of sports clubs of any kind, as the law provides. A law shall also determine the disposal of the subsidies provided, in accordance with the aims of the associations which shall receive the same.
Article 17 Property (1) Property stands under the protection of the State; the rights, however, derived therefrom, may not be exercised in a manner detrimental to the public interest.

(2) No one shall be deprived of his property except for the public benefit, which shall be duly ascertained, when and as the law directs and always after full indemnification. Such indemnification must be commensurate with the value of the expropriated property at the time of the court hearing for the temporary fixing of indemnification. In the case of direct petition for the final fixing of indemnification, the value of the property at the time of court hearing relating thereto shall be taken into consideration.

(3) Any change in the value of the expropriated property which may occur after the publication of the expropriation act and may only result therefrom, shall not be taken into account. A law may determine the contribution to the State expenditure by those who shall benefit from the construction of utilities or works of overall significance for the economic development of the country.

(4) The indemnification shall at all times be fixed by the civil courts, and may be determined provisionally by court, after a hearing or summoning of the beneficiary who may be obliged, at the discretion of the court and in order to receive such indemnification, to offer an appropriate guarantee in the manner determined by law. Prior to the payment of either the final or the provisional indemnification, all the rights of the proprietor shall be intact and the dispossession thereof shall be prohibited. The specified indemnification must be paid within one year and a half from the publication of the order determining provisionally such indemnification, and in the case of petitions for the final determination thereof from the publication of the relevant court order, otherwise the expropriation is lifted ipso jure. The indemnification as such shall not be subject to any tax, deduction, or charge.

(5) A law may determine the cases of compulsory compensation to beneficiaries for the lost revenue from the expropriated real property up to the time of payment of the indemnification.

(6) In the case of construction of utilities or works of more general significance for the national economy, a law may allow the expropriation in favor of the State of areas extending beyond the ones strictly necessary for the construction of the works. The same law shall determine the preconditions and terms of such an expropriation as well as the disposal or utilization of the additional expropriated property required for the works under construction, with a view to serving public purposes in general.

(7) A law may provide that in the case of construction of works which are obviously useful to the public and for the benefit of the State or bodies corporate of public law or local authorities or utilities or public enterprises, it shall be allowed to dig underground tunnels up to the necessary depth and without the payment of the necessary indemnification provided that the usual exploitation of the overlying real property be unimpeded.
Article 18 Special Cases of Property & Requisition (1) Special laws shall determine questions relating to the ownership and disposal of mines, quarries, caves, archaeological treasures, mineral waters, freely-flowing and subterranean waters, and the subterranean natural resources in general.

(2) A law shall determine questions relating to the ownership, exploitation, and administration of shoals and large lakes and those relating in general to the disposition of the areas reclaimed through the draining thereof.

(3) Special laws shall regulate the questions relating to requisitioning for the need of the armed forces in case of war or mobilization in order to meet urgent social needs which may endanger public order or health.

(4) The reallocation of agricultural lands with a view to improving efficiency of their cultivation and measures with a view to avoiding excessive fragmentation or facilitating the regrouping of the fragmented small holdings shall be allowed and effected in accordance with the procedure specified by special law.

(5) In addition to the cases mentioned in the foregoing paragraph, a law may provide for any further restriction on the free use and exploitation of property which may be necessary due to special circumstances. The law shall specify the obligor and the procedure whereby the price of use and exploitation shall be paid to the person entitled thereto, which must correspond to the conditions prevailing in each instance. Any measures remain in force without just cause, the Council of State at the request of any person having a lawful interest therein shall decide on the lifting thereof, according to the category whereunder the case falls.

(6) The law may determine the terms under which abandoned land can be disposed of with a view to the utilization thereof for the benefit of the national economy and the restitution of landless persons. The same law shall determine the question relating to the partial or full indemnification payable to the owners thereof should they reappear within a reasonable time limit.

(7) A law may establish compulsory joint ownership of adjoining real estate properties in urban areas provided that the separate development of them or of some of them is not compatible with the development requirements which are or may in the future be in force in the district in question.

(8) The agricultural property of the Holy Monasteries of Stavropigiaka of Saint Anastasia, the Pharmakolytria in Chalkidiki, the Monastery of Vlatades in Thessaloniki, and the Monastery of John the Evangelist the Theologian in Patmos, shall be exempt from expropriation; the provision does not apply to agricultural property situated outside the area of the monastery. Likewise, the property of the Patriarchates of Alexandria, Antiochia, and Jerusalem and that of the Holy Monastery of Sinai which is situated in Greece shall be exempt from expropriation.
Article 19 Secrecy of Correspondence The privacy of correspondence and any other form of communication is absolutely inviolable. The law shall determine the guarantees under which the judicial authority is released from the obligation to observe the abovementioned right, for reasons of national security or for the investigation of particularly serious crimes.
Article 20 Recourse to Courts (1) All citizens are entitled to lawful protection by the courts and may present their views in relation to their rights or interests, as laid down by the law.

(2) The same right of the interested party to a prior hearing is also applicable to any administrative act or measure which is taken against the rights or interests thereof.
Article 21 Family (1) The institution of the family, being the foundation of the preservation and improvement of the nation, as well as marriage, motherhood, and childhood, shall be protected by the State.

(2) Families with a large number of children, war and peace invalids, war victims, widows, and orphans of persons killed in the war, and those suffering from mental or physical illness shall be under special state care.

(3) The State shall be concerned with the health of the citizens and shall take special measures for the protection of youth, old age, cripples, and those who are destitute.

(4) The provision of homes to those who are homeless or live in inadequate housing conditions shall be the subject of special care by the State.
Article 22 Work and Social Security (1) Work is a right and shall be placed under the protection of the State, which shall take measures with a view to creating conditions for full employment and for the moral and material improvement of the working agricultural and urban population.

(2) The general conditions of work shall be determined by law and supplemented by collective agreements arrived at by free collective bargaining and, in the event of their having failed, by the regulations fixed by arbitration.

(3) All forms of compulsory labor shall be prohibited. Special laws shall determine matters relating to the forcible recruitment of personal services in the event of war or mobilization or for the benefit of the defence needs of the country or in the case of social emergency caused by a natural catastrophe or likely to endanger public health, and matters relating to the services offered to local authorities with a view to satisfying local needs.

(4) The State shall provide for the social security of the workers, as the law provides.
Article 23 Unions & Right to Strike (1) The State shall take the appropriate measures for the safeguarding of trade union freedom and the unimpeded exercise of the rights relating thereto against any violation thereof, within the limits of the law.

(2) The right to strike shall be exercised by the duly constituted trade unions with a view to preserving and promoting the economic interests of the workers and those relating to their work in general. Any strike whatsoever by judicial functionaries and members of the security forces is prohibited. The right to strike is placed under the limitation imposed by law in the case of civil servants, employees of local authorities, bodies corporate of public law, and the personnel of public enterprises of any kind or utilities, the operation whereof is of vital importance for the satisfaction of basic needs of society as a whole. The said limitations cannot be extended to include the abolition of the right to strike or impede the lawful exercise thereof.
Article 24 Environment (1) The protection of the physical and cultural environment constitutes an obligation to the State. The State must take special preventive or repressive measures for the conservation thereof. A law shall regulate matters relating to the protection of forests and forest areas in general. Any change in the land uses of public forests or public forest areas shall be prohibited, unless the agricultural use thereof or any other use be beneficial to the national economy or dictated by the national interests.

(2) The regional restructuring of the country, the configuration, development, planning, and extension of cities and housing areas in general shall be placed under the regulatory competence of and control by the State with a view to achieving the best possible living conditions and enhancing the functionality and development of the said housing areas.

(3) The properties contained in a given area shall compulsorily participate, without receiving any compensation form the local agencies, in making the necessary land available for the construction of roads, squares, and communal units and spaces, and in covering the cost of the construction of basic town planning works for public use, as the law provides, with a view to recognizing the said area as housing area and revitalizing the same.

(4) A law may provide for the participation by the property owners of a given area designated as residential in the overall development and planning on the basis of an approved plan, through an exchange of their real estate property in blocks of flats not extending to the land underneath [horizontal property], sited in the parts of the area which shall finally be designated as building land or structures in the said area.

(5) The provisions of the foregoing paragraphs shall apply to the rehabilitation of already existing housing areas. The areas cleared as a result shall be used for the creation as communal spaces or the construction of communal units or sold in order to cover the cost of the town redevelopment, as the law provides.

(6) Monuments and historical sites shall be protected by the State. A law may determine the measures necessary for such protection which may restrict the rights of the owners therein, and the mode and kind of compensation payable to the said owners.
Article 25 Protection of Fundamental Rights (1) The right of human beings as individuals and as members of the social body are guaranteed by the State, all the functionaries whereof are obliged to safeguard the unimpaired exercise thereof.

(2) The recognition and protection of the fundamental and inalienable rights of man by the State shall aim at achieving social progress in freedom and justice.

(3) Abuse of rights shall be prohibited.

(4) The State has the right to demand of all citizens that they perform the duty of social and national solidarity.
Part III Organization and Functions of the State Section I General Provisions Article 26 Legislative Power (1) The legislative power shall be exercised by Parliament and the President of the Republic.

(2) The executive power shall be exercised by the President of the Republic and by the government.

(3) The judicial power shall be exercised by the courts and their decisions shall be executed in the name of the Greek People.
Article 2 Boundaries (1) No alteration in the boundaries of the State shall be effected without a law passed by the absolute majority of the total number of deputies.

(2) No foreign army shall be admitted within the boundaries of the Greek State, nor shall remain therein or pass through without a law passed by the absolute majority of the total number of deputies.
Article 28 International Law (1) The generally recognized rules of international law and the international conventions after their ratification by law and their having been put into effect in accordance with their respective terms, shall constitute an integral part of Greek law and override any law provision to the contrary. The application of the rules of international law and international conventions in the case of aliens shall always be effected on condition of reciprocity.

(2) It shall be possible under the Constitution to recognize the competence of bodies of international organizations by virtue of treaties or agreements with a view to serving important national interests and promoting co-operation with other countries. A majority of three fifth of the total number of deputies shall be required for the passing of laws ratifying such treaties or agreements.

(3) Greece shall accept restrictions on the exercise of national sovereignty by laws passed by the absolute majority of the total number of deputies, if this be dictated by important national interests, if human rights and the foundations of the democratic regime be not violated, and if this be effected on the basis of the principle of equality and on condition of reciprocity.
Article 29 Political Parties (1) Greek citizens who are eligible to vote can freely establish and participate in political parties, the organization and activities whereof must serve the free functioning of the democratic political system. Citizens who have not yet acquired the right to vote can participate in the youth organizations of political parties.

(2) A law may regulate matters relating to financial support given to political parties by the State and the publication of expenditure incurred by parties and candidates during elections.

(3) Activities of any kind whatsoever in favor of political parties by judicial functionaries, military personnel in general and personnel of the security forces and civil servants, and the active support of the same by employees of bodies corporate of public law, public enterprises, and local authorities shall be absolutely prohibited.
Section II The President of the Republic Chapter I Election of the President Article 30 President (1) The President of the Republic shall regulate the functions of the powers of the State. He shall be elected by Parliament for a term of five years, according to the procedure specified in Articles 32 and 33.

(2) The office of the President shall be incompatible with any other office, position, or function.

(3) The Presidential term shall commence from the day when the President is sworn in.

(4) In the event of war, the Presidential term shall be extended until the termination thereof.

(5) The re-election of the same person shall be permitted only once.
Article 31 Eligibility Persons who have been Greek citizens for five years and through their father, have attained their fortieth year, and are legally eligible to vote, can be elected to the office of President.
Article 32 Election (1) The election of the President of the Republic by Parliament is effected by open and nominal ballot in a specially convened session, caused by the speaker, not later than one month before the expiry of the term of the incumbent President of the Republic according to the relevant provisions of the Regulations. In the event of definitive inability to discharge his duties on the part of the President of the Republic, as specified in Article 34 (2), and in the event of resignation or demise or his having forfeited his office according to the provisions of the Constitution, the parliamentary meeting for the election of the new President of the Republic shall be held within ten days from the premature expiry of the term of the previous President.

(2) The election of the President of the Republic shall in every case be for a full term.

(3) The person who shall receive a two-thirds majority of the total number of members of Parliament shall be elected President. In the event that such majority not be achieved, voting shall be repeated after five days, and if again the said majority be not attained, voting shall be repeated once more five days after the day of the second vote, and the person who shall receive three-fifth of the total number of votes shall be elected President of the Republic.

(4) If the said increased majority be not attained in the final vote, Parliament shall be dissolved within ten days from the said vote and elections for a new Parliament shall be proclaimed. The relevant decree shall be signed by the incumbent President of the Republic, and if this be not possible by the Speaker who shall replace him. The Parliament returned by the new elections shall proceed immediately after it has been constituted as a body with the election by open and nominal ballot of the President of the Republic with a three-fifths majority of the total number of deputies. If the said majority be not attained, the vote shall be repeated within five days and the person who shall receive the absolute majority of the total number of deputies shall be elected President. If even this majority be not attained, the vote shall be repeated once again and after five days between the two candidates who received the greater number of votes, and the one who shall receive the greater number of votes this time shall be deemed elected President of the Republic.

(5) If Parliament should not be in session, it shall be convoked in an extraordinary session in order to elect the President of the Republic in accordance with the provisions of Paragraph (4). If Parliament has been dissolved for any reason, the election of the President shall be postponed until the new Parliament be constituted as a body and shall take place not later than twenty days from that day, in accordance with the provisions of Paragraph (3) and (4) hereof and Article 34 (1).

(6) If the procedure for the election of the new President specified in the foregoing Paragraphs should not concluded in time, the incumbent President of the Republic shall remain and discharge his duties even after the expiry of his term until the new President be elected.
Article 33 Installation (1) The elected President of the Republic shall assume his duties on the day following expiry of the term of the outgoing President, and in all other cases on the day following his election.

(2) The President of the Republic shall take the following oath before Parliament, and prior to his taking office:

"I swear in the name of the Holy, Consubstantial, and Indivisible Trinity to observe the Constitution and the laws, to provide for the faithful observance thereof, to defend the national independence and territorial integrity of the country, to protect the rights and liberties of Greeks and to serve the public interest and the progress of the Greek People."

(3) A law shall determine the allowance payable to the President of the Republic and the operation of the services to be established for the discharge of his duties. Article 34 Replacement (1) The Speaker shall act as pro tempore deputy of the President of the Republic when the latter has been abroad for more than ten days, died, resigned, forfeited his office, or became incapable of discharging his duties for any reason, and in the absence of Parliament the Speaker of the last Parliament, and in the event of his refusing to do or his being deceased, the said duties shall be carried out by the Cabinet collectively. During the period when the Presidential office is held by a deputy, the provisions relating to dissolution of Parliament shall be suspended save the case of Article 32 (4), as well as the provisions relating to the dismissal of government and recourse to referendum in accordance with the provisions of Article 37 (4) and Article 44 (2).

(2) Should the incapacity of the President of the Republic to discharge his duties be extended beyond thirty days, Parliament shall be compulsorily convened, even if the same has been dissolved, in order to decide with a majority of three fifths of its members whether a new President should be elected. In no case, however, shall the election of a President be delayed more than six months from the commencement of the substitution thereof on grounds of incapacity.
Chapter II Powers and Responsibilities of the President Article 35 Countersignature (1) No act of the President of the Republic shall be valid or executed unless countersigned by the competent Minister who shall be rendered responsible only through his signature and after such act has been published in the Government Gazette. In the event of a government being dismissed, if the Prime Minister refuses to countersign the relevant decree, it can be signed by the President of the Republic alone.

(2) By exception, the counter-signature shall not be required only in the following cases:

a) The appointment of the Prime Minister.

b) The exploratory mandate, in accordance to Articles 37 (2), (3) and (4).

c) The dissolution of Parliament in accordance to Articles 32 (4) and 41 (1), if the Prime Minister does not countersign, as well as the dissolution in accordance to the Article 53 (1), if the Cabinet does not countersign.

d) The vetoing of bills or private members' bills passed by Parliament according to Article 42 (3).

e)The appointment of personnel to the departments of the Presidency of the Republic.

(3) The proclamation of a referendum on a bill, in accordance to Article 44 (2) is countersigned by the Speaker.
Article 36 International Representation (1) The President of the Republic without any prejudice to the provisions of Article 35 (1) shall represent the State in its urelations to other States, declare war, conclude treaties of peace, alliance, economic cooperation and participation in international organizations or unions, and announce the same to Parliament with the necessary clarifications, if the interests and security of the State so permit.

(2) Commercial treaties and those relating to taxation, economic cooperation, and participation in international organizations or unions, and such other treaties as contain concessions in regard to which, under the provisions of this Constitution, nothing can be determined without a law, or which entail a burden on Greeks as individuals, shall be invalid without the formal law which ratifies them.

(3) The secret articles of a treaty shall under no circumstances subvert the published articles thereof.

(4) The ratification of international treaties may not become the subject of legislation authorization under Article 43 (2) and (4).
Article 37 Appointment of Prime Minister (1) The President of the Republic shall appoint the Prime Minister and, at the recommendation of the latter, he shall also appoint the rest of the members of the Government and the Deputy Ministers.

(2) The leader of the party which shall have the absolute majority in Parliament shall be appointed Prime Minister. If there is not such party, the President of the Republic shall give the leader of the party which commands the relative majority an exploratory mandate with a view to ascertain the possibility of forming a government which shall enjoy the confidence of Parliament.

(3) If the formation of government is not thus attained, the President of the Republic shall give the leader of the second party an exploratory mandate. If even this mandate is without results, he shall give the leader of the third party an exploratory mandate. Every mandate is given for a period of three days. If all mandates fail, the President of the Republic shall convene the leaders of all parties and, if the impossibility of formation of government enjoying the confidence of Parliament is reconfirmed, then he shall try to achieve the formation of a Government that shall proceed to elections. Should this fail, he shall give to the President of the Council of the State or of the Supreme Court or of the Council of Comptrollers the mandate of formation of a Government, enjoying the widest possible acceptance, in order to dissolve the Parliament and proceed to elections.

(4) If a mandate is to be given, in accordance to 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 appointment must take place not later than three days after the strength of the parties represented in Parliament has been announced to the President of the Republic by the Speaker. Article 38 Cabinet's Dismissal (1) The President of the Republic shall divest the Prime Minster of his duties when the latter has resigned and when the Government has been defeated in Parliament, in accordance with the provisions of Article 84. In these cases, the provisions of Article 37 (2), (3) and (4) shall apply. If the Prime Minister who has resigned is the leader of a party having the absolute majority in Parliament, the provisions of Article 37 (3) shall apply.

(2) If the Prime Minister resigns or dies, the President of the Republic shall appoint at this post the person proposed by the deputies of its party, in a period no longer than three days. Till the appointment of the new Prime Minister, the first vice president of the Cabinet or the first in rank Minister shall assume the functions of Prime Minister.
Article 39 Council of the Republic Article 40 Convocation of Parliament
(1) The President of the Republic shall convoke Parliament in ordinary session once a year according to the provisions of Article 64 (1), and in extraordinary session whenever he deems it reasonable; he shall open and close each Parliamentary term in person or through the Prime Minister.

(2) The President of the Republic shall have the right, only once, to suspend the work of a given Parliamentary session, either by postponing the opening or by interrupting the continuance thereof.

(3) The suspension of Parliamentary work shall not exceed thirty days, nor shall it be repeated during the same Parliamentary session without the consent of Parliament.
Article 41 Dissolution of Parliament (1) The President of the Republic may dissolve Parliament, if two Governments have resigned or defeated in the Parliament and its composition cannot achieve stability of government. The elections shall be organized by the Government enjoying the confidence of the dissolved Parliament. In every other case, the provisions of the last phrase of Article 37 (3) shall apply.

(2) The President of the Republic shall dissolve the Parliament at the suggestion of a Government which has been given a vote of confidence, with a view to renewing its mandate in order to deal with a problem of extraordinary importance for the nation. The dissolution of the new Parliament for the same reason is prohibited.

(3) The dissolution Decree countersigned, in the case of the foregoing paragraph, by the Cabinet must at the same time comprise the proclamation of new elections within thirty days and the convocation of the new Parliament within another thirty days from the election.

(4) A Parliament elected following the dissolution of the previous one may not be dissolved before the expiry of one year from the commencement of its work, save in the case of Article 37 (3) and of the Paragraph (1) of the present Article.

(5) The dissolution of Parliament is obligatory in the case of Article 32 (4).
Article 42 Ratification of Laws & Veto (1) The President of the Republic shall issue and publish the laws passed by Parliament within one month from the passing thereof. The President of the Republic may, within the time limit specified in the foregoing paragraph, send back to Parliament a bill passed thereby, stating the reasons for his veto.

(2) A bill or private member's bill vetoed by the President of the Republic shall be brought before the Plenary Session of Parliament, and should it be passed again by the absolute majority of the total number of deputies, according to the procedure laid down by Article 76 (2), the President of the Republic shall issue and publish such bill within ten days from the second passing thereof.
Article 43 Decrees (1) The President of the Republic shall issue the decrees necessary for the execution of the laws, but he shall under no circumstances suspend the operation of the laws nor exempt anyone from the execution thereof.

(2) It shall be permitted to issue Regulatory Decrees at the proposal of the competent minister, on the basis of a specific authorization by law, and within the limits thereof. Authorization for the issuance of regulatory decrees by other administrative organs shall be allowed only in the case of regulation of special matters or matters of local interest or technical or detailed character.

(3) xxx

(4) Laws passed by the Plenum of Parliament may authorize the issuance of Regulation Decrees for the regulation of matters specified therein within a general framework. The said laws will provide the general principles and guidelines for the procedure to be followed and shall specify the time limit within which such authorization must be made use of.

(5) Matters which according to Article 72 (1) fall within the competence of the Plenum of Parliament may not be the object of the authorization mentioned in the foregoing paragraph.
Article 44 Acts of Legislative Content (1) In extraordinary circumstances of most urgent and unforeseen need, the President of the Republic may, at the suggestion of the Cabinet, issue acts of legislative content. These acts shall be brought before Parliament for approval, in accordance with the provisions of Article 72 (1), within forty days from the day of issuance or within forty days from the commencement of a Parliamentary session. If the said acts be not submitted to Parliament within the said time limits, or if they be not approved by Parliament within three months from each submission, they shall become invalid for the future.

(2) After a decision taken by a three fifths majority of the total number of the members of the Parliament, in accordance to a proposition of the Cabinet, the President of the Republic shall proclaim by a decree referenda on national questions of crucial importance. After a decision taken by a three fifths majority of the total number of the members of the Parliament, following a proposition of the two fifths thereof, the President of the Republic shall proclaim by a decree referenda on bills passed by the Parliament regarding serious social issues, with the exception of fiscal bills, in accordance to the Regulation of Parliament and a law regulating the application of this Paragraph. The proposition of more than one referendum on bills in the same Parliamentary Term is prohibited.

(3) In most extraordinary circumstances, after the conform opinion of Prime Minister,the President of the Republic may issue addresses to the people, which shall be published in the Government Gazette.
Article 45 Commander-in-Chief The President of the Republic shall be the commander-in-chief of the armed forces which shall be administered by the Government as the law provides. He shall confer ranks upon those serving therein, according to the law.
Article 46 Appointment of Civil Servants (1) The President of the Republic shall appoint and dismiss civil servants according to the law, save in the case of exceptions provided by the law.

(2) The President of the Republic shall confer the established decorations in accordance with the provisions of the pertinent law.
Article 47 Pardon and Amnesty] (1) The President of the Republic shall have the right, following a proposal by the Minister of Justice and having consulted the opinion of a council which contains a majority of judges, to pardon, commute, alter, or reduce sentences pronounced by the courts of law and to lift legal consequences of any kind emanating from sentences which have been pronounced and served.

(2) The President of the Republic shall have the right to grant a pardon to a minister sentenced according to Article 86 only with the consent of Parliament.

(3) Amnesty may only be granted in cases of political crimes, by a law voted in Plenary Session of the Parliament by a majority of three fifths of the total number of deputies.

(4) Amnesty in the cases of common crimes may not be granted even by law.
Article 48 State of Siege (1) In case of a state of war or mobilization due to external dangers or of manifest threat to the national security, or in case of armed revolt against the Democratic regime, the Parliament may, after proposition of the Cabinet, suspend throughout the country or in part thereof the operation of Articles 5 (4), 6, 8, 9, 11, 12 (1)-(4), 14, 19, 22, 23, 96 (4), and 97 or some of these Articles and put into effect the law on "state of siege" as this law may apply on each occasion, and establish extraordinary tribunals. The President of the Republic issue the resolution of the Parliament. This resolution defines also the duration of the imposed measures, that can not be longer than fifteen days.

(2) If the Parliament is in absence or it is not possible to convoke it in time, the measures of the foregoing Paragraph shall be taken by presidential decree, after proposition of the Cabinet. This decree shall be brought to the Parliament when its convocations becomes possible, even if its term has ended or if it has been dissolved and, in any case, not later than fifteen days after its issuance.

(3) The duration of the measures of the foregoing paragraphs can be extended beyond fifteen days only by decision of the Parliament, each time for a period of fifteen days. The Parliament is convoked 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 lifted after the termination of the war and, in any other case, after the expiration of the delays of the Paragraphs (1), (2) and (3) of the present Article.

(5) The President of the Republic may, after proposition of the Cabinet, issue Legislative Acts, with a view to coping with the situation and the speedy resumption of the operation of the constitutional institutions. These acts shall be brought before Parliament for approval within fifteen days from the day of issuance or from the day of the convocation of the Parliament. If the said acts be not submitted to Parliament within the said time limits, or if they be not approved by Parliament within fifteen days from their submission, they shall become invalid for the future. The law on the state of siege may not be amended while it is in force.

(6) The decisions of the Parliament in accordance to Paragraphs (2) and (3) are taken by the absolute majority of the total number of deputies, whereas the decision in accordance to the Paragraph (1) is taken by a majority of the three fifths of the total number therof, in one only Session.

(7) During the application of measures of the state of siege the provisions of the Articles 61 and 62 shall remain ipso jure in force, even if the term of Parliament has ended or if it has been dissolved.
Chapter III Special Responsibilities Article 49 Immunity, Liability (1) The President of the Republic shall not be held in any way responsible for the acts carried out in the discharge of his duties, save in the case of high treason or wilful violation of the Constitution. Prosecution for acts unrelated to the discharge of his duties shall be postponed until the end of the presidential term.

(2) Impeachment motions against the President of the Republic shall be submitted to Parliament in writing signed by at least one third of the members thereof, and must be accepted by a decision taken by a two thirds majority of the total number of the members thereof.

(3) If such motion be accepted, the President of the Republic shall appear before the special court provided for by Article 86, and the provisions relating thereto shall apply also in this case.

(4) Following his impeachment, the President shall refrain from exercising his duties and shall be replaced in accordance with the provisions of Article 34. He shall resume again his duties, if his term of office has not expired after he has been acquitted by the court provided for by Article 86.

(5) A law to be passed by the plenum of Parliament shall regulate questions relating to the implementation of the provisions of this Article.
Article 50 Enumerated Powers The President of the Republic shall have no powers other than those explicitly assigned to him by the Constitution and by such special laws as are consistent therewith.
Section III Parliament Chapter I Election and Composition Article 51 Deputies, Right to Vote (1) The number of deputies shall be determined by law, but the total number may not be less than two hundred or more than three hundred.

(2) The deputies represent the Nation.

(3) The deputies shall be elected by direct, universal, and secret ballot and by citizens having the right to vote as the law provides. The law cannot restrict the right to vote, save in cases of persons who have not attained the required age or on grounds of contractual incapacity or as a result of irrevocable penal sentence for certain crimes.

(4) General elections shall be held simultaneously throughout the State. A law may regulate matters relating to the exercise of the right to vote by electors who are abroad.

(5) The exercise of the right to vote is obligatory. The law shall determine in each case the exceptions and the penalties.
Article 52 Free Expression of Popular Will The free and genuine expression of the popular will, being the expression of popular sovereignty, shall be guaranteed by all the functionaries of the State who shall be obliged to safeguard the said popular sovereignty in every case. A law shall determine the penalties for the violation of the foregoing provisions.
Article 53 Parliamentary Term (1) Deputies shall be elected for four consecutive years starting from the date of the general election. Upon the conclusion of the parliamentary term, the holding of a general election within thirty days and the convocation of the new Parliament in regular session within a further thirty days from the date of the general election shall be ordered by presidential decree countersigned by the Cabinet.

(2) A Parliamentary seat which becomes vacant during the last year of a Parliamentary term shall not be filled through a by-
election, when such an election is required by law, unless the number of vacancies exceeds one fifth of the total number of deputies.

(3) In the event of war, the Parliamentary term shall be extended for the whole of the duration thereof. If Parliament has been dissolved there shall be no general election until the conclusion of the war and the Parliament already dissolved shall be revived ipso jure.
Article 54 Electoral Proceedings (1) The electoral system and electoral districts shall be determined by law.

(2) The number of deputies of each electoral district shall be determined by presidential decree on the basis of the population lawfully residing therein as shown in the latest census.

(3) A part of Parliament comprising not more than one tenth of the total number of deputies may be elected on the basis of the whole realm being treated as one single constituency, and in proportion to the total percentage of the vote of each party, as the law provides.
Chapter II Incompatibilities of Deputy Office Article 55 Eligibility (1) In order to be elected deputy one must be a Greek citizen, have the legal right to vote and have attained twenty-five years of age by the day the election is held.

(2) Deputies deprived of any of the foregoing qualifications shall ipso jure forfeit the office of deputy.
Article 56 Incompatibilities (1) Salaried civil functionaries and servants and officers of the army and the security forces, employees of local authorities or other bodies corporate of public law, mayors and presidents of village communities, governors or chairmen of boards of directors of bodies corporate of public law or public or municipal enterprises, public notaries, registrars of mortgages and transfers may not be nominated candidates, nor may they be elected deputies, unless they resign before their nomination as candidates. Such resignation shall take effect upon its submission in writing.

(2) By exception, university professors shall not be subject to the restrictions of the foregoing paragraph. A law shall regulate matters relating to the substitution thereof, and the professors who shall be elected deputies shall be barred from exercising the functions relating to their capacity as university professors during the Parliamentary term.

(3) Salaried civil servants, officers on active duty, and officers of the security forces, employees of bodies corporate of public law, directors and employees of state or municipal enterprises or institutions operating for the public benefit may not be nominated candidates or elected in any district wherein they served for more than three months during the last three years before the election. The former secretaries general of Ministries who held that position during the last four months of the four-year Parliament term shall be subject to the same restrictions. The said restrictions shall not apply on the candidates for deputies elected on the basis of the whole realm [State deputies] and the lower ranks of employees of the central state agencies.

(4) Civil servants and members of the armed forces in general who have undertaken in accordance with the law to remain in the service for a specific term cannot be nominated as candidates nor elected deputies during such term.
Article 57 Incompatible Acts
(1) The duties of deputy shall be incompatible with the functions or the status of member of board of directors or chairmen or director general or their substitute or employee of a commercial firm or enterprise enjoying special privileges or concessions or receiving a regular state subsidy by virtue of a special law.

(2) Deputies coming under any of the foregoing categories must, within eight days of the time when their election becomes final, declare their choice between the office of deputy and the above-mentioned functions. Failing such declaration they shall ipso jure forfeit the office of deputy.

(3) Deputies who assume any of the duties or functions which are specified in this and the foregoing article and are deemed incompatible with being candidate or deputy shall forfeit ipso jure their office.

(4) Deputies may not undertake procurement, research, or the construction of works for the State, the organizations of local authorities, or other bodies corporate of public law or public or municipal enterprises, or farm state or municipal taxes, nor may they lease real property owned by the foregoing or accept concessions of any kind on the said real property. Violation of the foregoing provisions shall result in forfeiture of the office of deputy and the invalidity of the act which led to the said violation. Such acts shall be null and void even when performed by commercial companies or enterprises wherein the duties of a director or administrative or legal advisor are performed by a deputy or when a deputy is a partner therein.

(5) A special law shall provide for the mode of continuation, assignment, or dissolution of agreements for the construction of works and the research referred to in Paragraph (4) which have been entered into by a deputy before his election.
Article 58 Scrutiny The examination and verification of general election results, against the validity of which objections may be raised regarding either electoral irregularities during the conduct of the elections or lack of qualifications, shall be referred to the Court which shall be established under Article 100.
Chapter III Duties and Rights of Deputies Article 59 Oath (1) Before entering upon their duties the deputies shall take the following oath in the House of Parliament in public session:

"I swear in the name of the Holy, Consubstantial, and Indivisible Trinity to be loyal to the Motherland and the democratic form of government, obey the Constitution and the laws and discharge my duties conscientiously."

(2) Deputies of other religions or dogmas shall give the same oath in the manner of their own religion or dogma.

(3) Deputies who enter upon their duties during the recess of Parliament shall take the oath before a Department thereof which is in session.
Article 60 Rights of Deputies (1) Deputies shall enjoy the unrestricted right to vote and express opinions according to their conscience.

(2) Deputies shall have the right to resign from the office of deputy; such resignation shall take effect upon submitting a written statement to the Speaker and shall be irrevocable.
Article 61 Indemnity & Non-Persecution (1) Deputies shall not be persecuted or in any way questioned on account of an opinion or vote given by them in the discharge of their duties as deputies.

(2) Deputies may be prosecuted, with the leave of Parliament, for malicious slander, according to law. The competent court shall be the Appeal Court. Leave shall be deemed not granted if Parliament does not decide within forty five days from the day when the indictment was received by the Speaker. In the event that leave be not granted or the fixed period expire, the act shall be deemed unindicted. This paragraph shall be applicable as from the next parliamentary term.

(3) Deputies shall not be questioned in relation to information received or given by them in the discharge of their duties or in relation to persons who entrusted them with such information or to whom they provided the same.
Article 62 Immunity During the parliamentary term no deputy shall be prosecuted, arrested, imprisoned, or in any way restricted without the leave of Parliament. Likewise, no deputy of Parliament which has been dissolved shall be prosecuted for political crimes from the dissolution of the said Parliament and until the declaration of the deputies of the new Parliament. Leave shall be deemed not given if Parliament should not decide within three months from the day on which the application of the Public Prosecutor to press charges be submitted to the Speaker. The fixed period of three months shall be suspended during the recess of Parliament. Leave shall not be required for crimes committed in flagrante delicto.
Article 63 Remuneration (1) Deputies shall receive compensation and an expense allowance from the Public Treasury for the discharge of their duties. The amounts to cover both the foregoing shall be fixed by a decision taken by the plenum of Parliament.

(2) Deputies shall be exempt from transportation, postal, and telephone charges, the extent whereof shall be fixed by a decision taken by the plenum of Parliament.

(3) If a deputy be absent for more than five meetings per month without cause, one thirtieth of his monthly compensation shall be deducted for each absence.
Chapter IV Organization and Functioning of Parliament Article 64 Ordinary Sessions (1) Parliament shall meet ipso jure<