1. The Cabinet, which shall be composed of the Prime Minister and the Ministers, constitutes the Government. The composition and functioning of the Cabinet shall be specified by law. One or more Ministers may be appointed Vice Presidents of the Cabinet, by decree initiated by the Prime Minister. A statute shall regulate the status of Alternate Ministers, Ministers without portfolio and Undersecretaries who may be members of the Government, as well as the status of permanent Undersecretaries.
2. No person may be appointed a member of the Government or an Undersecretary if he does not possess the qualifications required in Article 55 for Members of Parliament.
3. Any professional activity whatsoever of members of the Government, Undersecretaries and the Speaker of Parliament shall be in abeyance during the discharge of their duties.
4. The incompatibility of the office of Minister and Underse-cretary with other activities may be established by statute.
5. In the absence of a Vice President, the Prime Minister shall appoint, whenever the need arises, one of the Ministers as his provisional Deputy.
1. The Government shall define and direct the general policy of the Country, in accordance with the provisions of the Constitution and the laws.
2. The Prime Minister shall safeguard the unity of the Gov- ernment and shall direct the actions of the Government and of the public services in general, for the implementation of Government policy within the framework of the laws.
1. Each Minister shall exercise the powers defined by law. Ministers without portfolio shall exercise the powers vested in them by decision of the Prime Minister.
2. Undersecretaries shall exercise the powers vested in them by joint decision of the Prime Minister and the competent Minister.
The members of the Cabinet and the Undersecretaries shall be collectively responsible for general Government policy, and each of them severally for the actions or omissions within his powers, according to the provisions of statutes on the liability of Ministers. A written or oral order of the President of the Republic may in no case whatsoever relieve Ministers and Undersecretaries of their liability.
1. Parliament shall have the right to prefer charges on serving or former members of the Cabinet and Undersecretaries before an ad hoc court, according to the statutes on the liability of Ministers. This court is presided by the President of the Supreme Civil and Criminal Court and shall be composed of twelve judges chosen by lot by the Speaker of Parliament in public sitting from among the members of the Supreme Civil and Criminal Court and the Presidents of Civil and Criminal Courts of Appeal who held office prior to the accusation, as specified by statute.
2. Prosecution, judicial inquiry or preliminary judicial inquiry of the persons specified in paragraph 1 for actions or omissions committed during the discharge of their duties shall not be permitted without a prior resolution of Parliament.
If in the course of an administrative inquiry evidence should arise which may establish responsibility of a member of the Cabinet or an Undersecretary in accordance with the provisions of the statute on the liability of Ministers, those in charge of the inquiry shall, after its termination, forward the evidence to Parliament through the competent Public Prosecutor.
Only Parliament shall be entitled to suspend criminal prosecution.
3. Should the procedure on a motion against a Minister or Undersecretary be discontinued for any reason whatsoever, including the lapse of prescribed limitation, Parliament may, at the request of the accused person, decide the establishment of a Special Committee of Members of Parliament and senior judicial functionaries to investigate the charges, as specified by the Standing Orders.
1. Justice shall be administered by courts composed of regular judges who shall enjoy functional and personal independence.
2. In the discharge of their duties, judges shall be subject only to the Constitution and the laws; in no case whatsoever shall they be obliged to comply with provisions enacted in violation of the Constitution.
3. Regular judges shall be inspected by judges of a superior rank, as well as by the Public Prosecutor and the Deputy Prosecutor of the Supreme Civil and Criminal Court; Public Prosecutors shall be inspected by the Supreme Civil and Criminal Court judges and Public Prosecutors of a superior rank, as specified by law.
1. Judicial functionaries shall be appointed by presidential decree in compliance with a law specifying the qualifications and the procedure for their selection and are appointed for life.
2. The remuneration of judicial functionaries shall be commensurate with their office. Matters concerning their rank, remuneration and their general status shall be regulated by special statutes.
3. A training and trial period for judicial functionaries of up to three years prior to their appointment as regular judges may be provided for by law. During this period they may also act as regular judges, as specified by law.
4. Judicial functionaries may be dismissed only pursuant a court judgment resulting from a criminal conviction or a grave disciplinary breach or illness or disability or professional incompetence, confirmed as specified by law and in compliance with the provisions of article 93 paragraphs 2 and 3.
5. Retirement from the service of the judiciary shall be compulsory upon attainment of the age of sixty five years for all functionaries up to and including the rank of Court of Appeal judge or Deputy Prosecutor of the Court of Appeals, or a rank corresponding thereto. In the case of judicial functionaries of a rank higher than the one stated, or of a corresponding rank, retirement shall be compulsory upon attainment of the age of sixty seven years. In the application of this provision, the 30th of June of the year of retirement shall in all cases be taken as the date of attainment of the above age limit.
6. Transfer of judicial functionaries into another branch is prohibited. Exceptionally, the transfer of regular judges shall be permitted to fill up to half of the posts of Deputy Prosecutor in the Supreme Civil and Criminal Court as well as to fill up posts of associate judges to courts of first instance, or of associate prosecutors to public prosecutors offices; the transfer shall be permitted upon request of those concerned, as specified by law.
7. Courts or councils especially provided by the Constitution and composed of members of the Supreme Administrative Court and the Supreme Civil and Criminal Court shall be presided over by the senior in rank member.
In the true sense of article 88, appointment to the post of associate councillors and councillors to the Court of Auditors shall be permitted, as specified by law.
1. Judicial functionaries shall be prohibited from performing any other salaried service or practicing any other profession.
2. Exceptionally, judicial functionaries may be elected members of the Academy or professors or assistant professors of University level schools and they may sit on special administrative courts and on councils or committees, but not on the boards of directors of enterprises or commercial companies.
3. Judicial functionaries may be assigned administrative duties either along with their main duties or exclusively for a specified period of time, as provided by law.
4. Participation of judicial functionaries in the Government is prohibited.
5. The establishment of an association of judicial functionaries shall be permitted, as specified by law.
1. Promotions, assignments to posts, transfers, detachments, and transfers to another branch of judicial functionaries shall be effected by presidential decree, issued after prior decision by the Supreme Judicial Council. This Council shall be composed of the president of the respective highest court and of members of the same court chosen by lot from among those having served in it for at least two years, as specified by law. The Prosecutor of the Supreme Civil and Criminal Court participates in the Supreme Judicial Council on civil and criminal justice, while the General Commissioner of State to the Court of Auditors shall participate in the corresponding judicial council.
2. In the case of judgments concerning promotions to the posts of Councillors of State, Supreme Civil and Criminal Court Judges, Deputy Prosecutors of the Supreme Civil and Criminal Court, President Judges of Appeals, Prosecutor of Appeals and Councillor to the Court of Auditors, the Council prescribed in paragraph 1 shall be supplemented by additional members, as specified by law. The provision of the last passage of paragraph 1 shall be applicable in this case.
3. If the Minister should disagree with the judgement of a Supreme Judicial Council, he may refer the matter to the plenum of the respective highest court, as specified by law. A judicial functionary left out of promotion has also the right of recourse to the plenum, under the conditions specified by law.
4. The decision of the plenum on a matter referred to it and the decisions of the Supreme Judicial Council with which the Minister has not disagreed, shall be binding upon him.
5. Promotion to the office of the President or Vice-President of the Supreme Administrative Court, the Supreme Civil and Criminal Court and the Court of Auditors shall be effected by presidential decree issued on the proposal of the Cabinet, upon selection from among the members of the respective highest court, as specified by law.
Promotion to the office of Supreme Civil and Criminal Court Prosecutor shall be effected by similar decree and upon selection from among the members of the Supreme Civil and Criminal Court and the Deputy Public Prosecutors of this Court.
6. Rulings or acts in compliance with the provisions of the present article shall not be subject to remedies before the Supreme Administrative Court.
1. Disciplinary authority over judicial functionaries from and above the rank of member of the Supreme Civil and Criminal Court or Deputy Prosecutor of the Supreme Civil and Criminal Court, or a rank corresponding thereto, shall be exercised by a Supreme Disciplinary Council, as specified by law.
Disciplinary action shall be initiated by the Minister of Justice.
2. The Supreme Disciplinary Council shall be composed of the President of the Supreme Administrative Court as Chairman, and of two Vice-Presidents or Councillors of the Supreme Administrative Court, two Vice-Presidents or members of the Supreme Civil and Criminal Court, two Vice-Presidents or Councillors of the Court of Auditors and two law professors from the Law Schools of the country's universities, as members. The members of the Council shall be chosen by lot from among those having at least three years of service in the respective highest in rank court or law school. Members belonging to the court of which the conduct of one of the judges, prosecutors or commissioners the Council has been called on to judge, shall be excluded. In cases involving disciplinary action against members of the Supreme Administrative Court, the Supreme Disciplinary Council shall be presided over by the President of the Supreme Civil and Criminal Court.
3. The disciplinary authority over all other judicial functionaries shall be exercised, in the first and second instance by councils composed of regular judges chosen by lot, as specified by law. Disciplinary action may also be initiated by the Minister of Justice.
4. Disciplinary rulings in accordance with the provisions of this Article shall not be subject to remedies before the Supreme Administrative Court.
1. The civil servants of all courts' offices and prosecutors' offices shall be permanent. They may be dismissed only pursuant to a court judgement resulting from a criminal conviction or to decision of a judicial council on account of a grave disciplinary breach, illness or disability, or professional incompetence which shall be ascertained, as specified by law.
2. The qualifications of the civil servants of all courts' offices and prosecutors' offices and their general status shall be specified by law.
3. Promotions, assignments to posts, transfers, detachments and transfers to another branch of the above mentioned civil servants shall be effected with the consent of a judicial council; disciplinary authority over them shall be exercised by the hierarchically superior judges, prosecutors or commissioners and also by the judicial councils, as specified by law.
Recourse against decisions on promotions or against the disciplinary decisions of judicial councils shall be permitted, as specified by law.
4. Notaries public, registrars of mortgages and property transfers, and directors of land registry offices shall be permanent as long as corresponding services and posts exist. The provisions of the preceding paragraphs shall be correspondingly applicable in this case.
5. Retirement shall be compulsory for notaries public and unsalaried registrars of mortgages and property transfers upon attainment of the age of seventy years; all others shall be obliged to retire upon attainment of the age specified by law.
1. Courts are distinguished into administrative, civil and criminal courts, and they are organized by special statutes.
2. The sittings of all courts shall be public, except when the court decides that publicity would be detrimental to the good usages or that special reasons call for the protection of the private or family life of the litigants.
3. Every court judgment must be specifically and thoroughly reasoned and must be pronounced in a public sitting. Publication of the dissenting opinion shall be compulsory. Law shall specify matters concerning the entry of any dissenting opinion into the minutes as well as the conditions and prerequisites for the publicity thereof.
4. The courts shall be bound not to apply a statute whose content is contrary to the Constitution.
1. The hearing of substantive administrative disputes belongs to the jurisdiction of existing ordinary administrative courts. Such disputes which have not yet come under the jurisdiction of those courts must compulsorily be subjected to this jurisdiction within five years from the date this Constitution shall enter into force; this time-limit may be extended by law.
2. Until the remaining substantive administrative disputes come under the jurisdiction of ordinary administrative courts, either as a whole or by category, they shall continue to fall under the jurisdiction of civil courts, with the exception of those for which special administrative courts have been established under special statutes; these courts shall adhere to the provisions of paragraphs 2 to 4 of article 93.
3. Civil courts shall have jurisdiction on all private disputes, as well as on cases of voluntary jurisdiction assigned to them by law.
4. Other competences of an administrative nature, as defined by law, may be assigned to civil or administrative courts.
Only the ordinary taxation courts established by virtue of legislative decree 3845/1958 are considered as ordinary administrative courts.
1. The jurisdiction of the Supreme Administrative Court pertains mainly to:
a) The annulment upon petition of enforceable acts of administrative authorities for excess of power or violation of the law.
b) The reversal upon petition of final judgements of administrative courts for excess of power or violation of the law.
c) The trial of substantive administrative disputes submitted thereto as provided by the Constitution and the statutes.
d) The elaboration of all decrees of a general regulatory nature.
2. The provisions of article 93 paragraphs 2 and 3 hereinabove shall not be applicable in the exercise of the competence specified under subparagraph (d) of the preceding paragraph.
3. The trial of categories of cases which come under the Supreme Administrative Court's jurisdiction for annulment may by law come under ordinary administrative courts of another instance, the appellant jurisdiction of the Supreme Administrative Court being, however, reserved.
4. The jurisdiction of the Supreme Administrative Court shall be regulated and exercised as specifically provided by law.
5. The administration shall be bound to comply with the annulling judgments of the Supreme Administrative Court. A breach of this obligation shall render liable any responsible agent, as specified by law.
1. The punishment of crimes and the of all measures provided by criminal laws, belongs to the jurisdiction of regular criminal courts.
2. Statutes may: (a) assign the trial of police offences pun- ishable by fine to authorities exercising police duties, (b) assign the trial of petty offences related to agrarian property and private disputes arising therefrom, to agrarian security authorities.
In both cases judgments shall be subject to appeal before the competent ordinary court; such appeal shall suspend the execution of the judgment.
3. Special statutes shall regulate matters pertaining to juvenile courts. The provisions of articles 93 paragraph 2 and 97 need not apply in this case. The judgments of these courts may be pronounced in camera.
4. Special statutes provide for:
a) Military, naval and air force courts which shall have no jurisdiction over civilians.
b) Prize courts.
5. The courts specified under section (a) of the previous paragraph shall be composed in majority of members of the judicial branch of the armed forces, vested with the guaranties of functional and personal independence specified in article 87 para-graph 1 of the Constitution. The provisions of paragraphs 2 to 4 of article 93 shall apply to the sittings and judgements of these courts. Matters pertaining to the application of provisions of this paragraph, as well as the time upon which they shall enter into force, shall be specified by law.
1. Felonies and political crimes shall be tried by mixed jury courts composed of regular judges and jurors, as specified by law. The judgments of these courts shall be subject to the legal remedies specified by law.
2. Felonies and political crimes which prior to the date of entry into force of this Constitution have, by constituent acts, parliamentary resolutions and special statutes, come under the jurisdiction of courts of appeal shall continue to be tried by the said courts, as long as a statute does not transfer them to the jurisdiction of mixed jury courts.
Other felonies may be transferred to the jurisdiction of the same courts of appeal by statute.
3. Crimes of any degree committed through the press shall be under the jurisdiction of ordinary criminal courts, as specified by law.
1. The jurisdiction of the Court of Auditors pertains mainly to:
a) The audit of the State's expenditures, and of local government agencies or other public law legal persons subject to its audit by special laws.
b) The presentation to Parliament of the financial report and balance sheet of the State.
c) Advisory opinions concerning statutes on pensions or on the recognition of service for granting of the right to a pension, in accordance with article 73 paragraph 2, and on all other matters specified by law.
d) The audit of the accounts of accountable officials and of the local government agencies and public law legal persons specified in subparagraph (a).
e) The trial of legal remedies on disputes concerning the granting of pensions and the audit of accounts in general.
f) The trial of cases related to liability of civil or military servants of State and local government agency civil servants for any loss, through malicious intent or negligence, incurred upon the State or upon the above agencies and legal persons.
2. The authority of the Court of Auditors shall be regulated and exercised as specified by law.
The provisions of article 93 paragraphs 2 and 3 shall not be applicable in the cases specified in (a) through (d) of the preceding paragraph.
3. The judgments of the Court of Auditors in the cases specified in paragraph 1 shall not be subject to the control of the Supreme Administrative Court.
1. Suits against judicial functionaries for faulty wrongful judgment shall be tried, as specified by law, by a special court composed of the President of the Supreme Administrative Court, as President, and one Councillor of the Supreme Administrative Court, one Supreme Civil and Criminal Court judge, one Councillor of the Court of Auditors, two law professors of the law schools of the country's universities and two barristers from among the members of the Supreme Disciplinary Council for barristers, as members, all of whom shall be chosen by lot.
2. Each time, that member of the special court shall be exempted who belongs to the judicial corps or branch, the actions or omissions of a functionary of which the court is called upon to judge. In the case of a suit against a member of the Supreme Administrative Court or a functionary of the ordinary administrative courts, the special court shall be presided over by the President of the Supreme Civil and Criminal Court.
3. No permission shall be required to institute a suit for faulty wrongful judgement.
1. A Special Highest Court shall be established, the jurisdiction of which shall comprise:
a) The trial of objections in accordance with article 58.
b) Verification of the validity and returns of a referendum held in accordance with article 44 paragraph 2.
c) Judgment in cases involving the incompatibility or the forfeiture of office by a Member of Parliament, in accordance with article 55 paragraph 2 and article 57.
d) Settlement of any conflict between the courts and the administrative authorities, or between the Supreme Administrative Court and the ordinary administrative courts on one hand and the civil and criminal courts on the other, or between the Court of Auditors and any other court.
e) Settlement of controversies on whether the content of a statute enacted by Parliament is contrary to the Constitution, or on the interpretation of provisions of such statute when conflicting judgments have been pronounced by the Supreme Administrative Court, the Supreme Civil and Criminal Court or the Court of Auditors.
f) The settlement of controversies related to the designation of rules of international law as generally acknowledged in accordance with article 28 paragraph 1.
2. The Court specified in paragraph 1 shall be composed of the President of the Supreme Administrative Court, the President of the Supreme Civil and Criminal Court and the President of the Court of Auditors, four Councillors of the Supreme Administrative Court and four members of the Supreme Civil and Criminal Court chosen by lot for a two-year term. The Court shall be presided over by the President of the Supreme Administrative Court or the President of the Supreme Civil and Criminal Court, according to seniority.
In the cases specified under sections (d) and (e) of the preceding paragraph, the composition of the Court shall be expanded to include two law professors of the law schools of the country's universities, chosen by lot.
3. The organization and functioning of the Court, the appointment, replacement of and assistance to its members, as well as the procedure to be followed shall be determined by special statute.
4. The judgments of this Court shall be irrevocable.
Provisions of a statute declared unconstitutional shall be invalid as of the date of publication of the respective judgment, or as of the date specified by the ruling.
1. The administration of the State shall be organized according to the principle of decentralization.
2. The administrative division of the Country shall be based on geoeconomic, social and transportation conditions.
3. Regional State officers shall have general decisive authority on matters of their district, while the central services shall have, in addition to special powers, the general guidance, coordination and supervision of the regional officers, as specified by law.
1. The administration of local affairs shall be exercised by local government agencies, the first level of which comprises municipalities and communities. Other levels shall be specified by law.
2. Local government agencies shall enjoy administrative independence. Their authorities shall be elected by universal and secret ballot.
3. The law may provide for compulsory or voluntary associations of local government agencies to execute works or render services; they shall be governed by a board of elected representatives of each municipality or community participating therein in proportion to the population.
4. The law may provide for the participation in the administration of second level local government agencies of elected representatives of local professional, scientific or cultural organizations and of the State administration; such participation is not to exceed one-third of the total number of members.
5. The State shall supervise local government agencies, without infringing upon their initiative and freedom of action. The disciplinary sanctions of suspension and dismissal from office of elected officers of local government agencies, with the exception of cases involving ipso jure forfeiture of office, shall be pronounced only with the consent of a council composed in its majority of regular judges.
6. The State shall provide for the securing of the funds necessary to fulfil the mission of local government agencies. Matters pertaining to the attribution and distribution among local government agencies of the taxes or duties provided for them and collected by the State shall be specified by law.
1. Civil servants shall be the executors of the will of the State and shall serve the people, owing allegiance to the Constitution and devotion to the Fatherland. The qualifications and the manner of their appointment shall be specified by law.
2. No one may be appointed to a post not provided by law. Special statutes may provide for exceptions in order to fill unforeseeable and urgent needs with personnel hired for a certain period of time on a private law contract.
3. Posts of specialized scientific and technical or auxiliary personnel provided by law, may be filled by personnel hired on private law contracts. The terms of employment and the specific guarantees under which this personnel shall be employed, shall be specified by law.
4. Civil servants holding posts provided by law shall be permanent so long as these posts exist. Their salaries shall evolve in accordance with the provisions of the law; with the exception of those retiring upon attainment of the age limit or when dismissed by court judgement, civil servants may not be transferred without an opinion or lowered in rank or dismissed without a decision of a service council consisting of at least two-thirds of permanent civil servants.
Recourse against the decisions of these councils may be sought before the Supreme Administrative Court, as specified by law.
5. Highest civil servants holding posts outside of the civil service hierarchy, persons directly appointed on an ambassadorial rank, employees of the Presidency of the Republic and the offices of the Prime Minister, Ministers and Undersecretaries may by law be exempted from permanency.
6. The provisions of the preceding paragraphs shall apply to the staff of Parliament, which in other aspects shall be entirely subject to its Standing Orders, and to the civil servants of local government agencies and other public law legal persons.
1. None of the employees mentioned in the preceding article may be appointed to another post of the civil service or of local government agencies or of other public law legal persons, or of public enterprises or public utility agencies. As an exception, appointment to a second post may be permitted by special statute, in compliance with the provisions of the following paragraph.
2. Additional salaries or emoluments of any kind of employees mentioned in the preceding article may not exceed the total sal- ary received per month from their post which is provided by law.
3. No prior permission shall be required to bring to trial civil servants or employees of local government agencies or of other public corporate bodies.
1. The Athos peninsula extending beyond Megali Vigla and constituting the region of Aghion Oros shall, in accordance with its ancient privileged status, be a self-governed part of the Greek State, whose sovereignty thereon shall remain intact. Spiritually, Aghion Oros shall come under the direct jurisdiction of the Ecumenical Patriarchate. All persons leading a monastic life thereon acquire Greek citizenship without further formalities, upon admission as novices or monks.
2. Aghion Oros shall be governed, according to its regime, by its twenty Holy Monasteries among which the entire Athos peninsula is divided; the territory of the peninsula shall be exempt from expropriation.
The administration of Aghion Oros shall be exercised by representatives of the Holy Monasteries constituting the Holy Community. No change whatsoever shall be permitted in the administrative system or in the number of Monasteries of Aghion Oros, or in their hierarchical order or in their position to their subordinate dependencies. Heterodox or schismatic persons shall be prohibited from dwelling thereon.
3. The determination in detail of the regimes of the Aghion Oros entities and the manner of operation thereof is effected by the Charter of Aghion Oros which, with the cooperation of the State representative, shall be drawn up and voted by the twenty Holy Monasteries and ratified by the Ecumenical Patriarchate and the Parliament of the Hellenes.
4. Faithful observance of the regimes of the Aghion Oros entities shall in the spiritual field be under the supreme supervision of the Ecumenical Patriarchate, and, in the administrative, under the supervision of the State, which shall also be exclusively responsible for safeguarding public order and security.
5. The afore-mentioned powers of the State shall be exercised through a governor whose rights and duties shall be determined by law.
The law shall likewise determine the judicial power exercised by the monastic authorities and the Holy Community, as well as the customs and taxation privileges of Aghion Oros.
1. In order to consolidate social peace and protect the general interest, the State shall plan and coordinate economic activity in the Country, aiming at safeguarding the economic development of all sectors of the national economy. The State shall take all measures necessary to develop sources of national wealth in the atmosphere, in underground and underwater deposits, and to promote regional development and to further especially the economy of mountainous, insular and frontier areas.
2. Private economic initiative shall not be permitted to develop at the expense of freedom and human dignity, or to the detriment of the national economy.
3. With the reservation of the protection provided in article 107 in connection with the re-export of foreign capital, the law may regulate the acquisition by purchase of enterprises or the compulsory participation therein of the State or other public agencies, in the event these enterprises are of the nature of a monopoly or are of vital importance to the development of sources of national wealth or are primarily intended to offer services to the community as a whole.
4. The cost of purchase or the counterpart to the compulsory participation of the State or other public agencies must indispensably be determined by a court and must be in full, so as to correspond to the value of the purchased enterprise or the participation therein.
5. A shareholder, partner or owner of an enterprise, the control of which devolves upon the State or upon an agency controlled by the State as a result of compulsory participation in accordance with paragraph 3, shall be entitled to request the purchase of his share in the enterprise, as specified by law.
6. The law may specify matters pertaining to the contribution to the State expenditure by beneficiaries from the execution of public utility works or works of a more general significance for the economic development of the Country.
The value specified in paragraph 4 does not include such value as is due to the monopolistic nature of the enterprise.
1. Legislation enjoying legal force higher than that of statutes, enacted before April 21, 1967, pertaining to the protection of foreign capital, shall continue to enjoy such legal force and shall be applicable to capital imported henceforth.
The same legal force is enjoyed by the provisions of Chapters A through D of Section A of Statute 27/75 "on the taxation of ships, compulsory contributions for the development of the merchant marine, establishment of foreign shipping companies and regulation of related matters".
2. A statute, to be promulgated once and for all within three months of the date of entry into force of this Constitution, shall specify the terms and the procedure for the revision or cancellation of administrative acts approving investments in application of legislative decree 2687/1953 and issued in any form whatsoever, or agreements contracted on investment of foreign capital between April 21, 1967 and July 23, 1974, with the exception of those pertaining to the registration of ships under the Greek flag.
The State must take care for emigrant Greeks and for the maintenance of their ties with the Fatherland. The State shall also attend to the education, the social and professional advancement of Greeks working outside the State.
1. Alteration of the contents or terms of a will, codicil or donation as to the provisions benefiting the State or a charitable cause is prohibited.
2. Exceptionally, a more beneficial use or disposal of a bequest or donation, for the same or for another charitable cause in the area designated by the donor or the testator, or in the greater district thereabout, shall be permitted, as specified by law, after it is certified by a court judgement that for any reason whatsoever, the will of the donor or the testator cannot be fulfilled, either in whole or to its greatest extent as well as if it can be more fully satisfied by the change of use.
1. The provisions of the Constitution shall be subject to revision with the exception of those which determine the form of government as a Parliamentary Republic and those of articles 2 paragraph 1, 4 paragraphs 1, 4 and 7 , 5 paragraphs 1 and 3, 13 paragraph 1, and 26.
2. The need for revision of the Constitution shall be ascertained by a resolution of Parliament adopted, on the proposal of not less than fifty Members of Parliament, by a three-fifths majority of the total number of its members in two ballots, held at least one month apart. This resolution shall define specifically the provisions to be revised.
3. Upon a resolution by Parliament on the revision of the Constitution, the next Parliament shall, in the course of its opening session, decide on the provisions to be revised by an absolute majority of the total number of its members.
4. Should a proposal for revision of the Constitution receive the majority of the votes of the total number of members but not the three-fifths majority specified in paragraph 2, the next Parliament may, in its opening session, decide on the provisions to be revised by a three-fifths majority of the total number of its members.
5. Every duly voted revision of provisions of the Constitution shall be published in the Government Gazette within ten days of its adoption by Parliament and shall come into force through a special parliamentary resolution.
6. Revision of the Constitution is not permitted before the lapse of five years from the completion of a previous revision.
1. All provisions of statutes or of administrative acts of a regulatory nature which are contrary to the Constitution, are abolished as of the date the Constitution comes into force.
2. Constituent acts promulgated between July 24, 1974 and the convocation of the Fifth Revisionary Parliament, as well as parliamentary resolutions thereof shall continue to be in force even if their provisions are contrary to the Constitution; they can be amended or abolished by statute. As of the date of coming into force of the Constitution, the provision of article 8 of the constituent act of September 3, 1974 concerning the retirement age limit for professors of university level institutions is abolished.
3. Article 2 of the presidential decree 700 of October 9, 1974 "on the partial re-enactment of articles 5, 6, 8, 10, 12, 14, 95, and 97 of the Constitution and the lifting of the statute "on a state of siege" and Legislative Decree 167 of November 16, 1974 "on granting of the legal remedy of appeal against the judgments of the military tribunal", shall remain in force, allowing for their amendment or abolition by statute.
4. The parliamentary resolution of April 16/29, 1952 shall remain in force for six months from the date of coming into force of this Constitution. Within this time-limit, the amendment, completion or abolition by statute of the constituent acts and resolutions referred to in article 3 paragraph 1 of the aforementioned resolution shall be permitted, as well as the maintenance of some of these, in whole or in part, even after the lapse of this time-limit, on condition that the provisions amended, completed or remaining in force cannot be contrary to this Constitution.
5. Greeks deprived in any manner whatsoever of their citizenship prior to the coming into force of this Constitution shall re-acquire it upon a decision by special committees of judicial functionaries, as specified by law.
6. The provision of article 19 of legislative decree 3370/1955 "on sanctioning of the Code of Greek citizenship" shall remain in force until it is repealed by law.
1. On matters where provisions of this Constitution explicitly require the promulgation of a statute to regulate them, the statutes or the administrative acts of a regulatory nature which are in force, as the case may be, at the time this Constitution comes into force, shall remain in force until the statute shall be promulgated, with the exception of those which are contrary to the provisions of the Constitution.
2. The provisions of article 109 paragraph 2 and 79 paragraph 8 shall enter into force as of the date of the coming into force of each of the statutes especially provided therein which must be promulgated at the latest by the end of the year 1976. Until the statute provided for in article 109 paragraph 2 comes into force, the already existing constitutional and legislative regulation at the time this Constitution enters into force shall continue to be applicable.
3. Constituent Act of October 5, 1974, which shall remain in force, shall be construed as meaning that the suspension of the exercise of the duties of professors as of their election as Members of Parliament shall not, throughout the duration of the present parliamentary period, be extended to include teaching, research, authorship, and scientific work in laboratories and classrooms of the respective schools; but the participation of these professors in the administration of schools and in the election of teaching personnel in general or in the examination of students shall be excluded.
4. The application of article 16 paragraph 3, on the number of years of compulsory education, shall be fulfilled by means of a statute, within five years of the coming into force of this Constitution.
The Standing Orders of Parliament, the parliamentary resolutions pertaining thereto and the statutes specifying the manner in which Parliament shall function, shall continue to be in force pending the date of enactment of the new Standing Orders, with the exception of those which are contrary to the provisions of this Constitution.
As to the function of the Sections of Parliament provided by articles 70 and 71 of the Constitution, the provisions of the last Standing Orders regulating the work of the Special Legislative Committee of article 35 of the Constitution of January 1, 1952 shall apply in a supplementary manner, as provided by article 3 of parliamentary resolution A' dated December 14, 1974. Pending the enactment of the new Standing Orders the Committee of article 71 of the Constitution shall be composed of sixty regular members and thirty alternate, to be selected by the Speaker from among all parties and groups, in proportion to their strength. In case of dispute, prior to the publication of the new Standing Orders, on the provisions to be applied, the Plenum or the Section of Parliament in the operation of which the question has arisen shall decide.
1. The election of the first President of the Republic must take place within two months of the publication of this Constitution at the latest, in a special session of Parliament, to be called by the Speaker at least five days in advance; the provisions of the Standing Orders as to the election of the Speaker shall be analogously applied.
The President to be elected shall assume the discharge of his duties upon being sworn in, within five days of his election at the latest .
The statute specified in article 49 paragraph 5 on the regulation of matters related to the liabilities of the President of the Republic must be promulgated before December 31, 1975.
Pending the enactment of the statute specified in article 33 paragraph 3, matters defined therein shall be regulated by the provisions pertaining to the provisional President of the Republic.
2. As of the date of enactment of this Constitution and until the President of the Republic to be elected assumes the discharge of his duties, the provisional President of the Republic shall exercise the authority vested in the President by the Constitution, with the restrictions specified in article 2 of parliamentary resolution B' of the Fifth Revisionary Parliament dated December 24, 1974.
1. Pending the enactment of the statute provided in article 86 paragraph 1, the standing provisions on prosecution, interroga-tion and trial of acts and omissions specified in article 49 paragraph 1 and article 85 shall be applicable.
2. The statute provided by article 100 must be enacted within one year, at the latest, from the coming into force of this Constitution. Pending the enactment of the said statute and the beginning of the function of the Special Highest Court:
a) Disputes on the matters specified in article 55 paragraph 2 and article 57 shall be solved by parliamentary resolution, in accordance with the provisions of the Standing Orders on personal issues.
b) The verification of the validity and the returns of a referendum held in accordance with article 44 paragraph 2, as well as the trial of objections to the validity and the returns of parliamentary elections in accordance with article 58 shall be assigned to the Special Court provided by article 73 of the Constitution of January 1, 1952; the procedure of articles 116 seq. of presidential decree 650/1974 shall apply.
c) The settlement of conflicts specified in article 100 paragraph 1 section (d) shall come under the jurisdiction of the Court specified in article 5 of the Constitution of January 1, 1952; laws related to the organization, functioning and procedure before the said Court shall also remain temporarily in force.
3. Pending the entry into force of the statute provided by article 99, suits for faulty wrongful judgement shall be tried by the court provided under article 110 of the Constitution of January 1, 1952, and in accordance with the procedure effective at the time of publication of this Constitution.
4. Pending the entry into force of the statute provided under article 87 paragraph 3 and the establishment of the judicial and disciplinary committees provided under article 90 paragraphs 1 and 2 and article 91, the relevant provisions valid at the time of entry into force of this Constitution shall remain in force. The statutes on the above matters must be promulgated not later than one year from the date of coming into force of this Constitution.
5. Pending the entry into force of the statutes provided under article 92, the provisions existing at the time this Constitution enters into force shall remain in force. The said statutes must be promulgated not later than one year from the date of coming into force of this Constitution.
6. The special statute provided under article 57 paragraph 5 must be promulgated within six months from the date of coming into force of this Constitution.
1. Existing provisions contrary to article 4 paragraph 2 shall remain in force pending their abolition by statute not later than December 31, 1982.
2. Derogations from the provisions of article 4 paragraph 2 shall be permitted only for sufficiently justified reasons, in cases specified by law.
3. Ministerial decisions of a regulatory nature as well as provisions of collective agreements or arbitration decisions fixing the remuneration for employment which are contrary to the provisions of article 22 paragraph 1 shall remain in force until they are replaced not later than three years from the date of entry into force of this Constitution.
1. Laws issued before April 21, 1967, in application of article 104 of the Constitution of January 1, 1952 shall be deemed not to be contrary to this Constitution and shall remain in force.
2. Notwithstanding article 17, the legislative regulation and dissolution of existing leases of farms and other land onuses, the purchase of bare ownership by long leasers of long leased plots and the abrogation of peculiar real property relationships shall be permitted.
3. Public or private forests or forest expanses which have been destroyed or are being destroyed by fire or have otherwise been deforested or are being deforested, shall not thereby relinquish their previous designation and shall compulsorily be proclaimed reforestable, the possibility of their disposal for other uses being excluded.
4. The expropriation of forests and forest expanses owned by individuals or by private or public law legal persons shall be permitted only in cases benefiting the State, in accordance with the provisions of article 17, for reasons of public utility; but their designation as forests shall not be altered.
5. The expropriations which have been declared or are being declared until the existing statutes on expropriation have been adapted to this Constitution, shall be governed by provisions in force at the time of their declaration.
6. Paragraphs 3 and 5 of article 24 shall be applicable to residential areas which have been designated or are being reformed as such as of the coming into force of the laws provided for therein.
1. As of the date of entry into force of this Constitution judicial functionaries from the rank of president or public prosecutor of the Court of Appeals and up or of corresponding ranks, shall retire from service, as before that time, upon attainment of the age of seventy years; this age limit shall annually be lowered by one year until the age of sixty-seven years, beginning in 1977.
2. Highest judicial functionaries who were not in service at the time the constituent act of September 4/5, 1974 "on the restoration of order and harmony in the judicial branch" came into force and who were demoted on that basis, due to the time at which their promotion was made and against whom the disciplinary prosecution specified in article 6 of the said constituent act was not initiated, shall be compulsorily committed by the competent Minister to the Highest Disciplinary Council, within three months of the coming into force of this Constitution.
The Highest Disciplinary Council shall decide whether the conditions of promotion have reduced the prestige and the special position in the service of the promoted person and shall by final decision rule on re-acquisition or not of the automatically forfeited rank and the rights attached thereto, the retroactive pay-ment of salary or pension being however excluded.
The decision must be pronounced within three months of committal.
The closest living relatives of a judicial functionary having been demoted and deceased, may exercise all the rights accorded to persons under disciplinary trial before the Highest Disciplinary Council.
3. Pending the publication of the law provided under article 101 paragraph 3 , provisions in force pertaining to the distribution of authority between central and regional services shall continue to be applied. These provisions may be amended by the transfer of special authority from central to regional services.
1. The inadmissibility of petitions for annulment of acts issued between April 21, 1967 and July 23, 1974, irrespective of the way it operated, may be lifted by statute regardless of whether or not such a petition had been submitted; in no case, however, may retroactive wages be paid to persons who prevail through this legal remedy.
2. Military or civil servants who by law have been restored ipso jure to the public posts they occupied and who have become Members of Parliament, may within an eight-day limit state their choice between their parliamentary office and their public post.
1. This Constitution, voted by the Fifth Revisionary Parliament of the Hellenes, is signed by its Speaker and published by the provisional President of the Republic in the Government Gazette by decree countersigned by the Cabinet and shall enter into force on the eleventh of June 1975.
2. Respect towards the Constitution and the law concurrent thereto, and devotion to the Fatherland and to Democracy constitute a fundamental duty of all Greeks.
3. Usurpation, in any way whatsoever, of popular sovereignty and of powers deriving therefrom shall be prosecuted upon restoration of the lawful authority; the limitation from which punishment for the crime is barred shall begin as of the restoration of lawful authority.
4. Observance of the constitution is entrusted to the patriotism of the Greeks who shall have the right and the duty to resist by all possible means against anyone who attempts the violent abolition of the Constitution.
Table of Contents Previous Articles