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Syntagma uk new :18 ÂÏ Syntagma uk new :18 ÂÏ Syntagma uk new :18 ÂÏ 3 THE CONSTITUTION OF GREECE Syntagma uk new :18 ÂÏ

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Syntagma uk new :18 ÂÏ 1 Syntagma uk new :18 ÂÏ 2 Syntagma uk new :18 ÂÏ 3 THE CONSTITUTION OF GREECE Syntagma uk new :18 ÂÏ 4 Syntagma uk new :18 ÂÏ 5 THE CONSTITUTION OF GREECE As revised by the parliamentary resolution of May 27th 2008 of the VIII th Revisionary Parliament HELLENIC PARLIAMENT Syntagma uk new :18 ÂÏ 6 Editorial Committee: Kostas Mavrias Professor, Law Faculty, Athens University President of the Scientific Council Hellenic Parliament President of the Hellenic Association of Constitutionalists Epaminondas Spiliotopoulos Honorary Professor Law Faculty, Athens University Member of the Academy of Athens Member of the Scientific Council Hellenic Parliament Translated by: Xenophon Paparrigopoulos LL.M., S.J.D., Research Fellow, Directorate of Studies Hellenic Parliament Stavroula Vassilouni LL.M., Research Fellow, Directorate of Studies Hellenic Parliament Copyright 2008 Hellenic Parliament ISBN: Printing & Production: HELLENIC PARLIAMENT S PUBLICATIONS DEPARTMENT Syntagma uk new :18 ÂÏ 7 FOREWORD In July 1974 Greece came out of the seven year long dictatorship which had severed the country from the process of European formation and had halted its overall development in all aspects. Before the Fifth Revisionary Parliament exercised its constitutional power, the referendum of 8 December 1974 took place, whereby the People, with an overwhelming majority, chose as form of the democratic government that of a republic. The Fifth Revisionary Parliament was entrusted with the task to shape the modern features of the democratic regime within the framework of the country s new Constitution. One year after the collapse of the dictatorship, the voting of the Constitution of 1975, inspired by Constantine Karamanlis with Constantine Tsatsos as its architect, sealed the return of democracy to its birthplace. The Constitution of 1975, animated by the principles of the rule of law and the welfare state and raising the respect to the value of man as the primary obligation of the state, fully expressed the acquis of post-war European constitutionalism, and, indeed, considering the institutional backwardness of the Country at the political level during the first decades following World War II, signaled a real advance in that direction, By choosing as the country s form of government that of a parliamentary republic, the constituent legislator not only followed the choice and the mandate of the People regarding Syntagma uk new :18 ÂÏ 8 the form of the democratic regime, but also, learning from the Country s recent history, placed particular emphasis on the fact that the Chief of State should be elected. At the same time, it endowed the country s constitutional charter with a grid of fundamental rights which placed it among the most modern of European constitutions. In such a way individual liberties and social rights were protected in a manner fully corresponding to the demands of a liberal, democratic and welfare state, as such a state is understood in our era. Already, the Country s constitutional charter has completed thirty years of life. Throughout this time it provided the frame for the deployment of a normal political life, in the process of which the political powers contributed conclusively to the establishment of the system of values characterizing a liberal, socially oriented, parliamentary republic. During these years the Constitution of 1975 witnessed three revisions. The first (in 1986), which took place eleven years after its entry into force, was limited, as it focused on the institution of the President of the Republic, whose powers as a regulator of government it significantly limited. The second revision (2001), which took place fifteen years later, was rather extensive and was, to a great extent, the result of the consensus of, particularly, the two major political parties in the national assembly. The novelties adopted focused mainly on the broadening of the protection of individual rights, the bolstering of the institutions of the welfare state, the upgrading of local self government, the adaptation of disqualifications and incompatibilities relative to the election to 8 Syntagma uk new :18 ÂÏ 9 the parliamentary mandate to the reality and the case-law developed by the Special Highest Court, the modernization of the Parliament s functioning, the raising to constitutional status of the most important independent authorities. The second revision of the Constitution also focused on an extensive reform in the field of Justice. Within this context a new clause is of special importance, which provides that it is mandatory to refer any statute which has been judged to be contrary to the Constitution by a section of the Supreme Administrative Court or the Supreme Civil and Criminal Court or the Court of Audit, to their respective plenum, in order for them to decide definitively on the issue. The third revision of the Constitution (in 2008), which provided the occasion for the publication at hand, was announced as extensive as well. However, for reasons whose assessment lies within the competence of constitutional and political history, it ended up being limited to the adoption of just a few of the points of the proposal, while, due to the rigid nature of the Constitution, issues of major importance were left to be addressed at the distant future. Among the amendments accepted, it is worth noting the abolition of the incompatibility of the parliamentary mandate with the exercise of a profession which had been introduced during the revision of the year 2001, the addition of a clause which mandates the legislator and the Public Administration to take particular care of the insular and mountainous regions of the country when they introduce measures of development, the provision which, under certain conditions, gives Parliament the right to propose amendments to particular items of the state 9 Syntagma uk new :18 ÂÏ 10 budget, but also the introduction of a special process for the monitoring by the Parliament of the execution of the budget. Since it entered into force, the Country s constitutional charter has continuously contributed, as a firm point of reference, to the shaping of the political system and to the consolidation of the democratic institutions in the conscience of all. ΤΗΕ SPEAKER OF THE PARLIAMENT DIMITRIOS G. SIOUFAS Syntagma uk new :18 ÂÏ 11 TABLE OF CONTENTS PART ONE Basic Provisions SECTION I The form of Government Article 1. The form of government Principal obligations of the State...18 SECTION II Relations of Church and State Article 3. Relations of Church and State...18 Article PART TWO Individual and Social Rights 4. Equality of Greeks Free development of personality A. The right to information Illegal detention Nullum crimen sine lege. Prohibition of torture and of general confiscation The principle of natural judge The inviolability of home and of private life A. The protection of personal data The right of petition The right of assembly The right of association The freedom of religion The freedom of expression and of the press Mass media Education, art, science Syntagma uk new :18 ÂÏ Protection of private property; expropriation Protection of property, special cases; requisition Secrecy of correspondence The right to legal protection Protection of family, marriage, motherhood and youth The right of work. Social security The freedom to unionise. The right to strike Protection of the environment Protection and exercise of the fundamental rights...41 PART THREE Organization and functions of the State SECTION I Structure of the State Article 26. Separation of powers Change in the boundaries of the Country. Foreign military forces Rules of international law. International organizations Political parties...44 SECTION II The President fo the Republic Chapter one Election of the President Article 30. The President regulates the function of the State institutions. Presidential Tenure Conditions of eligibility Election of the President Installation in office Replacement...49 Chapter two Powers and liability from the acts of the President Article 35. Validity of the President s acts. Countersignature Syntagma uk new :18 ÂÏ International representation of the State; international conventions Appointment of Prime Minister and Government Cabinet s dismissal [Repealed] Convocation of Parliament. Suspension of sessions Dissolution of Parliament Promulgation and publication of statutes Issuance of decrees Acts of legislative content. Referendum. Messages to the people Commander in chief of the Nation s Armed Forces Appointment and dismissal of public servants. Established decorations Pardon and amnesty State of siege...60 Chapter three Special liabilities of the President of the Republic Article 49. Liability of the President of the Republic Presumption of competence...63 SECTION III Parliament Chapter one Election and composition of Parliament Article 51. Election of the M.P. The right to vote Free expression of the popular will Parliamentary term Electoral system; election districts; Members of Parliament elected at large...65 Chapter two Disqualifications and incompatibilities Article 55. Qualifications Eligibility Syntagma uk new :19 ÂÏ Acts incompatible with the duties of M.P Judicial control of parliamentary elections...70 Chapter three Duties and rights of Members of Parliament Article 59. Oath Freedom of opinion and right to vote; resignation from parliamentary office Non-prosecution for opinion or vote cast Parliamentary immunity Remuneration, exemptions, absence...73 Chapter four Organization and functioning of the Parliament Article 64. Regular session Standing Orders and Presidium of Parliament Publicity of the sittings Quorum and majorities Parliamentary and investigation committees Reports addressed to the Parliament Plenum and Sections: legislative work; parliamentary control Vacation Section Competence of the Plenum and the Sections...79 Chapter five The legislative function of Parliament Article 73. The right to introduce Bills Procedure for the introduction of a Bill for debate Bills resulting in burdening the State budget Debate and voting of the Bills Authentic interpretation of statutes Syntagma uk new :19 ÂÏ 15 Chapter six Tax and fiscal administration Article 78. Taxation statutes Budget, financial statement, general balance sheet of the State Salaries, pensions. Currency...87 SECTION IV The Government Chapter one Composition and function of the Government Article 81. The Cabinet Government and Prime Minister Ministers and Undersecretaries...89 Chapter two Relations between Parliament and the Government Article 84. Motion of confidence Liability of Ministers Court judging liability of Ministers...91 SECTION V The Judicial Power Chapter one Magistrates and Staff Article 87. Judicial independence Guarantees of the independence of justice Incompatibilities of magistrates The Supreme Judicial Council The Supreme Disciplinary Council Civil servants of courts offices, notaries public, registrars of mortgages and property transfers, directors of land registry offices Chapter two Organization and Jurisdiction of the Courts Article 93. Courts Jurisdiction of civil and administrative courts Syntagma uk new :19 ÂÏ Supreme Administrative Court Criminal justice Mixed jury courts Court of Audit Suits for faulty wrongful judgement Special Highest Court Α. Legal Council of the State SECTION VI Administration Chapter one Organization of the Administration Article 101. Administrative decentralization A. Independent authorities Local government agencies Chapter two Status of administrative agents Article 103. Civil servants Restrictions concerning civil servants Chapter three Regime of Aghion Oros (Mount Athos) Article 105. Regime of Aghion Oros PART FOUR Special, Final and Transitory Provisions SECTION I Special Provisions Article 106. State and national economy Protection of foreign capital and special economic legislation Emigrant Greeks Will, codicil, donation benefiting the State Syntagma uk new :19 ÂÏ 17 SECTION II Revision of the Constitution Article 110. Revision of the Constitution SECTION III Transitory Provisions Article 111. Previous provisions contrary to the Constitution Promulgation of statute provided by the Constitution Enactment of the Standing Orders Election of the first President of the Republic; provisional President of the Republic Transitory provisions Existing provisions contrary to the principle of equality Transitory and special laws concerning property, forests, expropriation and residential areas Transitory provisions concerning magistrates Annulment of certain areas SECTION IV Final Provision Article 120. Coming into force of the Constitution. The right to resist SUBJECT INDEX Syntagma uk new :19 ÂÏ 18 Syntagma uk new :19 ÂÏ 19 THE CONSTITUTION OF GREECE In the name of the Holy and Consubstantial and Indivisible Trinity PART ONE Basic Provisions SECTION I The Form of Government Article 1 1. The form of government of Greece is that of a parliamentary republic. 2. Popular sovereignty is the foundation of government. 3. All powers derive from the People and exist for the People and the Nation; they shall be exercised as specified by the Constitution. 19 Syntagma uk new :19 ÂÏ 20 Article 2 1. Respect and protection of the value of the human being constitute the primary obligations of the State. 2. Greece, adhering to the generally recognised rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and States. SECTION II Relations of Church and State Article 3 1. The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observing unwaveringly, as they do, the holy apostolic and synodal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions of the Patriarchal Tome of June 29, 1850 and the Synodal Act of September 4, The ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph. 3. The text of the Holy Scripture shall be 20 Syntagma uk new :19 ÂÏ 21 maintained unaltered. Official translation of the text into any other form of language, without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited. PART TWO Individual and Social Rights Article 4 1. All Greeks are equal before the law. 2. Greek men and women have equal rights and equal obligations. 3. All persons possessing the qualifications for citizenship as specified by law are Greek citizens. Withdrawal of Greek citizenship shall be permitted only in case of voluntary acquisition of another citizenship or of undertaking service contrary to national interests in a foreign country, under the conditions and procedures more specifically provided by law. 4. Only Greek citizens shall be eligible for public service, except as otherwise provided by special laws. 5. Greek citizens contribute without distinction to public charges in proportion to their means. 6. Every Greek capable of bearing arms is obliged to contribute to the defence of the Fatherland as provided by law. 7. Titles of nobility or distinction are neither conferred upon nor recognized in Greek citizens. 21 Syntagma uk new :19 ÂÏ 22 ** Interpretative clause: The provision of paragraph 6 does not preclude that the law provides for the mandatory performance of other services, within or outside the armed forces (alternative service), by those having a substantiated conscientious objection to performing armed service or, generally, military duties. Article 5 1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages. 2. All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. 3. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. ** 4. Individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emer- ** Two asterisks indicate the provisions or interpreratives clauses revised in Syntagma uk new :19 ÂÏ 23 gency and only in order to prevent the commitment of criminal acts, as specified by law. ** 5. All persons have the right to the protection of their health and of their genetic identity. Matters relating to the protection of every person against biomedical interventions shall be specified by law. Interpretative clause: Paragraph 4 does not preclude the prohibition of exit from the country for persons being prosecuted on criminal charges by act of the public prosecutor, or the imposition of measures necessary for the protection of public health or the health of sick persons, as specified by law. ** Article 5A 1. All persons have the right to information, as specified by law. Restrictions to this right may be imposed by law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. 2. All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9A and 19. Article 6 1. No person shall be arrested or imprisoned without a reasoned judicial warrant which must be served at the moment of arrest or 23 Syntagma uk new :19 ÂÏ 24 detention pending trial, except when caught in the act of committing a crime. 2. A person who is arrested in the act of committing a crime or on a warrant shall be brought before the competent examining magistrate within twenty-four hours of his arrest at the latest; should the arrest be made outside the seat of the examining magistrate, within the shortest time required to transfer him thereto. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time-limit shall be extended by two days. 3. Should either of these time-limits elapse before action has been taken, any warden or other officer, civil or military servant, responsible for the detention of the arrested person must release him immediately. Violators shall be punished for illegal detention and shall be liable to restore any damage caused to the sufferer and to pay him a monetary compensation for pain and suffering, as specified by law. ** 4. The maximum duration of detention pending trial shall be specified by law; such detention may not exceed a period of one year in the case of felonies or six mo
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