Greece 1975 Constitution (reviewed 2008) - Page 3 of 4

Table of Contents

PART 3. Organization and Functions of the State

SECTION I. Structure of the State

Article 26

The legislative powers shall be exercised by the Parliament and the President of the Republic.
The executive powers shall be exercised by the President of the Republic and the Government.
The judicial powers shall be exercised by courts of law, the decisions of which shall be executed in the name of the Greek People.

Article 27

No change in the boundaries of the Country can be made without a statute passed by an absolute majority of the total number of Members of Parliament.
Foreign military forces are not acceptable on Greek territory, nor may they remain in or traverse it, except as provided by law passed by an absolute majority of the total number of Members of Parliament.

Article 28

The generally recognised rules of international law, as well as international conventions as of the time they are ratified by statute and become operative according to their respective conditions, shall be an integral part of domestic Greek law and shall prevail over any contrary provision of the law. The rules of international law and of international conventions shall be applicable to aliens only under the condition of reciprocity.
Authorities provided by the Constitution may by treaty or agreement be vested in agencies of international organizations, when this serves an important national interest and promotes cooperation with other States. A majority of three-fifths of the total number of Members of Parliament shall be necessary to vote the law ratifying the treaty or agreement.
Greece shall freely proceed by law passed by an absolute majority of the total number of Members of Parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is effected on the basis of the principles of equality and under the condition of reciprocity.

Interpretative clause

‘Article 28’ constitutes the foundation for the participation of the Country in the European integration process.

Article 29

Greek citizens possessing the right to vote may freely found and join political parties, the organization and activity of which must serve the free functioning of democratic government.Citizens who have not yet acquired the right to vote may participate in youth sections of parties.
Political parties are entitled to receive financial support by the State for their electoral and operating expenses, as specified by law. A statute shall specify the guarantees of transparency concerning electoral expenses and, in general, the financial management of political parties, of Members of Parliament, parliamentary candidates and candidates for all degrees of local government. A statute shall impose the maximum limit of electoral expenses, may prohibit certain forms of pre-electoral promotion and shall specify the conditions under which violation of the relevant provisions constitutes a ground for the forfeiture of parliamentary office on the initiative of the special body of the following section. The audit of the electoral expenses of political parties and parliamentary candidates is carried out by a special body which is constituted also with the participation of senior magistrates, as specified by law. A law may also extend these regulations to candidates for other offices held through election.
Manifestations of any nature whatsoever in favour of or against a political party by magistrates and by those serving in the armed forces and the security corps, are absolutely prohibited. In the exercise of their duties, manifestations of any nature whatsoever in favour of or against a political party by public servants, employees of local government agencies, of other public law legal persons or of public enterprises or of enterprises of local government agencies or of enterprises whose management is directly or indirectly appointed by the State, by administrative act or by virtue of its capacity as shareholder, are absolutely prohibited.

SECTION II. The President of the Republic

CHAPTER 1. Election of the President

Article 30

1.

The President of the Republic shall regulate the function of the institutions of the Republic. He shall be elected by Parliament for a term of five years, as specified in articles 32 and 33.

The office of the President shall be incompatible with any other office, position or function.
The presidential tenure commences upon the swearing-in of the President.
In case of war, the presidential tenure shall be extended until termination of the war.
Re-election of the same person as President is permitted only once.

Article 31

President of the Republic may be elected a person who is a Greek citizen for at least five years, is of Greek descent from the father’s or mother’s line, has attained the age of forty and has the capacity to vote.

Article 32

The President of the Republic shall be elected by the Parliament through vote by roll call in a special sitting called for this purpose by the Speaker at least one month before the expiration of the tenure of the incumbent President, as specified by the Standing Orders.In case of permanent incapacity of the President of the Republic to discharge his duties, as specified in paragraph 2 of article 34, as well as in case of his resignation, demise, or removal from office in accordance with the provisions of the Constitution, the sitting of Parliament in order to elect a new President is called within ten days at the latest from the premature termination of the tenure of office by the previous President.
In all cases, the election of a President shall be made for a full term.
The person receiving a two-thirds majority of the total number of Members of Parliament shall be elected President of the Republic.Should the said majority not be attained, the ballot shall be repeated after five days.
Should the second ballot fail to produce the required majority, the ballot shall once more be repeated after five days; the person receiving a three-fifths majority of the total number of Members of Parliament shall be elected President of the Republic.
Should the third ballot fail to produce the said qualified majority, Parliament shall be dissolved within ten days of the ballot, and elections for a new Parliament shall be called.As soon as the Parliament thus elected shall have constituted itself as a body, it shall proceed through vote by roll call to elect the president of the Republic by a three-fifths majority of the total number of Members of Parliament.
Should the said majority not be attained, the ballot shall be repeated within five days and the person receiving an absolute majority of the votes of the total number of Members of Parliament shall be elected President of the Republic. Should this majority also not be attained, the ballot shall once more be repeated after five days between the two persons with the highest number of votes, and the person receiving a relative majority shall be deemed elected President of the Republic.
Should the Parliament be absent, a special session shall be convoked to elect the President of the Republic, as specified in paragraph 4.If the Parliament has been dissolved in any way whatsoever, the election of the President of the Republic shall be postponed until the new Parliament shall have constituted itself as a body and within twenty days at the latest thereof, as specified in paragraphs 3 and 4 and in adherence with the provisions of paragraph I of article 34.
Should the procedure specified under the preceding paragraphs for the election of a new President not be completed on time, the incumbent President of the Republic shall continue to discharge his duties even after his term of office has expired, until a new President of the Republic is elected.

Interpretative clause

A President of the Republic who has resigned prior to the expiration of his tenure may not be a candidate in the elections resulting from his resignation.

Article 33

The President-elect shall assume the exercise of his duties on the day following the expiration of the term of the outgoing President or, in all other cases, on the day following his election.
Before assuming the exercise of his duties, the President of the Republic shall take the following oath before Parliament:”I do swear in the name of the Holy and Consubstantial and Indivisible Trinity to safeguard the Constitution and the laws, to care for the faithful observance thereof, to defend the national independence and territorial integrity of the Country, to protect the rights and liberties of the Greeks and to serve the general interest and the progress of the Greek People”.
A statute shall provide for the civil list of the President of the Republic and the functioning of services necessary for the discharge of his duties.

Article 34

Should the President of the Republic be absent abroad for more than ten days, or be deceased or resign or be removed from office or be incapable on any ground for the discharge of his duties, he shall be temporarily replaced by the Speaker of the Parliament; or if there is no Parliament, by the Speaker of the preceding Parliament and, should the latter refuse or not exist, by the Cabinet collectively.During the term of replacement of the President, the provisions concerning the dissolution of Parliament, except in the case specified in article 32 paragraph 4, as well as the provisions relating to the dismissal of the Cabinet and recourse to a referendum as specified in article 38 paragraph 2 and article 44 paragraph 2, shall not be applicable.
Should the incapacity of the President of the Republic to discharge his duties be prolonged for a period exceeding thirty days, the Parliament is mandatorily convoked even if it has been dissolved, for the purpose of deciding, by a three-fifths majority of the total number of its members, if the situation calls for the election of a new President. In no case however may the election of a new President of the Republic be delayed for more than six months from the commencement of his replacement due to his incapacity.

CHAPTER 2. Powers and liability from the acts of the President

Article 35

No act of the President of the Republic shall be valid nor be executed unless it has been countersigned by the competent Minister who, by his signature alone shall be rendered responsible, and unless it has been published in the Government Gazette.If the Cabinet has been relieved of its duties as provided by article 38 paragraph 1, and the Prime Minister fails to countersign the relative decree, this shall be signed by the President of the Republic alone.
By exception, the following acts shall not require countersignature:
1. The appointment of the Prime Minister,
2. The assignment of an exploratory mandate in accordance with article 37, paragraphs 2, 3 and 4,
3. The dissolution of the Parliament in accordance with articles 32 paragraph 4, and 41 paragraph 1, if the Prime Minister fails to countersign, and in accordance with article 53 paragraph 1 if the Cabinet fails to countersign,
4. The return to Parliament of a voted Bill or law proposal in accordance with article 42 paragraph 1,
5. The staff appointments to the administrative services of the Presidency of the Republic.
The decree to proclaim a referendum on a Bill, as provided by article 44 paragraph 2, shall be countersigned by the Speaker of the Parliament.

Article 36

The President of the Republic, complying absolutely with the provisions of article 35 paragraph 1, shall represent the State internationally, declare war, conclude treaties of peace, alliance, economic cooperation and participation in international organizations or unions and he shall announce them to the Parliament with the necessary clarifications, whenever the interest and the security of the State thus allow.
Conventions on trade, taxation, economic cooperation and participation in international organizations or unions and all others containing concessions for which, according to other provisions of this Constitution, no provision can be made without a statute or which may burden the Greeks individually, shall not be operative without ratification by a statute voted by the Parliament.
Secret articles of a treaty may in no case reverse the open ones.
The ratification of international treaties may not be the object of delegation of legislative power as specified in article 43 paragraphs 2 and 4.

Article 37

The President of the Republic shall appoint the Prime Minister and on his recommendation shall appoint and dismiss the other members of the Cabinet and the Undersecretaries.
The leader of the party having the absolute majority of seats in Parliament shall be appointed Prime Minister. If no party has the absolute majority, the President of the Republic shall give the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a Government enjoying the confidence of the Parliament.
If this possibility cannot be ascertained, the President of the Republic shall give the exploratory mandate to the leader of the second largest party in Parliament, and if this proves to be unsuccessful, to the leader of the third largest party in Parliament. Each exploratory mandate shall be in force for three days. If all exploratory mandates prove to be unsuccessful, the President of the Republic summons all party leaders, and if the impossibility to form a Cabinet enjoying the confidence of the Parliament is confirmed, he shall attempt to form a Cabinet composed of all parties in Parliament for the purpose of holding parliamentary elections. If this fails, he shall entrust the President of the Supreme Administrative Court or of the Supreme Civil and Criminal Court or of the Court of Audit to form a Cabinet as widely accepted as possible to carry out elections and dissolves Parliament.
In cases that a mandate to form a Cabinet or an exploratory mandate is given in accordance with the aforementioned paragraphs, if the party has no leader or party spokesman, or if the leader or party spokesman has not been elected to Parliament, the President of the Republic shall give the mandate to a person proposed by the party’s parliamentary group. The proposal for the assignment of a mandate must occur within three days of the Speaker’s or his Deputy’s communication to the President of the Republic about the number of seats possessed by each party in Parliament; the aforesaid communication must take place before any mandate is given.

Interpretative clause

As far as exploratory mandates are concerned, when parties have an equal number of seats in Parliament, the one having acquired more votes at the elections, precedes the other. A recently formed party with a parliamentary group, as provided by the Standing Orders of Parliament, follows an older one with an equal number of seats. In both these instances, exploratory mandates cannot be given to more than four parties.

Article 38

The President of the Republic shall relieve the Cabinet from its duties if the Cabinet resigns, or if Parliament withdraws its confidence, as specified in article 84. In such cases, the provisions of paragraphs 2, 3 and 4 of article 37 are analogously applied.If the Prime Minister of the resigned Cabinet is also the leader or party spokesman of the party with an absolute majority of the total number of Members in Parliament, then the provision of article 37 paragraph 3, section c is analogously applied.
Should the Prime Minister resign, be deceased or be unable to discharge his duties due to reasons of health, the President of the Republic shall appoint as Prime Minister the person proposed by the parliamentary group of the party to which the departing Prime Minister belongs, provided that this has the absolute majority of the seats in Parliament. The proposal is made within three days at the latest from the resignation or demise of the Prime Minister or from the ascertainment of his inability to discharge his duties. In case no political party has the absolute majority of the seats in Parliament, paragraph 4 is analogously applied, followed by the second section of paragraph 2 and by paragraph 3 of the preceding article.The inability of the Prime Minister to discharge his duties due to reasons of health is ascertained by the Parliament by virtue of a special decision, taken with the absolute majority of the total number of Members of Parliament, following a proposal by the parliamentary group of the party to which the Prime Minister belongs, provided that this has the absolute majority of the seats in Parliament. In every other case, the proposal is submitted by at least two fifths of the total number of Members of Parliament.
Until the appointment of the new Prime Minister, the duties of the Prime Minister are exercised by the first in order Deputy Prime Minister and, in case no Deputy Prime Ministers have been appointed, by the first in order Minister.

Interpretative clause

The provision of paragraph 2 is also applied in the case of replacement of the President of the Republic, as provided in article 34.

Article 39

[Repealed]

Article 40

The President of the Republic shall convoke Parliament to a regular session once a year as specified in article 64 paragraph 1 and to an extraordinary session whenever he shall judge this to be reasonable, and he shall proclaim the commencement and termination of each parliamentary term in person or through the Prime Minister.
The President of the Republic may suspend a parliamentary session only once, either by postponing its commencement or by adjourning it.
Suspension of a session may not be extended beyond a period of thirty days, nor may such suspension be repeated during the same session without the consent of Parliament itself.

Article 41

The President of the Republic may dissolve the Parliament when two Governments have resigned or have been voted down by Parliament and its composition fails to guarantee governmental stability. Elections are held by the Government enjoying the confidence of the dissolving Parliament. In all other cases the third section of paragraph 3 of article 37 is analogously applied.
The President of the Republic shall dissolve the Parliament on the proposal of the Cabinet which has received a vote of confidence, for the purpose of renewing the popular mandate, in view of dealing with a national issue of exceptional importance. Dissolution of the new Parliament for the same issue is precluded.
The decree concerning the dissolution of the Parliament, countersigned in the case of the preceding paragraph by the Cabinet, must contain a proclamation of elections within thirty days and the convocation of the new Parliament within another thirty days of the elections.
The Parliament elected following the dissolution of the previous one, may not be dissolved before the lapse of one year from its opening session except in those cases described in article 37 paragraph 3 and paragraph 1 of the present article.
The dissolution of the Parliament shall be compulsory in the case specified in article 32 paragraph 4.

Interpretative clause

In all cases and without any exception, the decree concerning the dissolution of Parliament must contain a proclamation of elections to be held within thirty days and the convocation of the new Parliament within thirty days of the elections.

Article 42

The President of the Republic shall promulgate and publish the statutes passed by the Parliament within one month of the vote. The President of the Republic may, within the time limit provided for in the preceding sentence, send back a Bill passed by Parliament, stating his reasons for this return.
A Bill sent back to Parliament by the President of the Republic shall be introduced to the Plenum and, if it is passed again by an absolute majority of the total number of members, following the procedure provided in article 76 paragraph 2, the President of the Republic is bound to promulgate and publish it within ten days of the second vote.
[Paragraph 3 repealed].

Article 43

The President of the Republic shall issue the decrees necessary for the execution of statutes: he may never suspend the application of laws nor exempt anyone from their execution.
The issuance of general regulatory decrees, by virtue of special delegation granted by statute and within the limits of such delegation, shall be permitted on the proposal of the competent Minister. Delegation for the purpose of issuing regulatory acts by other administrative organs shall be permitted in cases concerning the regulation of more specific matters or matters of local interest or of a technical and detailed nature.
[Paragraph 3 repealed by the 1986 Amendment].
By virtue of statutes passed by the Plenum of the Parliament, delegation may be given for the issuance of general regulatory decrees for the regulation of matters specified by such statutes in a broad framework. These statutes shall set out the general principles and directives of the regulation to be followed and shall set time-limits within which the delegation must be used.
Matters which, as specified in article 72 paragraph 1, belong to the competence of the plenary session of the Parliament, cannot be the object of delegation as specified in the preceding paragraph.

Article 44

Under extraordinary circumstances of an urgent and unforeseeable need, the President of the Republic may, upon the proposal of the Cabinet, issue acts of legislative content. Such acts shall be submitted to Parliament for ratification, as specified in the provisions of article 72 paragraph 1, within forty days of their issuance or within forty days from the convocation of a parliamentary session. Should such acts not be submitted to Parliament within the above time-limits or if they should not be ratified by Parliament within three months of their submission, they will henceforth cease to be in force.
The President of the Republic shall by decree proclaim a referendum on crucial national matters following a resolution voted by an absolute majority of the total number of Members of Parliament, taken upon proposal of the Cabinet.A referendum on Bills passed by Parliament regulating important social matters, with the exception of the fiscal ones shall be proclaimed by decree by the President of the Republic, if this is decided by three-fifths of the total number of its members, following a proposal of two-fifths of the total number of its members, and as the Standing Orders and the law for the application of the present paragraph provide. No more than two proposals to hold a referendum on a Bill can be introduced in the same parliamentary term.
Should a Bill be voted, the time-limit stated in article 42 paragraph I begins the day the referendum is held.
The President of the Republic may under exceptional circumstances address messages to the People with the consent opinion of the Prime Minister. Those messages should be countersigned by the Prime Minister and published in the Government Gazette.

Article 45

The President of the Republic is the commander in chief of the Nation’s Armed Forces, the command of which shall be exercised by the Government, as specified by law. The President shall also confer ranks on those serving therein, as specified by law.

Article 46

The President of the Republic shall appoint and dismiss public servants, in accordance with the law, except in cases specified by law.
The President of the Republic shall confer the established decorations in accordance with the provisions of the relevant law.

Article 47

The President of the Republic shall have the right, pursuant to a recommendation by the Minister of Justice and after consulting with a council composed in its majority of judges, to grant pardons, to commute or reduce sentences pronounced by the courts, and to revoke all consequences at law of sentences pronounced and served.
The President of the Republic shall have the right to grant pardon to a Minister convicted as provided in article 86, only with the consent of Parliament.
Amnesty may be granted only for political crimes, by statute passed by the Plenum of the Parliament with a majority of three-fifths of the total number of members.
Amnesty for common crimes may not be granted even by law.

Article 48

In case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of an armed coup aiming to overthrow the democratic regime, the Parliament, issuing a resolution upon a proposal of the Cabinet, puts into effect throughout the State, or in parts thereof the statute on the state of siege, establishes extraordinary courts and suspends the force of the provisions of articles 5 paragraph 4, 6, 8, 9, 11, 12 paragraphs 1 to 4 included, 14, 19, 22 paragraph 3, 23, 96 paragraph 4, and 97, in whole or in part. The President of the Republic publishes the resolution of Parliament.The resolution of Parliament determines the duration of the effect of the imposed measures, which cannot exceed fifteen days.
If the Parliament is absent or if it is objectively impossible that it be convoked in time, the measures mentioned in the preceding paragraph are taken by presidential decree issued on the proposal of the Cabinet. The Cabinet shall submit the decree to Parliament for approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than fifteen days.
The duration of the measures mentioned in the preceding paragraphs may be extended every fifteen days, only upon resolution passed by the Parliament which must be convoked regardless of whether its term has ended or whether it has been dissolved.
The measures specified in the preceding paragraphs are lifted ipso jure with the expiration of the time-limits specified in paragraphs 1, 2 and 3, provided that they are not extended by a resolution of Parliament, and in any case with the termination of war if this was the reason of their imposition.
From the time that the measures referred to in the previous paragraphs come into effect, the President of the Republic may, following a proposal of the Cabinet, issue acts of legislative content to meet emergencies, or to restore as soon as possible the functioning of the constitutional institutions. Those acts shall be submitted to Parliament for ratification within fifteen days of their issuance or of the convocation of Parliament in session. Should they not be submitted to Parliament within the abovementioned time-limit, or not be approved by it within fifteen days of their submission, they cease henceforth to be in force. The statute on the state of siege may not be amended during its enforcement.
The resolutions of Parliament referred to in paragraphs 2 and 3 shall be adopted by a majority of the total number of members, and the resolution mentioned in paragraph 1 by a three-fifths majority of the total number of members. Parliament must decide these matters in only one sitting.
Throughout the duration of the application of the measures of the state of emergency taken in accordance with the present article, the provisions of articles 61 and 62 of the Constitution shall apply ipso jure regardless of whether Parliament has been dissolved or its term has ended.

CHAPTER 3. Special Liabilities of the President of the Republic

Article 49

The President of the Republic shall in no case be held liable for acts performed in the discharge of his duties, except only for high treason or intentional violation of the Constitution. For acts not related to the discharge of his duties, prosecution shall be suspended until the expiration of the presidential term.
A proposal to bring charges against and impeach the President of the Republic shall be submitted to Parliament signed by at least one-third of its members and shall require for its adoption a resolution by two-thirds majority of the total number of its members.
If the proposal is adopted, the President of the Republic shall be arraigned before the court specified in article 86, the provisions of which shall be accordingly applicable in this case.
As of his arraignment, the President of the Republic shall abstain from the discharge of his duties, and shall be replaced as specified in article 34. He shall resume his duties if his term has not expired, as of the issuance of his acquittal by the court specified in article 86.
The implementation of the provisions of the present article shall be provided by law enacted by the Parliament in a plenary session.

Article 50

The President of the Republic shall have no powers other than those explicitly conferred upon him by the Constitution and the laws concurrent herewith.

SECTION III. Parliament

CHAPTER 1. Election and Composition of Parliament

Article 51

The number of the Members of Parliament shall be specified by statute; it cannot, however, be below two hundred or over three hundred.
The Members of Parliament represent the Nation.
The Members of Parliament shall be elected through direct, universal and secret ballot by the citizens who have the right to vote, as specified by law. The law cannot abridge the right to vote except in cases where a minimum age has not been attained or in cases of legal incapacity or as a result of irrevocable criminal conviction for certain felonies.
Parliamentary elections shall be held simultaneously throughout the Country. Matters pertaining to the exercise of the right to vote by persons living outside the Country may be specified by statute, adopted by a majority of two thirds of the total number of Members of Parliament. Concerning such persons, the principle of simultaneously holding elections does not impede the exercise of their right to vote by postal vote or by other appropriate means, provided that the counting of votes and the announcement of the results is carried out when this is also carried out across the Country.
The exercise of the right to vote is compulsory.

Article 52

The free and unfalsified expression of the popular will as an expression of popular sovereignty, shall be guaranteed by all State officers, who shall be obliged to ensure such under all circumstances. Criminal sanctions for violations of this provision shall be specified by law.

Article 53

The Members of Parliament shall be elected for a term of four consecutive years, commencing on the day of the general elections. Upon expiration of the parliamentary term, there shall be proclaimed by presidential decree countersigned by the Cabinet, general parliamentary elections to be held within thirty days and the convocation of the new Parliament in regular session within another thirty days.
A parliamentary seat that has become vacant during the last year of a parliamentary term shall not be filled by a by-election, where such is required by law, as long as the number of vacant seats does not exceed one-fifth of the total number of the Members of Parliament.
In case of war, the parliamentary term shall be extended for the entire duration thereof. If Parliament has been dissolved, elections shall be postponed until the termination of the war and the Parliament dissolved shall be recalled ipso jure until that time.

Article 54

The electoral system and constituencies are specified by statute which shall be applicable as of the elections after the immediately following ones, unless an explicit provision, adopted by a majority of two thirds of the total number of Members of Parliament, provides for its immediate application as of the immediately following elections.
The number of Members of Parliament elected in each constituency is specified by presidential decree on the basis of the legal population thereof, deriving, according to the latest census, from the persons registered in the relevant municipal rolls, as specified by law.The results of the census are considered to have been published on the basis of the data of the competent service, after one year has elapsed from the last day on which the census was conducted.
Part of the Parliament, comprising not more than the one twentieth of the total number of its members, may be elected throughout the Country at large in proportion to the total electoral strength of each party throughout the Country, as specified by law.

CHAPTER 2. Disqualifications and Incompatibilities for Members of Parliament

Article 55

To be elected as Member of Parliament, one must be a Greek citizen, have the legal capacity to vote and have attained the age of twenty-five years on the day of the election.
A Member of Parliament deprived of any of the above qualifications shall forfeit his parliamentary office ipso jure.

Article 56

Salaried civil functionaries and servants, other servants of the State, persons serving in the armed forces and the security corps, servants of local government agencies or of other public law legal persons, elected single-member organs of local government agencies, governors, deputy governors or chairmen of the boards of directors or managing or executive directors of public law legal persons or of state controlled legal entities of private law or of public enterprises or of enterprises whose management the State appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder, or of local government enterprises, may neither stand for election nor be elected to Parliament if they do not resign prior to their nomination as candidates. Resignation is effective merely upon being submitted in writing. Militaries who have resigned are barred from returning to active service. Higher elected single-person organs of local government agencies of the second degree, may not stand for election nor be elected to Parliament throughout the term for which they have been elected, even if they resign.
Professors of institutions of university level are exempt from the restrictions of the preceding paragraph. The exercise of the duties of professor shall be suspended for the duration of the parliamentary term and the manner of replacement of professors elected to Parliament shall be specified by law.
The following persons may not stand for election nor be elected to Parliament in the electoral district where they served or in any constituency to which their local powers extended during the last eighteen months of the four-year parliamentary term:
1. Governors, deputy governors, chairmen of the boards of directors, managing and executive directors of public law legal persons, with the exception of associations, of state-owned private law legal persons and of public enterprises or of enterprises whose management the State appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder.
2. Members of independent authorities which are constituted and operate in accordance with article 1OA, as well as of the authorities designated by law as independent or regulatory.
3. High and highest-ranking officers of the armed forces and the security corps.
4. Salaried servants of the State, of local government agencies and their enterprises, as well as of the legal entities and enterprises falling under case (a) who held the post of head of an organic unit at the level of a directorate or a corresponding post, as specifically provided by law. Servants mentioned in the preceding section who exercise a larger local power are subject to the restrictions of this paragraph concerning constituencies other than those of their seat, only in case they were holding a post of head of unit at the level of general directorate or another corresponding level, as specifically provided by statute.
5. General or special Secretaries of ministries or of autonomous secretariats, general or regional administrations and all persons that the law equalises with these.
Persons nominated for State Deputies shall not be subject to the restrictions of this paragraph.
Civil servants and militaries, generally, having undertaken an obligation by law to remain in service for a certain period of time, may not stand for election nor be elected to Parliament while their obligation is in force.

Article 57

The duties of Member of Parliament are incompatible with the job or the capacity of owner or partner or shareholder or governor or administrator or member of the board of directors or general manager or a deputy thereof, of an enterprise that:
1. Undertakes Public works or studies or procurements or the provision of services to the State or concludes with State similar contacts of a development or investment nature
2. Enjoys special privileges
3. Owns or manages a radio or television station or publishes a newspaper of countrywide circulation in Greece
4. Exercises by concession a public service or a public enterprise or a public utility enterprise
5. Rents for commercial purposes real estate owned by the State
For the purposes of the application of this paragraph, local government agencies, other public law legal persons, state-owned private law legal persons, public enterprises, enterprises of local government agencies and other enterprises of local government agencies and other enterprises whose management the state appoints directly or indirectly by administrative act or by virtue of its capacity as shareholder, are equated to the State. A shareholder of an enterprise falling within the restrictions of this paragraph is every person possessing a percentage of more than one percent of its share capital.

By special law professional activities may be determined, beyond those mentioned in the previous sections, whose exercise is not permitted to Members of Parliament.

Violation of the provisions of the present paragraph shall result in the forfeiture from parliamentary office and in the nullity of the related contracts or acts, as specified by law.
Members of Parliament falling within the provisions of the first section of the preceding paragraph must, within eight days from the day on which their election becomes final, select between their parliamentary office and the above stated job or capacities. Should they fail to make the said statement within the above deadline, they shall forfeit their parliamentary office ipso jure.
Members of Parliament who accept any of the capacities or activities mentioned in this or in the preceding article and which are characterised as impediments to run for Parliament or as being incompatible with holding parliamentary office, shall forfeit that office ipso jure.
The manner of continuation or transfer or dissolution of contracts mentioned in paragraph 1 and undertaken by a Member of Parliament or by an enterprise to which he participated before his election, or undertaken in a capacity incompatible with his office, shall be specified by law.

Article 58

The hearing of objections raised against the validity of parliamentary elections and their verification concerning either electoral violations related to the conduct of the elections, or the lack of legal qualifications, is assigned to the Supreme Special Court of article 100.

CHAPTER 3. Duties and Rights of Members of Parliament

Article 59

Before undertaking the discharge of their duties, Members of Parliament shall take the following oath in the Chamber and in a public sitting.”I swear in the name of the Holy Consubstantial and Indivisible Trinity to keep faith in my Country and in the democratic form of government, obedience to the Constitution and the laws and to discharge conscientiously my duties”.
Members of Parliament who are of a different religion or creed shall take the same oath according to the form of their own religion or creed.
Members of Parliament proclaimed elected in the absence of Parliament shall take the oath in the Section in session.

Article 60

Members of Parliament enjoy unrestricted freedom of opinion and right to vote according to their conscience.
The resignation from parliamentary office is a right of the Member of Parliament and is effectuated as soon as the Member of Parliament submits a written declaration to the Speaker of the Parliament; this declaration is irrevocable.

Article 61

A Member of Parliament shall not be prosecuted or in any way interrogated for an opinion expressed or a vote cast by him in the discharge of his parliamentary duties.
A Member of Parliament may be prosecuted only for libel, according to the law, after leave has been granted by Parliament. The Court of Appeals shall be competent to hear the case. Such leave is deemed to be conclusively denied if Parliament does not decide within forty-five days from the date the charges have been submitted to the Speaker. In case of refusal to grant leave or if the time-limit lapses without action, no charge can be brought for the act committed by the Member of Parliament.This paragraph shall be applicable as of the next parliamentary session.
A Member of Parliament shall not be liable to testify on information given to him or supplied by him in the course of the discharge of his duties, or on the persons who entrusted the information to him or to whom he supplied such information.

Article 62

During the parliamentary term the Members of Parliament shall not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament. Likewise, a member of a dissolved Parliament shall not be prosecuted for political crimes during the period between the dissolution of Parliament and the declaration of the election of the members of the new Parliament.

Leave shall be deemed not granted if Parliament does not decide within three months of the date the request for prosecution by the public prosecutor was transmitted to the Speaker.

The three month limit is suspended during the Parliament’s recess.

No leave is required when Members of Parliament are caught in the act of committing a felony.

Article 63

For the discharge of their duties, Members of Parliament shall be entitled to receive compensation and expenses from the State; the amount of both shall be determined by the Plenum of the Parliament.
Members of Parliament shall enjoy exemption from transportation, postal and telephone charges, the extent of which shall be determined by decision of the Parliament in plenary session.
In case of unjustified absence of a member for more than five sittings per month, one-thirtieth of his monthly compensation shall be withheld for each absence.

CHAPTER 4. Organization and functioning of the Parliament

Article 64

The Parliament shall convene, ipso jure, on the first Monday of the month of October of each year in a regular session to conduct its annual business, unless convoked at an earlier date by the President of the Republic, in accordance with Article 40.
The duration of a regular session shall not be shorter than five months, not including the time of suspension specified in Article 40.A regular session is compulsorily extended until the budget is authorized in accordance with article 79 or until the special law provided in the same article is passed.

Article 65

Parliament shall determine the manner of its free and democratic operation by adopting its own Standing Orders; these shall be adopted by the Plenum as specified in Article 76 and shall be published in the Government Gazette on the order of the Speaker.
Parliament shall elect from among its members the Speaker and the other members of the Presidium as provided by the Standing Orders.
The Speaker and Deputy Speakers shall be elected at the beginning of each parliamentary term. This provision shall not apply to the Speaker and Deputy Speakers elected by the first session of the Fifth Revisionary Parliament.On a recommendation by fifty Members the Parliament may reprimand the Speaker or a member of the Presidium thus causing the termination of his tenure.
The Speaker directs the business of Parliament; he cares to ensure the unhindered conduct of the business, safeguards the freedom of opinion and expression of the Members of Parliament and the maintenance of order. He is entitled to resort even to disciplinary measures against a member misbehaving as specified by the Standing Orders.
A scientific service to the Parliament may be established through the Standing Orders to assist Parliament in its legislative work.
The Standing Orders shall determine the organization of the services of the Parliament under the supervision of the Speaker; all matters concerning its personnel shall likewise be regulated. Acts of the Speaker concerning the appointment and the professional status of the personnel of the Parliament shall be subject to recourse on points of act and points of law or petition for annulment lodged with the Supreme Administrative Court.

Article 66

The Parliament shall hold public sittings in the Chamber; however, upon the Government’s petition or upon the petition of fifteen Members of Parliament and pursuant to a majority decision reached in a closed meeting, the Parliament may deliberate behind closed doors. Thereafter Parliament shall resolve whether the debate on the same subject shall be repeated in an open sitting.
Ministers and Undersecretaries shall be free to attend the sittings of Parliament and shall be heard whenever they request the floor.
The Parliament and parliamentary committees may request the presence of Ministers or Undersecretaries when they discuss matters for which they are competent. Parliamentary committees may invite any person they consider useful to their work, informing the competent Minister accordingly. Parliamentary committees convene in public sittings, as specified by the Standing Orders; however, they may deliberate behind closed doors, following a request by the Government or by five Members of Parliament, if the majority so decides in a session behind closed doors. The parliamentary committee then decides whether the discussion on the same subject should be held again in a public sitting.

Article 67

Parliament cannot resolve without an absolute majority of the members present, which in no case may be less than one-fourth of the total number of the Members of Parliament.

In the case of a tie vote, the vote shall be repeated; in the case of a second tie the proposal shall be rejected.

Article 68

At the beginning of each regular session, Parliament shall set up standing parliamentary committees composed of Members of Parliament for the examination and processing of Bills and law proposals submitted, as specified by the Standing Orders of the Parliament.
Parliament shall set up investigation committees from among its members by a resolution supported by two-fifths of the total number of members, on the proposal of one-fifth of the total number of members.A parliamentary resolution adopted by an absolute majority of the total number of members shall be required in order to set up investigation committees on matters related to foreign policy and national defence.
Details pertaining to the composition and operation of such committees shall be provided by the Standing Orders.
Parliamentary and investigation committees, as well as Sections of Parliament specified in articles 70 and 71 shall be established in proportion to the strength of parties, groups and independents, as specified by the Standing Orders.

Article 69

No person shall appear at his own initiative before the Parliament to make an oral or written report. Reports shall be presented through a member or shall be handed over to the Speaker. Parliament shall have the right to forward any reports addressed thereto to the Ministers and Undersecretaries who shall be obliged to offer explanations when so requested.

Article 70

The Parliament shall conduct its legislative business in Plenum.
The Standing Orders of the Parliament shall provide for the exercise of the legislative work specified therein, to may also be conducted by the standing parliamentary committees which are established and function during the session, as specified by the Standing Orders and subject to the restrictions of article 72.
The Standing Orders of Parliament shall likewise determine the allocation of competences by Ministries among the standing parliamentary committees.
Unless otherwise stated, the provisions of the Constitution concerning the Parliament shall apply to its functioning in Plenum and in Section pursuant to article 71, as well as for the functioning of the parliamentary committees.
In order for the Section envisaged in article 71 and for the standing parliamentary committees to decide when exercising their legislative work in accordance with paragraph 2 of the present article, a majority of no less than two fifths of the number of their members is required.
Parliamentary control shall be exercised by the Plenum, as specified by the Standing Orders. The Standing Orders may provide the exercise of parliamentary control also by the Section envisaged in article 71, as well as by the standing parliamentary committees established and functioning during the session.
The Standing Orders shall specify the manner in which Members of Parliament who are on a Parliament or a Government mission abroad shall participate in voting.
The Standing Orders of Parliament shall specify the manner in which the Parliament is informed by the Government on issues being the object of regulation in the framework of the European Union, and debates on these.

Article 71

When Parliament is in recess, its legislative business, with the exception of statutes belonging to the competence of the Plenum as specified in Article 72, shall be conducted by a Section of Parliament, established and operating as specified in article 68 paragraph 3 and article 70.

The Standing Orders may provide for the examination of Bills by a Parliamentary Committee composed of members of the same Section.

Article 72

Parliament debates and votes in Plenum on its Standing Orders, on Bills and law proposals on the subjects of articles 3, 13, 27, 28 paragraphs 2 and 3, 29 paragraph 2, 33 paragraph 3, 48, 51, 54, 86, on Bills and proposals implementing the Constitution on the exercise and protection of individual rights, on Bills and law proposals on the authentic interpretation of the statutes as well as on every other matter referred to the Plenum by special provision of the Constitution or for the regulation of which a special majority is required.The Parliament in Plenum shall also vote the budget and the financial statement of the State and of Parliament.
Debates and votes on all other Bills or law proposals may be carried out during the session by the competent standing parliamentary committee, pursuant to the provisions of article 70. They are also carried out by the Section established and functioning pursuant to article 71 during the period in which Parliament is in recess, as specified by the Standing Orders.
The standing parliamentary committee assuming the voting of a Bill or law proposal may, by resolution adopted by the absolute majority of its members, refer any dispute over its competence to the Plenum. The resolution of the Plenum shall be binding on the committees.At least one week must intervene between submission of a Bill or law proposal and its debate in the standing parliamentary committee.
A Bill or law proposal debated and voted in the competent standing parliamentary committee is introduced in the Plenum in one session, as specified by the Standing Orders of the Parliament, and is debated and voted in principle, by article and as a whole. A Bill or law proposal voted in the committee by a majority of at least four fifths is debated and voted in the Plenum, as specified by the Standing Orders.

CHAPTER 5. The legislative function of Parliament

Article 73

The right to introduce Bills belongs to the Parliament and the Government.
Bills pertaining in any way to the granting of a pension and the prerequisites thereof shall be introduced only by the Minister of Finance after an opinion of the Court of Audit; in the case of pensions burdening on the budget of local government agencies or other public law legal persons, Bills shall be submitted by the competent Minister and the Minister of Finance. Pensions must be proposed by means of special Bills; the insertion of provisions pertaining to pensions in Bills introduced to regulate other matters, is not permitted under penalty of nullity.
No law proposal or amendment or addition which originated in Parliament shall be introduced for debate if it results in an expenditure or a reduction of revenues or assets for the State or local government agencies or other public law legal persons, for the purpose of paying a salary or pension or otherwise benefiting a person.
However, an amendment or addition introduced by a party leader or a spokesman of a parliamentary group as specified in article 74 paragraph 3 shall be acceptable in the case of Bills concerning the organization of public services and agencies of public interest, the status of civil servants in general, military and security corps officers, employees of local government agencies or other public law legal persons and public enterprises in general.
Bills introducing local or special taxes or charges of any nature on behalf of agencies or, public or private law legal persons, must be countersigned by the Minister of Coordination and the Minister of Finance.

Article 74

Every Bill or law proposal must be accompanied by an explanatory report; before it is introduced to the Plenum or to a Section of Parliament, it may be referred for legislative elaboration to the scientific service defined in article 65 paragraph 5 as soon as this service is established, as specified by the Standing Orders.
Bills or law proposals tabled in Parliament shall be referred to the appropriate parliamentary committee. When the report has been submitted or when the time-limit for its submittal has elapsed inactively, the Bill shall be introduced for debate to Parliament after three days, unless it has been designated as urgent by the competent Minister. The debate shall begin following an oral introduction by the competent Minister and the rapporteurs of the committee.
Amendments submitted by Members of Parliament to Bills or law proposals for which the Plenum or the Sections of Parliament are competent, shall not be introduced for debate if they have not been submitted up to and including the day prior to the commencement of the debate, unless the Government consents to such a debate.
A Bill or law proposal for the amendment of a provision of a statute shall not be introduced for debate if the accompanying explanatory report does not contain the full text of the provision to be amended and if the text of the Bill or law proposal does not contain the full text of the new provision as amended.
The provisions of paragraph 1 also apply for Bills or law proposals introduced for debate and vote in the competent standing parliamentary committee, as specified by the Standing Orders of the Parliament.A Bill or law proposal containing provisions not related to its main subject matter shall not be introduced for debate.
No addition or amendment shall be introduced for debate if it is not related to the main subject matter of the Bill or law proposal.

Additions or amendments by Ministers are debated only if they have been submitted at least three days prior to the commencement of the debate in the Plenum, to the Section specified in article 71 or to the competent standing parliamentary committee, as specified by the Standing Orders.

The provisions of the two preceding sections shall also apply for additions or amendments submitted by Members of Parliament.

Parliament shall resolve in case of contestation.

Members of Parliament not participating in the competent standing parliamentary committee or the Section specified in article 71, are entitled to take the floor during the debate in principle and in order to support law proposals and additions or amendments that they have submitted, as provided by the Standing Orders.
Once every month, on a day designated by the Standing Orders, pending law proposals shall be entered by priority in the order of the day and debated.

Article 75

Any Bill and law proposal which result in burdening the Budget, if submitted by Ministers, shall not be introduced for debate unless it is accompanied by a report of the General Accounting Office specifying the amount of the expenditure involved; if submitted by Members of Parliament, prior to any debate thereon it shall be forwarded to the General Accounting Office which shall be bound to submit a report within fifteen days. Should this time-limit elapse without action, the law proposal shall be introduced for debate without it.
The same shall apply for amendments, if so requested by the competent Ministers. In this case, the General Accounting Office shall be bound to submit its report to Parliament within three days; only if the report shall not be forthcoming within this time-limit may the amendment be debated without it.
A Bill resulting in expenditure or reduction of revenues shall not be introduced for debate unless it is accompanied by a special report specifying the manner in which they will be covered, signed by the competent Minister and the Minister of Finance.

Article 76

Every Bill and every law proposal shall be debated and voted on once in principle, by article and as a whole, with the exception of the cases provided under paragraph 4 of article 72.
Voted Bills or law proposals that are sent back to Parliament pursuant to article 42 shall be debated and voted on by the Plenum of Parliament twice and in two distinct sittings, at least two days apart, in principle and by article during the first debate, and by article and as a whole during the second.
If in the course of the debate, additions or amendments have been accepted, voting as a whole shall be postponed for twenty-four hours from distribution of the amended Bill or law proposal, with the exception of the cases provided under paragraph 4 of article 72.
A Bill or law proposal designated by the Government as very urgent shall be introduced for voting after a limited debate in one sitting, by the Plenum or by the Section of article 71 as provided by the Standing Orders of Parliament.
The Government may request that a Bill or law proposal of an urgent nature be debated in a specific number of sittings, as specified by the Standing Orders of Parliament.
Judicial or administrative codes drafted by special committees established under special statutes may be voted through in the Plenum of the Parliament by a special statute ratifying the code as a whole.
Likewise, legislative provisions in force may be codified by simple classification, or repealed statutes may be reenacted as a whole, with the exception of statutes concerning taxation.

Article 77

The authentic interpretation of the statutes shall rest with the legislative power.
A statute which is not truly interpretative shall enter into force only as of its publication.

CHAPTER 6. Tax and Fiscal Administration

Article 78

No tax shall be levied without a statute enacted by Parliament, specifying the subject of taxation and the income, the type of property, the expenses and the transactions or categories thereof to which the tax pertains.
A tax or any other financial charge may not be imposed by a retroactive statute effective prior to the fiscal year preceding the imposition of the tax.
Exceptionally, in the case of imposition or increase of an import or export duty or a consumer tax, collection thereof shall be permitted as of the date on which the Bill shall be tabled in Parliament, on condition that the statute shall be published within the time-limit specified in article 42 paragraph 1, and in any case not later than ten days from the end of the Parliamentary session.
The object of taxation, the tax rate, the tax abatements and exemptions and the granting of pensions may not be subject to legislative delegation.This prohibition does not preclude the determination by law of the manner of assessing the share of the State or public agencies in general in the automatic increase on value of private real estate property adjoining the site of construction of public works and resulting exclusively therefrom.
It shall, exceptionally, be permitted to impose by means of delegation granted in framework by statute, balancing or counteractive charges or duties, and to impose, within the framework of the country’s international relations to economic organizations, economic measures or measures concerning the safeguarding of the country’s foreign exchange position.

Article 79

In the course of its regular annual session Parliament shall vote on the State budget of revenues and expenditures foe the following year.During the discussion of the draft envisaged in par. 3, the parliament may submit proposals for the modification of individual items of the budget which are introduced to the Plenum and are voted upon, provided that the modifications have no impact over the total expenditures and revenues of the State. The Standing orders shall provide the specific process for the monitoring of the execution of the State budget by the Parliament.
All State revenues and expenditures must be entered in the annual budget and financial statement.
The draft budget shall be submitted by the Minister of Finance to the competent standing parliamentary committee on the first Monday of October and shall be debated, as specified by the Standing Orders. The Minister of Finance taking into account the remarks of the committee, shall introduce the budget to the Parliament at least forty days before the beginning of the fiscal year. The budget shall be debated and voted by the Plenum in accordance with the provisions of the Standing Orders, which ensure the right of all political sections in Parliament to express their views.
Should the administration of revenues and expenditures as provided in the budget be inoperative for any reason whatsoever, they shall be administered in accordance with a special statute to be enacted every time.
Should it be impossible to vote the budget or to pass the special statute defined in the preceding paragraph due to the end of the Parliamentary term, the force of the budget for the fiscal year just ended or ending shall be extended for four months by decree issued upon proposal of the Cabinet.
The practice of drafting budgets for biannual fiscal periods may be established by statute.
The financial statement and general balance sheet of the State shall be laid before Parliament no later than one year from the end of each fiscal year; these, are accompanied without fail by the report of the Court of Audit provided in article 98 paragraph 1 case (e), are examined by a special committee of Members of Parliament and are ratified by the Plenum of Parliament, according to the provisions of the Standing Orders.
Economic and social development plans shall be approved by the Plenum of the Parliament as specified by statute.

Article 80

No salary, pension, subsidy or remuneration shall be entered in the State budget or granted, unless it is provided for by statute concerning the organization or other special statute.
The minting or issuing of currency shall be regulated by law.

Interpretative clause

Paragraph 2 does not impede the participation of Greece in the process of the Economic and Monetary Union, in the wider framework of European integration, according to the provisions of article 28.

SECTION IV. The Government

CHAPTER 1. Composition and Function of the Government

Article 81

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 Deputy Ministers, Ministers without portfolio and Undersecretaries who may be members of the Cabinet, as well as the status of permanent Undersecretaries.
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.
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.
The incompatibility of the office of Minister and Undersecretary with other activities may be established by statute.
In the absence of a Vice President, the Prime Minister shall appoint, whenever the need arises, one of the Ministers as his provisional Alternate.

Article 82

The Government shall define and direct the general policy of the Country, in accordance with the provisions of the Constitution and the laws.
The Prime Minister shall safeguard the unity of the Government 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.
Matters relating to the establishment, functioning and competences of the Economic and Social Committee whose mission is to conduct social dialogue for the overall policy of the Country and, especially, for the orientations of the economic and social policy, as well as to formulate opinions on Bills and law proposals referred to it, shall be specified by law.
Matters relating to the establishment, functioning and competences of the National Council of Foreign Policy, with the participation of representatives from the parties in Parliament and of persons possessing expertise or specialised experience, shall be specified by law.

Article 83

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.
Undersecretaries shall exercise the powers vested in them by joint decision of the Prime Minister and the competent Minister.

CHAPTER 2. Relations between Parliament and the Government

Article 84

The Government must enjoy the confidence of Parliament. The Government shall be obliged to request a vote of confidence by Parliament within fifteen days of the date the Prime Minister shall have been sworn in, and may also do so at any other time. If at the time the Government is formed, Parliament has suspended its works, it shall be convoked within fifteen days to resolve on the motion of confidence.
Parliament may decide to withdraw its confidence from the Government or from a member of the Government. A motion of censure may not be submitted before the lapse of six months from the rejection by Parliament of such a motion.A motion of censure must be signed by at least one-sixth of the number of Members of Parliament and must explicitly state the subjects on which the debate is to be held.
A motion of censure may, exceptionally, be submitted before the lapse of six months, if it is signed by the majority of the total number of Members of Parliament.
The debate on a motion of confidence or censure shall commence two days after the motion is submitted, unless, in the case of a motion of censure, the Government requests its immediate commencement: in all cases the debate may not be prolonged for more than three days from its commencement.
The vote on a motion of confidence or censure is held immediately after the termination of the debate; it may, however, be postponed for forty-eight hours if the Government so requests.
A motion of confidence cannot be adopted unless it is approved by an absolute majority of the present Members of Parliament, which however cannot be less than the two-fifths of the total number of the members.A motion of censure shall be adopted only if it is approved by an absolute majority of the total number of Members of Parliament.
Ministers and Undersecretaries who are Members of Parliament shall vote on the above motions.

Article 85

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.

Article 86

Only the Parliament has the power to prosecute serving or former members of the Cabinet or Undersecretaries for criminal offences that they committed during the discharge of their duties, as specified by law. The institution of specific ministerial offences is prohibited.
Prosecution, investigation, preliminary investigation or preliminary examination against the persons specified in paragraph I for the above mentioned offences shall not be permitted without a prior resolution of Parliament in accordance with paragraph 3.If in the course of another investigation, preliminary investigation, preliminary examination or administrative inquiry, evidence should arise which relates to the persons and offences of the preceding paragraph, these shall be promptly forwarded to Parliament by the person conducting the investigation, preliminary examination or inquiry.
A motion for prosecution is submitted by at least thirty Members of Parliament. The Parliament, by resolution adopted by the absolute majority of the total number of its Members, sets up a special parliamentary committee to conduct a preliminary examination; otherwise the motion is rejected as manifestly unfounded. The findings of the committee of the preceding section are introduced to the Plenum of Parliament, which decides whether prosecution shall start or not. The relevant resolution is adopted by an absolute majority of the total number of Members of Parliament.The Parliament may exercise its competence pursuant to paragraph I until the end of the second regular session of the parliamentary term commencing after the offence was committed.
The Parliament may at any time revoke its resolution or suspend the prosecution, preliminary proceedings or main proceedings, according to the procedure and majority provided in the first section of this paragraph.
The Court competent for trying the relevant cases, at first and last instance is, as supreme court, a Special Court, which is composed for each case by six members of the Supreme Administrative Court and seven members of the Supreme Civil and Criminal Court.The regular and alternate members of the Special Court are chosen by lot, after the prosecution has taken place, by the Speaker of the Parliament in a public sitting of the Parliament, from among those members of the two high ranking courts who were appointed or promoted to the rank they hold prior to the submission of the motion for prosecution. The Special Court is chaired by the highest ranking of the Supreme Civil and Criminal Court members chosen by lot and, in case of equal in the rank members, by the first one in order of seniority.
A Judicial Council, composed for each case by two members of the Supreme Administrative Court and three members of the Supreme Civil and Criminal Court, functions in the framework of the Special Court of this paragraph. The members of the Judicial Council may not be members of the Special Court at the same time. Following a ruling of the Judicial Council, one of its members who belong to the Supreme Civil and Criminal Court is appointed as examining magistrate. The preliminary proceedings are concluded with the issue of an ordinance.

The duties of public prosecutor in the Special Court and in the Judicial Council of this paragraph are exercised by a member of the Public Prosecutor’s Office of the Supreme Civil and Criminal Court who is chosen by lot together with his alternate. The second and third sections of this paragraph also apply for the members of the Judicial Council, while the second section also applies for the public prosecutor. In the case of impeachment before the Special Court of a serving or former member of the Cabinet or Undersecretary, any participants are also jointly indicted, as specified by law.
Should the procedure on the prosecution of a serving or former member of the Cabinet or Undersecretary not be completed for any other reason whatsoever, including the reason of status of limitations, the Parliament may, at the request of the person itself or of its heirs, establish a special committee for investigating the charges in which highest magistrates may also participate.

SECTION V. The Judicial Power

CHAPTER 1. Magistrates and Staff

Article 87

Justice shall be administered by courts composed of regular judges who shall enjoy functional and personal independence.
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.
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.

Article 88

Magistrates 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.
The remuneration of magistrates shall be commensurate with their office. Matters concerning their rank, remuneration and their general status shall be regulated by special statutes.Notwithstanding articles 94, 95 and 98, disputes concerning all kinds of remunerations and pensions of magistrates, and provided that the resolution of the relevant legal issues may affect the salary, pension or fiscal status of a wider circle of persons, shall be tried by the special court of article 99. In such cases, the composition of the court includes the participation of one additional full professor and one additional barrister, as specified by law. Matters relating to the continuation of pending processes before the courts shall be specified by law.
A training and trial period for magistrates 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.
Magistrates 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.
Retirement from the service of the magistrates shall be compulsory upon attainment of the age of sixty five years for all magistrates 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 magistrates 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.
Transfer of magistrates into another branch is prohibited. Exceptionally, the transfer of associate judges to courts of first instance or of associate prosecutors to public prosecutors offices, shall be permitted, upon request of the persons concerned, as specified by law. Judges of ordinary administrative courts shall be promoted to the rank of Councillor of the Supreme Administrative Court and to one fifth of the posts, as specified by law.
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.

Interpretative clause

In the true sense of article 88, the unification of the jurisdiction of first instance of civil courts and the regulation of the service status of magistrates of this instance is permitted, provided that a procedure for judgement and evaluation is provided for, as specified by law.

Article 89

Magistrates shall be prohibited from performing any other salaried service or practicing any other profession.
Exceptionally, magistrates may be elected members of the Athens Academy or teaching staff of university level institutions, as well as may sit on councils or committees exercising competences of disciplinary, auditing or adjudicating nature and on Bill drafting committees, provided that this participation is specifically stipulated by the law. Law shall provide substitution of magistrates by other persons in councils or committees established or in duties assigned by a private individual’s declaration of intention, inter vivos or mortis causa, with the exception of the cases of the preceding section.
Assignment of administrative duties to magistrates is prohibited. Activities related to the training of magistrates are considered to be of judicial nature. The assignment to magistrates of the duties of representing the Country in international organisations is permitted.The conduct of arbitrations by magistrates is allowed only in the framework of their official duties, as specified by law.
Participation of magistrates in the Government is prohibited.
The establishment of an association of magistrates shall be permitted, as specified by law.

Article 90

Promotions, assignments to posts, transfers, detachments, and transfers to another branch of magistrates 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 supreme 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 shall participate in the supreme judicial council on civil and criminal justice, as well as two Deputy Prosecutors of the Supreme Civil and Criminal Court who are chosen by lot from among those having served for at least two years in the Public Prosecutor’s Office of the Supreme Civil and Criminal Court, as specified by law. In the supreme judicial council on the Supreme Administrative Court and on administrative justice shall also participate the General Commissioner of State who serves in them on issues relating to magistrates of ordinary administrative courts and of the General Commission. In the supreme judicial council on the Court of Audit shall also participate the General Commissioner of State who serves in it.In the supreme judicial council shall also participate, without right to vote, two magistrates of the branch concerned by the changes in the service status, who must be at least of the rank of Judge of Appeals or of an equivalent one, and are chosen by lot, as specified by law.
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, Councillors of the Court of Audit, President Judges of Appeals and Prosecutors of Appeals, as well as concerning the selection of the members of the General Commissions of administrative courts and of the Court of Audit, the council prescribed in paragraph 1 shall be supplemented by additional members, as specified by law. As for the rest, the provisions of paragraph 1 shall also apply in this case.
Should the Minister of Justice disagree with the judgement of a supreme judicial council, he may refer the matter to the plenum of the respective supreme court, as specified by law. The magistrate concerned by the judgement has as well the right of recourse, under the conditions specified by the law. As regards the session of the plenum of the respective highest court, as a second instance supreme judicial council, the provisions of sections three to six of paragraph I shall apply. In the plenum of the Supreme Civil and Criminal Court, in the cases of the preceding section, shall also participate with right to vote the members of the Public Prosecutor’s office of the Supreme Civil and Criminal Court.
The decisions of the plenum, as a second instance supreme judicial council, on a matter referred to it as well as the decisions of the supreme judicial council with which the Minister has not disagreed, shall be binding upon him.
Promotion to the post of President or Vice-President of the Supreme Administrative Court, of the Supreme Civil and Criminal Court and of the Court of Audit shall be effected by presidential decree issued on the proposal of the Cabinet, by selection from among the members of the respective supreme court, as specified by law. Promotion to the post of Supreme Civil and Criminal Court Prosecutor shall be effected by similar decree, by selection from among the members of the Supreme Civil and Criminal Court and Deputy Public Prosecutors of this Court, as specified by law. Promotion to the post of General Commissioner of the Court of Audit shall be effected by similar decree, by selection from among the members of the Court of Audit and of the respective General Commission, as specified by law. Promotion to the post of General Commissioner of administrative courts shall also be effected by similar decree, by selection from among the members of the respective General Commission and the President Judges of Appeals of the administrative courts, as specified by law.The tenure of the President of the Supreme Administrative Court, of the Supreme Civil and Criminal Court and of the Court of Audit, as well as of the Public Prosecutor of the Supreme Civil and Criminal Court and of the General Commissioners of administrative courts and of the Court of Audit may not exceed four years, even if the magistrate holding this office has not reached the retirement age. Any period of time which remains until completion of the retirement age, shall be calculated as actual pensionable service, as specified by law.
Decisions or acts in compliance with the provisions of the present article shall not be subject to remedies before the Supreme Administrative Court.

Article 91

Disciplinary authority over magistrates 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.
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 Audit 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 supreme court or law school. Members belonging to the supreme court of which the conduct of one of the judges, prosecutors or commissioners the Council has been called on to decide, 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.
The disciplinary authority over all other magistrates 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.
Disciplinary rulings in accordance with the provisions of this Article shall not be subject to remedies before the Supreme Administrative Court.

Article 92

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.
The qualifications of the judicial staff and its general status shall be specified by law.
Promotions, assignments to posts, transfers, detachments and transfers to another branch of the civil servants of the courts shall be effected with the concurrent opinion of service councils, which are composed in majority of magistrates and such civil servants, as specified by law. Disciplinary authority over the civil servants of the courts shall be exercised by the hierarchically superior judges, prosecutors, commissioners or servants, as well as by the service council, as specified by law. Recourse against decisions regarding changes in the service status of the civil servants of the courts, as well as against disciplinary decisions of the service councils shall be permitted, as specified by law.
The servants of land registries are civil servants of the courts. Notaries public and unsalaried registrars of mortgages and property transfers shall be permanent as long as corresponding services and posts exist. The provisions of the preceding paragraphs shall apply accordingly in this case.
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.

CHAPTER 2. Organization and Jurisdiction of the Courts

Article 93

Courts are distinguished into administrative and civil and criminal courts, and they are organized by special statutes.
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.
Every court judgment must be specifically and thoroughly reasoned and must be pronounced in a public sitting.In case of violation of the preceding section, law shall specify the ensuing legal consequences as well as the imposed sanctions. 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.
The courts shall be bound not to apply a statute whose content is contrary to the Constitution.

Article 94

The Supreme Administrative Court and ordinary administrative courts shall have jurisdiction on administrative disputes, as specified by law, without prejudice to the competence of the Court of Audit.
Civil courts shall have jurisdiction on private disputes, as well as on cases of non-contentious jurisdiction, as specified by law.
In special cases and in order to achieve unified application of the same legislation, law may assign the hearing of categories of private disputes to administrative courts or the hearing of categories of substantive administrative disputes to civil courts.
Any other competence of an administrative nature may be assigned to civil or administrative courts, as specified by law. These competences include the adoption of measures for compliance of the Public Administration with judicial decisions. Judicial decisions are subject to compulsory enforcement also against the Public Sector, local government agencies and public law legal persons, as specified by law.

Article 95

The jurisdiction of the Supreme Administrative Court pertains mainly to:
1. The annulment upon petition of enforceable acts of the administrative authorities for excess of power or violation of the law.
2. The reversal upon petition of final judgements of ordinary administrative courts, as specified by law.
3. The trial of substantive administrative disputes submitted thereto as provided by the Constitution and the statutes.
4. The elaboration of all decrees of a general regulatory nature.
The provisions of article 93 paragraphs 2 and 3 shall not be applicable in the exercise of the competence specified under subparagraph (d) of the preceding paragraph.
The trial of categories of cases that come under the Supreme Administrative Court’s jurisdiction for annulment may by law come under ordinary administrative courts, depending on their nature or importance. The Supreme Administrative Court has the second instance jurisdiction, as specified by law.
The jurisdiction of the Supreme Administrative Court shall be regulated and exercised as specifically provided by law.
The Public Administration shall be bound to comply with judicial decisions. The breach of this obligation shall render liable any competent agent, as specified by law. Law shall specify the measures necessary for ensuring the compliance of the Public Administration.

Article 96

The punishment of crimes and the adoption of all measures provided by criminal laws belong to the jurisdiction of ordinary criminal courts.
Statutes may: (a) assign the trial of police offences punishable by fine to authorities exercising police duties, (b) assign the trial of petty offences related to agrarian property and private disputes arising there from, 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.
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.
Special statutes provide for:
1. Military, naval and air force courts which shall have no jurisdiction over civilians.
2. Prize courts.
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 paragraph I 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.

Article 97

Felonies and political crimes shall be tried by mixed jury courts composed of ordinary judges and jurors, as specified by law. The judgments of these courts shall be subject to the legal remedies specified by law.
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.
Crimes of any degree committed through the press shall be under the jurisdiction of ordinary criminal courts, as specified by law.

Article 98

The jurisdiction of the Court of Audit pertains mainly to:
1. The audit of the expenditures of the State as well as of local government agencies or other legal entities subject to this status by special provision of law.
2. The audit of high financial value contracts in which contracting partner is the State or any other legal entity which in this respect is equated to the State, as specified by law.
3. The audit of the accounts of accountable officials and of the local government agencies or other legal entities subject to the audit provided by section (a).
4. Advisory opinions concerning Bills on pensions or on the recognition of service for granting of the right to a pension, in accordance with article 73 paragraph 2, as well as on all other matters specified by law.
5. The drawing up and submission to Parliament of a report on the financial statement and balance sheet of the State, according to article 79 paragraph 7.
6. The trial of disputes concerning the granting of pensions as well as the audit of accounts under section (c).
7. The trial of cases related to liability of civil or military servants of the State, as well as of civil servants of local government agencies and of the other public law legal persons, for any loss that through intent or negligence incurred upon the State, the local government agencies or other public law legal persons.
The jurisdiction of the Court of Audit 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.
The judgments of the Court of Audit in the cases specified in paragraph 1 shall not be subject to the control of the Supreme Administrative Court.

Article 99

Suits against magistrates 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 Audit, 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.
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 magistrate 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 magistrate of the ordinary administrative courts, the special court shall be presided over by the President of the Supreme Civil and Criminal Court.
No permission shall be required to institute a suit for faulty wrongful judgement.

Article 100

A Special Highest Court shall be established, the jurisdiction of which shall comprise:
1. The trial of objections in accordance with article 58.
2. Verification of the validity and returns of a referendum held in accordance with article 44 paragraph 2.
3. 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.
4. 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 Audit and any other court.
5. 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 Audit.
6. The settlement of controversies related to the designation of rules of international law as generally acknowledged in accordance with article 28 paragraph 1.
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 Audit, 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.
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.
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.
When a section of the Supreme Administrative Court or chamber of the Supreme Civil and Criminal Court or of the Court of Audit judges a provision of a statute to be contrary to the Constitution, it is bound to refer the question to the respective plenum, unless this has been judged by a previous decision of the plenum or of the Special Highest Court of this article. The plenum shall be assembled into judicial formation and shall decide definitively, as specified by law. This regulation shall also apply accordingly to the elaboration of regulatory decrees by the Supreme Administrative Court.

Article 100A

Matters relating to the establishment and functioning of the Legal Council of the State, as well as matters relating to the service status of functionaries and servants who serve therein, shall be specified by law. The competence of the Legal Council of the State pertains mainly to the judicial support and representation of the State and to the recognition of claims against it or to the settlement of disputes with the State. The provisions of article 88 paragraphs 2 and 5, and of article 90 paragraph 5, shall apply accordingly to the main staff of the Legal Council of the State.

SECTION VI. Administration

CHAPTER 1. Organization of the Administration

Article 101

The administration of the State shall be organized according to the principle of decentralization.
The administrative division of the Country shall be based on geoeconomic, social and transportation conditions.
Regional administrations of the State shall have general decisive authority on matters of their district. The central administrations of the State, in addition to special powers, shall have the general guidance, coordination and review of the legality of the acts of regional administrations, as specified by law.
The legislator and the Public Administration, when acting in their regulatory capacity, must take into consideration the special circumstances of the insular and mountainous areas caring for their development.

Article 101A

In cases where the establishment and functioning of an independent authority is provided by the Constitution, its members shall be appointed for a fixed tenure and shall enjoy personal and functional independence, as specified by law.
Matters relating to the appointment and service status of the scientific and other staff of the service that is constituted for the support and functioning of every independent authority shall be specified by law. The members of the independent authorities must possess the corresponding qualifications, as specified by law. Their selection is made by decision of the Conference of Parliamentary Chairmen seeking unanimity or in any case by the increased majority of four fifths of its members. Matters relating to the selection procedure are specified by the Standing Orders of the Parliament.
Matters concerning the relation between the independent authorities and the Parliament, and the manner, in which parliamentary control is exercised, are specified by the Standing Orders of the Parliament.

Article 102

The administration of local affairs shall be exercised by local government agencies of first and second level. For the administration of local affairs, there is a presumption of competence in favour of local government agencies. The range and categories of local affairs, as well as their allocation to each level, shall be specified by law. Law may assign to local government agencies the exercise of competences constituting mission of the State.
Local government agencies shall enjoy administrative and financial independence. Their authorities shall be elected by universal and secret ballot, as specified by law.
Law may provide for compulsory or voluntary associations of local government agencies to execute works or render services or exercise competences belonging to local government agencies; these shall be governed by elected administrations.
The State shall exercise the supervision of local government agencies, which shall consist exclusively in the review of the legality and shall not be allowed to impede their initiative and freedom of action. The review of legality shall be exercised as specified by law. With the exception of cases involving ipso jure forfeiture of office or suspension, disciplinary sanctions to elected administrations of local government agencies shall be imposed only with the concurrent opinion of a council composed in its majority of judges, as specified by law.
The State shall adopt the legislative, regulatory and fiscal measures required for ensuring the financial independence and the funds necessary to the fulfilment of the mission and exercise of the competences of local government agencies, ensuring at the same time the transparency in the management of such funds. Matters pertaining to the attribution and allocation, among local government agencies, of the taxes or duties provided in their favour and collected by the State shall be specified by law. Every transfer of competences from central or regional administrations of the State to local government also entails the transfer of the corresponding funds. Matters pertaining to the determination and collection of local revenues directly from local government agencies shall be specified by law.

CHAPTER 2. Status of Administrative Agents

Article 103

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.
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.
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.
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.
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.
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.
Engagement of servants in the Public Administration and in the wider Public Sector, as this is defined each time, with the exception of cases under paragraph 5, shall take place either by competitive entry examination or by selection on basis of predefined and objective criteria, and shall be subject to the control of an independent authority, as specified by law.The law may provide for special selection procedures that are subject to increased guarantees of transparency and meritocracy, or for special procedures for personnel selection to posts whose activities are subject to special constitutional guarantees or are similar to a mandate.
The law shall specify the conditions and duration of private law employment relations in the Public Administration and in the wider Public Sector, as this is defined each time, either to fill in posts beyond those provided for in the first section of paragraph 3, or to fill in temporary or unforeseeable and urgent needs according to the second section of paragraph 2. The law shall also specify the duties that may be undertaken by the personnel of the preceding section. Conversion by law of the employees under the first section to permanent civil servants or conversion by law of their employment contracts into contracts of unlimited duration is prohibited. The prohibitions of the present paragraph also apply to those employed on the basis of services for the performance of a specific task.
Law shall specify matters relating to the establishment and activities of the “Ombudsman”, who functions as an independent authority.

Article 104

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.
Additional salaries or emoluments of any kind of employees mentioned in the preceding article may not exceed the total salary received per month from their post which is provided by law.
No prior permission shall be required to bring to trial civil servants or employees of local government agencies or of other public corporate bodies.

CHAPTER 3. Regime of Aghion Oros (Mount Athos)

Article 105

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.
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.
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.
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.
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.