ΛΕΥΚΗ ΣΕΛΙΔΑ
THE CONSTITUTION OF GREECE
ΛΕΥΚΗ ΣΕΛΙΔΑ
THE CONSTITUTION OF GREECE As entered into force by virtue of the XIIth Resolution of June 7, 1975 of the Vth Revisionary Parliament Revised by the Ist Resolution of March 6, 1986 of the VIth Revisionary Parliament Transferred in the demotic language by the IInd Resolution of March 6, 1986 of the VIth Revisionary Parliament Revised by Resolution of April 6, 2001 of the VIIth Revisionary Parliament Revised by Resolution of May 27, 2008 of the VIIIth Revisionary Parliament Revised by Resolution of November 25, 2019 of the IXth Revisionary Parliament
Editorial Committee: Kostas Mavrias Professor Emeritus of the University of Athens President of the Scientific Council of the Hellenic Parliament +Epaminondas Spiliotopoulos Professor Emeritus of the University of Athens, Member of the Academy of Athens Translated by: Xenophon Paparrigopoulos Associate Professor of the University of the Peloponnese, Research Fellow, Directorate of Studies Hellenic Parliament Stavroula Vassilouni LL.M., Research Fellow, Directorate of Studies Hellenic Parliament The provisions revised in 2019 were translated by: Nicholas Papaspyrou Associate Professor of the University of Athens and Research Fellow of the Scientific Council of the Hellenic Parliament Konstantinos Delikostopoulos Formerly Assistant Professor of Law at the University of Paris 2 (Panthéon-Assas), Research Fellow of the Scientific Council of the Hellenic Parliament © 2022Hellenic Parliament ISBN: 978-960-560-221-5
FOREWORD BY THE PRESIDENT OF THE HELLENIC PARLIAMENT «Ἒστι γὰρ ψυχὴ πόλεως οὐδὲν ἕτερον ἤ πολιτεία» Ισοκράτους Αρεοπαγιτικός «For the soul of the city is no other than its constitution» Isocrates, Areopagiticus By the year 2023 the Constitution of 1975 will turn out to be the most long-lived Constitution that the Country has known, having surpassed in longevity the Constitution of 1864, which remained in force for 47 years. Under the institutional and political framework established by the Constitution of 1975, a Constitution which bears the mark of Konstantinos Karamanlis, Konstantinos Tsatsos and Konstantinos Papakonstantinou, our Country has witnessed its longest and most stable period of democratic governance, considering its otherwise tumultuous constitutional history. This fact alone highlights the normative value of the current Constitution, but also the need to defend its central characteristics in order to further strengthen our Democracy. It also highlights the direction which the rigid process of its revision must follow, so as not to damage its unique institutional and political character. On the other hand, this same Constitution is always ready to take us by surprise with its regulative reserves, which await for their legislative and administrative materialization. In addressing the Parliament on June 7th 1975 (the day of the Constitution’s voting) Constantine Tsatsos, the president of the Constitutional Committee, offered the following de7
scription: «I would like you finally to consider the greekness of the Constitution. We have learnt a lot frommany. We have learnt but we have not imitated anyone. This Constitution sprung from the Greek spirit, it was built by the Greek measure and is dedicated to the Greek Nation». This unique and therefore admirable endurance of our Constitution is also attributable to this gift, by which its inspired drafters endowed it. It is adjusted to the circumstances and facts of the Country, and for this reason it provides the fertile framework for the longest period of parliamentary normalcy in our modern history. The Constitution of 1975 did not uncritically import standards external to Greek reality, nor was it the outcome of the historical conjuncture of political changeover. As evidenced, it has incorporated pursuits and aspirations of a considerable historical depth. Any Constitution, in order to be functional, must take into consideration both the demands of the times and the people, which it is called-upon to serve. This capacity of political adaptability has a very interesting history in our country. The first Constitution of our revolutionized Nation, the Constitution of Epidaurus, was not a copy of other established Constitutions, as someone might have expected. It had its own unique characteristics. «Χρώμεθα γὰρ πολιτείᾳ οὐ ζηλούσῃ τοὺς τῶν πέλας νόμους». «Our polity does not copy the laws of others» as Pericles proudly states in his Funeral Oration. And here we are, witnessing how, in keeping with all historical analogies, this same tradition reaches down to the Constitution of 1975! Throughout the past 45 years since its enactment, the Constitution of 1975 has been revised four times. The first of those revisions, which took place in the year 1986, focused on the institution of the President of the Re8
public, whose competences were curtailed by the governmental majority then in power. The second revision of the Constitution, which took place in 2001, was the most extensive and was, to its greatest extent, the outcome of a consensus on the content of the provisions to be amended between the party which, at the time, enjoyed the majority in Parliament and the major opposition party. Hence, it i known in literature as the «consensual» revision. In keeping with a widespread tendency noticeable in most other European countries, i.e. that of extending and strengthening the protection of individual rights, and prompted by the jurisprudence of the European Court of Human Rights, but also by the jurisprudence of other national supreme courts, the constitutional legislator introduced new rights such as the right to information and the right to participate in the Information Society, as well as the protection of the individual from the collection, processing and use of personal data, especially by electronic means. Among other innovations, introduced by the amendments of 2001, we may indicatively mention the assignment to the exclusive competence of the National Radio and Television Council of the control and imposition of administrative sanctions to radio and television stations for infractions committed by them, the strengthening of the protection of private property rights in cases of compulsory expropriation for public benefit, the planning of demographic policies, and, as far as social rights are concerned, the protection of persons with disabilities with the aim of their integration in the social, economic and political life of the Country, the referral of the control of the appointment of civil servants to an independent authority and its implementation on the basis of predetermined and objective criteria, the elevation 9
of independent administrative authorities to the status of constitutional institution, the strengthening of the administrative and financial autonomy of local government agencies and the securing of greater legal certainty by providing for the obligatory referral of provisions of a statute that have been judged as contrary to the Constitution by a section of a supreme court to its plenum, so that a final judgment on the matter be reached. The third revision of the Constitution in 2008 proved considerably limited. The amendments which received the requisite number of votes included the repealing of the professional incompatibility of MPs which had been introduced by virtue of the revision of 2001, the enactment of the competence of the Parliament to submit proposals for the amendment of particular items of the State budget during the discussion of the draft of the budget, the authorization to include in the Standing Orders of the Parliament provisions which would provide for a specific process for the monitoring of the execution of the State budget (through the Office of the State Budget in the Parliament, which was subsequently established) and, finally, provisions on the obligation of the legislator and the administration, when acting in their regulatory capacity, to take into consideration the special circumstances of the mountainous and insular areas and to care for their development. After the revisions of 1986, 2001 and 2008, it was progressively becoming common belief that, as new circumstances mandated changes, a «considered adaptation» of the constitutional text was necessary. The necessity of the revisionary initiative was dictated by at least three common assessments, which nevertheless led to different evaluations and thus to different proposals on the revision’s content. Firstly, some provisions of the original 1975 text of the Constitution, after having been applied for a relatively long 10
period, were displaying signs of institutional and political «fatigue», due to the manifest change of the corresponding social and economic conditions which had initially lead to their institution. Secondly, defects in the previous revisions had become commonly visible, and lead to serious malfunctions of the polity. Moreover, the above revisions, and especially the last one of the year 2008, left out of their scope some provisions that should have been long amended as, in the progress of the revisionary procedure, this turned out not to be feasible. Third, the deep social and economic crisis that hit not only Greece but the entire EU as well, necessitated constitutional changes which would open the way towards addressing the ensuing negative consequences, prioritizing a social rule of law state. In a few words, the country needed a brave revision in favor of the coming generations and in building a contemporary model of effective democracy and liberating its creative powers. The official, according to the Constitution, initiative for the 4th revision was taken in November 2018, when two revision proposals were submitted to the Hellenic Parliament, each by «at least fifty MPs», one by SYRIZA and one by New Democracy, (on November 2nd, 2018 and on November 14th, 2018 respectively). This revisionary initiative was concluded by the publication in the Government Gazette (ΦΕΚ Α΄ 211/24.12.2019) of the new constitutional text which incorporates in its provisions its fourth consecutive revision in the 45 years of the period after the restoration of democracy. In total, nine articles were amended and almost unanimously (by 297 votes) nine other articles and paragraphs were repealed, being part of the transitory provisions of Section C in the fourth part of the Constitution and deemed outdated and out of use. This final outcome of the revision 11
process ensued from many more ambitious, both numerically and politically, proposals. The final proposal submitted by SYRIZA envisaged amendments to 28 articles while the proposal submitted by New Democracy envisaged amendments in 58 articles. The constitutional revision of 2019 followed the provisions of article 110 of the Constitution. It was effectuated in two stages by two consecutive Parliaments, the proposing and the revisionary Parliament. In comparison to the previous revisions of 1986, 2001 and 2008, this revision was unique, in that, following the elections of 7/7/2019, the majority in the Parliament which completed the process was different from the parliamentary majority which took the initiative to trigger the revisionary project in the first place. This explains the limited number of amendments, but also their significance. The nine essential amendments that this last revision brought to the constitutional text, are the following: 1. In Article 21 paragraph 1 (Individual and Social Rights) a section has been added concerning the obligation of the State to care for a decent standard of living by means of a system of minimum guaranteed income. 2. The most crucial amendment of the constitutional text, however, concerns the dissociation of the process of election of the President of the Republic from the “threat” of dissolution of the Parliament leading to elections. In article 32 paragraph 4 an incentive for consensus which turned into a disincentive was abolished, namely, the recourse to elections in the event of the inability of the Parliament to elect the President of the Republic. Thus, the Parliament, when the qualified majority cannot be achieved, proceeds to the election of the President by an absolute majority and, if also this majority is not achieved, by a relative majority, without having to hold elections, as it is the case in other parliamentary systems with an elected Head of State. The 12
possibility of electing the President of the Republic by a narrower majority and always by the same Parliament, without provoking elections, as it was the case before, can ultimately function as a very strong motive to foster consensus among wider majorities. 3. The amendment of article 54 paragraph 4 pertains to the exercise of voting rights by citizens living outside the Country in their place of residence, while the executive law regulating this right has already been enacted (Law 4648/2019 about the «Facilitation for the exercise of the voting right by voters living outside the Greek Territory and revision of the electoral process»). 4. In Article 62, the new rule concerning the immunity of Members of Parliament ratifies the parliamentary practice of recent years, in accordance with the case-law of the European Court of Human Rights. The immunity of Members of Parliament is limited only to acts relating to the political actions of the Members of Parliament. 5. Article 68 paragraph 2 offers the possibility for the opposition to propose the formation of two investigation committees in each parliamentary term for matters of its own choice. Investigation committees are very important tools of parliamentary control, and it was appropriately characterized as a gesture of political courtesy that the Revisionary Parliament of the year 2019, given the correlation of the political powers at the moment, voted in favor of this possibility. 6. Article 73 paragraph 6 adopted a proposal submitted by the opposition for the exercise of a popular legislative initiative in, as finally formulated, two, at the most, cases in each parliamentary term, upon signature by 500.000 citizens, which, reasonably, cannot deal with budgetary, foreign policy and national defense matters. 7. In article 86 paragraph 3, the infamous restriction on 13
the timely competence of the Parliament to prosecute Ministers for offences was abolished. The Parliament can now prosecute within the time bar of the common statute of limitations, as provided for each offence. An institutional «protection» being in force since 1864, ceases to be in force. A very large majority was reached for passing this provision, both in the Parliament proposing the constitutional revision (by 255 votes) and in the Parliament that revised it (by 274 votes). 8. With article 96 paragraph 5, the members of the judicial branch of the armed forces were equated to the other judicial magistrates. 9. By virtue of article 101A paragraph 5, the required majority of the Conference of Presidents has been reduced from 4/5 to 3/5, in order for the members of the independent authorities, mentioned in the Constitution, to be elected. In addition to facilitating the selection of newmembers, the term of office of the former members is extended until the newmembers are elected. In this way, the selection of the governors of the independent authorities becomes more orderly, delays are avoided and the continuation of the term of office of their members is ensured, as the independent authorities are permanent bodies. Finally, as already mentioned, transitional provisions, with no longer applicable regulatory content, have been abolished (e.g. the provisions for the election of the first President of the Republic). In summary, we may say that the revision of the year 2019 provided for the stability of the polity by dissociating the process of election of the President from the provocation of elections, cared for decent living conditions of the citizens by introducing a minimum guaranteed income, repealed provocative privileges of the political personnel in matters of criminal liability, contributed to ensuring the or14
derly selection of members of the independent authorities, and also took under consideration the voting rights of Greek citizens living abroad, which had been a major omission so far. At the same time, it expanded the rights of the opposition, of the electorate and of the military judges. In view of all these, and together with the annulment of anachronistic provisions, our Constitution is now improved, thanks to its last revision, which, indisputably, signifies a step forward. A new revision may not be initiated before the lapse of 5 years from the completion of the previous one; a reasonable time indeed in order for each new constitutional provision to be assimilated and evaluated in practice. The President of the Parliament CONSTANTINE AN. TASSOULAS 15
ΛΕΥΚΗ ΣΕΛΙΔΑ
TABLE OF CONTENTS PART ONE Basic Provisions SECTION I The form of Government Article 1. The form of government ....................................................................... 25 2. Principal obligations of the State .......................................................... 26 SECTION II Relations of Church and State Article 3. Relations of Church and State ................................................................... 26 PART TWO Individual and Social Rights Article 4. Equality of Greeks ................................................................................. 27 5. Free development of personality .......................................................... 28 5A. The right to information ..................................................................... 29 6. Illegal detention ................................................................................... 29 7. Nullum crimen sine lege. Prohibition of torture and of general confiscation ......................................................................... 30 8. The principle of natural judge................................................................ 31 9. The inviolability of home and of private life .......................................... 31 9A. The protection of personal data .......................................................... 32 10. The right of petition ............................................................................ 32 11. The right of assembly .......................................................................... 33 17
12. The right of association ....................................................................... 33 13. The freedom of religion ....................................................................... 34 14. The freedom of expression and of the press ........................................ 34 15. Mass media ......................................................................................... 37 16. Education, art, science ........................................................................ 37 17. Protection of private property; expropriation ..................................... 39 18. Protection of property, special cases; requisition ................................ 42 19. Secrecy of correspondence .................................................................. 43 20. The right to legal protection ................................................................ 44 21. Protection of family, marriage, motherhood and youth ..................... 44 22. The right of work. Social security ........................................................ 45 23. The freedom to unionise. The right to strike ....................................... 46 24. Protection of the environment ............................................................ 46 25. Protection and exercise of the fundamental rights .............................. 48 PART THREE Organization and functions of the State SECTION I Structure of the State Article 26. Separation of powers........................................................................... 49 27. Change in the boundariesof the Country. Foreign military forces ....... 49 28. Rules of international law. International organizations ...................... 50 29. Political parties ................................................................................... 50 SECTION II The President of the Republic CHAPTER ONE Election of the President Article 30. The President regulates the function of the State institutions. Presidential Tenure .............................................................................. 52 18
31. Conditions of eligibility ....................................................................... 52 32. Election of the President ..................................................................... 52 33. Installation in office ............................................................................ 54 34. Replacement ....................................................................................... 55 CHAPTER TWO Powers and liability from the acts of the President Article 35. Validity of the President’s acts. Countersignature ................................ 56 36. International representation of the State; international conventions ................................................................... 56 37. Appointment of Prime Minister and Government .............................. 57 38. Cabinet’s dismissal .............................................................................. 59 39. (Repealed) .......................................................................................... 60 40. Convocation of Parliament. Suspension of sessions ............................ 60 41. Dissolution of Parliaments .................................................................. 61 42. Promulgation and publication of statutes .......................................... 62 43. Issuance of decrees ............................................................................. 62 44. Acts of legislative content. Referendum. Messages to the people ...... 63 45. Commander in chief of the Nation’s Armed Forces .............................. 64 46. Appointment and dismissal of public servants. Established decorations....................................................................... 64 47. Pardon and amnesty ........................................................................... 64 48. State of siege ...................................................................................... 65 CHAPTER THREE Special liabilities of the President of the Republic Article 49. Liability of the President of the Republic ............................................ 67 50. Presumption of competence ............................................................... 67 19
SECTION III Parliament CHAPTER ONE Election and composition of Parliament Article 51. Election of the M.P. The right to vote ................................................... 68 52. Free expression of the popular will ..................................................... 68 53. Parliamentary term ............................................................................. 69 54. Electoral system; election districts; Members of Parliament elected at large ............................................. 69 CHAPTER TWO Disqualifications and incompatibilities Article 55. Qualifications ...................................................................................... 71 56. Eligibility ............................................................................................. 71 57. Acts incompatible with the duties of M.P. .......................................... 73 58. Judicial control of parliamentary elections ......................................... 75 CHAPTER THREE Duties and rights of Members of Parliament Article 59. Oath .................................................................................................... 75 60. Freedom of opinion and right to vote; resignation from parliamentary office ................................................ 76 61. Non-prosecution for opinion or vote cast ........................................... 76 62. Parliamentary immunity ..................................................................... 76 63. Remuneration, exemptions, absence .................................................. 77 CHAPTER FOUR Organization and functioning of the Parliament Article 64. Regular session .................................................................................. 78 20
65. Standing Orders and Presidium of Parliament .................................... 78 66. Publicity of the sittings ....................................................................... 79 67. Quorum and majorities ....................................................................... 80 68. Parliamentary and investigation committees ..................................... 80 69. Reports addressed to the Parliament ................................................. 81 70. Plenum and Sections: legislative work; parliamentary control ........... 81 71. Vacation Section ................................................................................. 82 72. Competence of the Plenum and the Sections ...................................... 83 CHAPTER FIVE The legislative function of Parliament Article 73. The right to introduce Bills .................................................................. 84 74. Procedure for the introduction of a Bill for debate .............................. 85 75. Bills resulting in burdening the State budget ..................................... 87 76. Debate and voting of the Bills ............................................................. 88 77. Authentic interpretation of statutes .................................................... 89 CHAPTER SIX Tax and fiscal administration Article 78. Taxation statutes ................................................................................. 89 79. Budget, financial statement, general balance sheet of the State ........ 90 80. Salaries, pensions. Currency ................................................................ 91 SECTION IV The Government CHAPTER ONE Composition and function of the Government Article 81. The Cabinet ......................................................................................... 92 82. Government and Prime Minister ......................................................... 93 83. Ministers and Undersecretaries ........................................................... 93 21
CHAPTER TWO Relations between Parliament and the Government Article 84. Motion of confidence .......................................................................... 94 85. Liability of Ministers ........................................................................... 95 86. Court judging liability of Ministers ...................................................... 95 SECTION V The Judicial Power CHAPTER ONE Magistrates and Staff Article 87. Judicial independence ........................................................................ 98 88. Guarantees of the independence of justice ......................................... 98 89. Incompatibilities of magistrates ....................................................... 100 90. The Supreme Judicial Council ............................................................ 101 91. The Supreme Disciplinary Council ..................................................... 103 92. Civil servants of courts’offices, notaries public, registrars of mortgages and property transfers, directors of land registry offices ......................................................... 104 CHAPTER TWO Organization and Jurisdiction of the Courts Article 93. Courts ............................................................................................... 105 94. Jurisdiction of civil and administrative courts .................................. 106 95. Supreme Administrative Court .......................................................... 107 96. Criminal justice ................................................................................. 108 97. Mixed jury courts .............................................................................. 109 98. Court of Audit ................................................................................... 109 99. Suits for faulty wrongful judgement ................................................. 110 100. Special Highest Court ...................................................................... 111 100A. Legal Council of the State ............................................................. 113 22
SECTION VI Administration CHAPTER ONE Organization of the Administration Article 101. Administrative decentralization ...................................................... 113 101A. Independent authorities ............................................................... 114 102. Local government agencies ............................................................ 115 CHAPTER TWO Status of administrative agents Article 103. Civil servants ................................................................................... 116 104. Restrictions concerning civil servants ............................................. 118 CHAPTER THREE Regime of Aghion Oros (Mount Athos) Article 105. Regime of Aghion Oros ................................................................... 119 PART FOUR Special, Final and Transitory Provisions SECTION I Special Provisions Article 106. State and national economy ........................................................... 120 107. Protection of foreign capital and special economic legislation ........ 122 108. Emigrant Greeks .............................................................................. 122 109. Will, codicil, donation benefiting the State ..................................... 123 23
SECTION II Revision of the Constitution Article 110. Revision of the Constitution ............................................................ 123 SECTION III Transitory Provisions Article 111. Previous provisions contrary to the Constitution ..............................124 112. Promulgation of statute provided by the Constitution ................... 126 113. (Repealed)....................................................................................... 126 114. (Repealed)....................................................................................... 127 115. (Repealed) ...................................................................................... 127 116. Transitory provisions concerning magistrates .................................. 127 117. Annulment of certain areas ............................................................. 127 118. Transitory provisions concerning magistrates .................................. 128 119. Transitory provisions concerning pubic officials (Paragraph 1 of the article was repealed) ........................................ 130 SECTION IV Final Provision Article 120. Coming into force of the Constitution. The right to resist ................ 130 SUBJECT INDEX ......................................................................................................... 133 24
THE CONSTITUTION OF GREECE In the name of the Holy and Consubstantial and Indivisible Trinity PART ONE Basic Provisions SECTION I THE FORM OF GOVERNMENT Article 1 1. The form of government of Greece is that of a parliamentary republic. 2. Popular sovereignty is the foundation of government. 3. All powers derive from the People and exist for the People and the Nation; they shall be exercised as specified by the Constitution. 25
Article 2 1. Respect and protection of the value of the human being constitute the primary obligations of the State. 2. Greece, adhering to the generally recognised rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and States. SECTION II RELATIONS OF CHURCH AND STATE Article 3 1. The prevailing religion in Greece is that of the Eastern Orthodox Church of Christ. The Orthodox Church of Greece, acknowledging our Lord Jesus Christ as its head, is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Church of Christ of the same doctrine, observing unwaveringly, as they do, the holy apostolic and synodal canons and sacred traditions. It is autocephalous and is administered by the Holy Synod of serving Bishops and the Permanent Holy Synod originating thereof and assembled as specified by the Statutory Charter of the Church in compliance with the provisions of the Patriarchal Tome of June 29, 1850 and the Synodal Act of September 4, 1928. 2. The ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph. 3. The text of the Holy Scripture shall be maintained un26
altered. Official translation of the text into any other form of language, without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited. PART TWO INDIVIDUAL AND SOCIAL RIGHTS Article 4 1. All Greeks are equal before the law. 2. Greek men and women have equal rights and equal obligations. 3. All persons possessing the qualifications for citizenship as specified by law are Greek citizens. Withdrawal of Greek citizenship shall be permitted only in case of voluntary acquisition of another citizenship or of undertaking service contrary to national interests in a foreign country, under the conditions and procedures more specifically provided by law. 4. Only Greek citizens shall be eligible for public service, except as otherwise provided by special laws. 5. Greek citizens contribute without distinction to public charges in proportion to their means. 6. Every Greek capable of bearing arms is obliged to contribute to the defence of the Fatherland as provided by law. 7. Titles of nobility or distinction are neither conferred upon nor recognized in Greek citizens. 27
** Interpretative clause: The provision of paragraph 6 does not preclude that the law provides for the mandatory performance of other services, within or outside the armed forces (alternative service), by those having a substantiated conscientious objection to performing armed service or, generally, military duties. Article 5 1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages. 2. All persons living within the Greek territory shall enjoy full protection of their life, honour and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. 3. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. ** 4. Individual administrative measures restrictive of the free movement or establishment in the country, and of the free exit and entrance therein of any Greek are prohibited. Restrictive measures of such content may only be imposed as an attendant penalty by a criminal court ruling, in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, as specified by law. 28 ** Two asterisks indicate the provisions or interpreratives clauses revised in 2001.
** 5. All persons have the right to the protection of their health and of their genetic identity. Matters relating to the protection of every person against biomedical interventions shall be specified by law. Interpretative clause: Paragraph 4 does not preclude the prohibition of exit from the country for persons being prosecuted on criminal charges by act of the public prosecutor, or the imposition of measures necessary for the protection of public health or the health of sick persons, as specified by law. ** Article 5A 1. All persons have the right to information, as specified by law. Restrictions to this right may be imposed by law only insofar as they are absolutely necessary and justified for reasons of national security, of combating crime or of protecting rights and interests of third parties. 2. All persons have the right to participate in the Information Society. Facilitation of access to electronically transmitted information, as well as of the production, exchange and diffusion thereof, constitutes an obligation of the State, always in observance of the guarantees of articles 9, 9A and 19. Article 6 1. No person shall be arrested or imprisoned without a reasoned judicial warrant which must be served at the moment of arrest or detention pending trial, except when caught in the act of committing a crime. 2. A person who is arrested in the act of committing a crime or on a warrant shall be brought before the competent examining magistrate within twenty-four hours of his arrest at the latest; should the arrest be made outside the 29
seat of the examining magistrate, within the shortest time required to transfer him thereto. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time-limit shall be extended by two days. 3. Should either of these time-limits elapse before action has been taken, any warden or other officer, civil or military servant, responsible for the detention of the arrested person must release him immediately. Violators shall be punished for illegal detention and shall be liable to restore any damage caused to the sufferer and to pay him a monetary compensation for pain and suffering, as specified by law. ** 4. The maximum duration of detention pending trial shall be specified by law; such detention may not exceed a period of one year in the case of felonies or six months in the case of misdemeanours. In entirely exceptional cases, these maximum limits may be extended by six or three months respectively, by decision of the competent judicial council. It is prohibited to exceed these maximum limits of detention pending trial, by successively applying this measure to separate acts of the same case. Article 7 1. There shall be no crime, nor shall punishment be inflicted unless specified by law in force prior to the perpetration of the act, defining the constitutive elements of the act. In no case shall punishment more severe than that specified at the time of the perpetration of the act be inflicted. 30
2. Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity are prohibited and punished as provided by law. ** 3. The general confiscation of property is prohibited. The death penalty shall not be imposed, except in the cases provided by law for felonies perpetrated in time of war and related thereto. 4. The conditions under which the State, following a judicial decision, shall indemnify persons unjustly or illegally convicted, detained pending trial, or otherwise deprived of their personal liberty shall be provided by law. Article 8 No person shall be deprived of the judge assigned to him by law against his will. Judicial committees or extraordinary courts, under any name whatsoever, shall not be constituted. Article 9 1. Every person’s home is a sanctuary. The private and family life of the individual is inviolable. No home search shall be made, except when and as specified by law and always in the presence of representatives of the judicial power. 2. Violators of the preceding provision shall be punished for violating the home’s asylum and for abuse of power, and shall be liable for full damages to the sufferer, as specified by law. 31
** Article 9 A All persons have the right to be protected from the collection, processing and use, especially by electronic means, of their personal data, as specified by law. The protection of personal data is ensured by an independent authority, which is constituted and operates as specified by law. Article 10 1. Each person, acting on his own or together with others, shall have the right, observing the laws of the State, to petition in writing public authorities, who shall be obliged to take prompt action in accordance with provisions in force, and to give a written and reasoned reply to the petitioner as provided by law. 2. Prosecution of the person who has submitted a petition for punishable acts contained therein shall be permitted only after notification of the final decision of the authority to which the petition was addressed has taken place and after permission of this authority has been obtained. ** 3. The competent service or authority is obliged to reply to requests for the provision of information and for the supply of documents, especially certificates, supporting documents and attestations, within a set deadline not exceeding 60 days, as specified by law. In case this deadline elapses without action or in case of unlawful refusal, in addition to any other sanctions and consequences at law, special monetary compensation is also paid to the applicant, as specified by law. 32
Article 11 1. Greeks shall have the right to assemble peaceably and unarmed. 2. The police may be present only at outdoor public assemblies. Outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to public security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law. ** Article 12 1. Greeks shall have the right to form nonprofit associations and unions, in compliance with the law, which, however, may never subject the exercise of this right to prior permission. 2. An association may not be dissolved for violation of the law or of a substantial provision of its statutes, except by court judgment. 3. The provisions of the preceding paragraph shall apply, as the case may be, to unions of persons not constituting an association. 4. Agricultural and urban cooperatives of all types shall be self-governed according to the provisions of the law and of their statutes; they shall be under the protection and supervision of the State which is obliged to provide for their development. 5. Establishment by law of compulsory cooperatives serving purposes of common benefit or public interest or common exploitation of farming areas or other wealth producing sources shall be permitted, on condition however that the equal treatment of all participants shall be assured. 33
Article 13 1. Freedom of religious conscience is inviolable. The enjoyment of civil rights and liberties does not depend on the individual’s religious beliefs. 2. All known religions shall be free and their rites of worship shall be performed unhindered and under the protection of the law. The practice of rites of worship is not allowed to offend public order or the good usages. Proselytism is prohibited. 3. The ministers of all known religions shall be subject to the same supervision by the State and to the same obligations towards it as those of the prevailing religion. 4. No person shall be exempt from discharging his obligations to the State or may refuse to comply with the laws by reason of his religious convictions. 5. No oath shall be imposed or administered except as specified by law and in the form determined by law. Article 14 1. Every person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the State. 2. The press is free. Censorship and all other preventive measures are prohibited. 3. The seizure of newspapers and other publications before or after circulation is prohibited. Seizure by order of the public prosecutor shall be allowed exceptionally after circulation and in case of: a) an offence against the Christian or any other known religion, b) an insult against the person of the President of the Republic, 34
c) a publication which discloses information on the composition, equipment and set-up of the armed forces or the fortifications of the country, or which aims at the violent overthrow of the regime or is directed against the territorial integrity of the State, d) an obscene publication which is obviously offensive to public decency, in the cases stipulated by law. 4. In all the cases specified under the preceding paragraph, the public prosecutor must, within twenty-four hours from the seizure, submit the case to the judicial council which, within the next twenty-four hours, must rule whether the seizure is to be maintained or lifted; otherwise it shall be lifted ipso jure. An appeal may be lodged with the Court of Appeals and the Supreme Civil and Criminal Court by the publisher of the newspaper or other printed matter seized and by the public prosecutor. ** 5. Every person offended by an inaccurate publication or broadcast has the right to reply, and the information medium has a corresponding obligation for full and immediate redress. Every person offended by an insulting or defamatory publication or broadcast has also the right to reply, and the information medium has a corresponding obligation to immediately publish or transmit the reply. The manner in which the right to reply is exercised and in which full and immediate redress is assured or publication and transmission of the reply is made, shall be specified by law. 6. After at least three convictions within five years for the criminal acts defined under paragraph 3, the court shall order the definitive ban or the temporary suspension of the publication of the paper and, in severe cases, shall prohibit the convicted person from practising the profession of journalist as specified by law. The ban or suspension of publication shall be effective as of the date the court order becomes irrevocable. 35
** 7. Matters relating to the civil and criminal liability of the press and of the other information media and to the expeditious trial of relevant cases, shall be specified by law. 8. The conditions and qualifications requisite for the practice of the profession of journalist shall be specified by law. ** 9. The ownership status, the financial situation and the means of financing of information media must be made known as specified by law. The measures and restrictions necessary for fully ensuring transparency and plurality in information shall be specified by law. The concentration of the control of more than one information media of the same type or of different types is prohibited. More specifically, concentration of more than one electronic information media of the same type is prohibited, as specified by law. The capacity of owner, partner, major shareholder or managing director of an information media enterprise, is incompatible with the capacity of owner, partner, major shareholder or managing director of an enterprise that undertakes towards the Public Administration or towards a legal entity of the wider public sector to perform works or to supply goods or services. The prohibition of the previous section extends also over all types of intermediary persons, such as spouses, relatives, financially dependent persons or companies. The specific regulations, the sanctions, which may extend to the point of revocation of the license of a radio or television station and to the point of prohibition of the conclusion or to the annulment of the pertinent contract, as well as the means of control and the guarantees for the prevention of infringements of the previous sections, shall be determined by law. 36
Article 15 1. The protective provisions for the press in the preceding article shall not be applicable to films, sound recordings, radio, television or any other similar medium for the transmission of speech or images. ** 2. Radio and television shall be under the direct control of the State. The control and imposition of administrative sanctions belong to the exclusive competence of the National Radio and Television Council, which is an independent authority, as specified by law. The direct control of the State, which may also assume the form of a prior permission status, shall aim at the objective and on equal terms transmission of information and news reports, as well as of works of literature and art, at ensuring the quality level of programs mandated by the social mission of radio and television and by the cultural development of the Country, as well as at the respect of the value of the human being and the protection of childhood and youth. Matters relating to the mandatory and free of charge transmission of the workings of the Parliament and of its committees, as well as of the electoral campaign messages of the political parties by radio and television, shall be specified by law. Article 16 1. Art and science, research and teaching shall be free and their development and promotion shall be an obligation of the State. Academic freedom and freedom of teaching shall not exempt anyone from his duty of allegiance to the Constitution. 2. Education constitutes a basic mission for the State and shall aim at the moral, intellectual, professional and physical 37
training of Greeks, the development of national and religious consciousness and at their formation as free and responsible citizens. 3. The number of years of compulsory education shall be no less than nine. 4. All Greeks are entitled to free education on all levels at State educational institutions. The State shall provide financial assistance to those who distinguish themselves, as well as to students in need of assistance or special protection, in accordance with their abilities. 5. Education at university level shall be provided exclusively by institutions which are fully self-governed public law legal persons. These institutions shall operate under the supervision of the State and are entitled to financial assistance from it; they shall operate on the basis of statutorily enacted by-laws. Merging or splitting of university level institutions may take place notwithstanding any contrary provisions, as a law shall provide. A special law shall define all matters pertaining to student associations and the participation of students therein. 6. Professors of university level institutions shall be public functionaries. The remaining teaching personnel likewise perform a public function, under the conditions specified by law. The statutes of respective institutions shall define matters relating to the status of all the above. Professors of university level institutions shall not be dismissed prior to the lawful termination of their term of service, except in the cases of the substantive conditions provided by article 88 paragraph 4 and following a decision by a council constituted in its majority of highest judicial functionaries, as specified by law. The retirement age of professors of university level institutions shall be determined by law; until such law is issued, professors on active service shall retire ipso jure at the end 38
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