Focus on Greek Immigration, Focus on the Greek Constitution
Relationship Between Church and State
Article 3
Paragraph 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.
Paragraph 2: The ecclesiastical regime existing in certain regions of the State shall not be deemed contrary to the provisions of the preceding paragraph.
Paragraph 3: The text of the Holy Scripture shall be maintained unaltered. Official translation of the text into any other form of language, without prior sanction by the Autocephalous Church of Greece and the Great Church of Christ in Constantinople, is prohibited.
Part Two: Individual and Social Rights
Article 4
Paragraph 1: All Greeks are equal before the law.
Paragraph 2: Greek men and women have equal rights and equal obligations.
Paragraph 3: All persons possessing the qualifications for citizenship as specified by law are Greek citizens. Withdrawal of Greek citizenship shall be permitted only in such cases as are specified by law, provided that those who voluntarily acquire another citizenship or who accept and exercise duties in a foreign country contrary to the national interest may be deprived of their Greek citizenship, under the conditions and procedures more specifically provided by law.
Paragraph 4: Only Greek citizens shall be eligible for public service, except as otherwise provided by special laws.
Paragraph 5: Greek citizens contribute without distinction to public charges in proportion to their means.
Paragraph 6: Every Greek capable of bearing arms is obliged to contribute to the defense of the Fatherland as provided by law.
Paragraph 7: Titles of nobility or distinction are neither conferred upon nor recognized in Greek citizens.
Article 5
Paragraph 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 upon the rights of others or violate the Constitution and the moral values.
Paragraph 2: All persons living within the Greek territory shall enjoy full protection of their life, honor, 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 is prohibited.
Paragraph 3: Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned, or otherwise confined except when and as the law provides.
Paragraph 4: Individual administrative measures restricting the free movement or residence of every Greek within the country, and the free exit from and entry into the country, shall be prohibited. Such measures may be imposed only in cases of emergency and only to prevent the commission of criminal acts, following a decision by the criminal court as provided by law. In cases of extreme urgency, the decision may be issued after the administrative measure has been taken, but it must be revoked if not issued within three days; otherwise, the measure shall be automatically lifted by law.
Interpretative clause: Paragraph 4 does not preclude the prohibition of exit from the country for persons prosecuted under a prosecutor's order, or the imposition of necessary measures for the protection of public health or the health of sick persons, as provided by law.
Article 6
Paragraph 1: No one 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.
Paragraph 2: A person who is arrested or detained in the act of committing a crime or on a warrant must be brought before the competent examining magistrate within twenty-four hours of his arrest; if the arrest was made outside the magistrate's district, he must be brought before him within the shortest possible time required for his transfer. The examining magistrate must, within three days of the person being brought before him, either release the detainee or issue a warrant for his imprisonment. This time limit shall be extended by two days if the detainee so requests or in the event of force majeure, as certified by a decision of the competent judicial council.
Paragraph 3: Should the above time limits expire without such action, any jailer or other official, whether civil or military, charged with the detention of the arrested person must release him immediately. Violators shall be punished for illegal detention and shall be liable to compensate the victim for any damage and to pay a sum for moral damages as provided by law.
Paragraph 4: The maximum duration of detention pending trial shall be specified by law; it shall not exceed one year for felonies and six months for misdemeanors. In exceptional cases, these limits may be extended by six months or three months respectively, by decision of the competent judicial council.
Article 7
Paragraph 1: There shall be no crime, nor shall any punishment be inflicted, unless specified by law in force prior to the commission of the act. In no case shall a punishment be inflicted more severe than that provided for at the time of the commission of the act.
Paragraph 2: Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offense against human dignity, are prohibited and punished as provided by law.
Paragraph 3: General confiscation of property is prohibited. The death penalty shall not be imposed for political crimes, unless they are also accompanied by other crimes.
Paragraph 4: The conditions under which the State, following a judicial decision, shall indemnify persons unjustly or illegally convicted, arrested, 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 special courts shall not be established under any name whatsoever.
Article 9
Paragraph 1: Every person's home is a sanctuary. Private and family life is inviolable. No house search shall be made except when and as the law provides and always in the presence of representatives of the judicial authority.
Paragraph 2: Violators of the preceding provision shall be punished for abuse of authority and shall be liable to full compensation to the victim, as provided by law.
Article 10
Paragraph 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, and the competent authorities shall be obliged to take prompt action in accordance with the provisions in force and to provide a reasoned written reply to the petitioner, as provided by law.
Paragraph 2: Prosecution of the petitioner for the petition submitted shall be permitted only after the final decision of the authority to which the petition was addressed and with the permission of that authority.
Paragraph 3: The competent authority is obliged to respond to requests for information in accordance with the law.
Article 11
Paragraph 1: All Greeks shall have the right to assemble peaceably and unarmed.
Paragraph 2: The police may be present only at public outdoor assemblies. Public outdoor assemblies may be prohibited by a reasoned decision of the police authority, in general, if they pose a serious threat to public security, or in a specific area, if they threaten to disrupt seriously social and economic life, as provided by law.
Article 12
Paragraph 1: All Greeks shall have the right to form non-profit associations and unions, in compliance with the law, which, however, shall never subject the exercise of this right to prior permission.
Paragraph 2: An association shall not be dissolved for violation of the law or of a substantial provision of its statutes except by court judgment.
Paragraph 3: The provisions of the preceding paragraph shall apply mutatis mutandis to unions of persons not constituting an association.
Paragraph 4: Restrictions on the right of civil servants to associate shall be specified by law. The same applies to employees of local government agencies, other public legal entities, and public enterprises.
Paragraph 5: Agricultural and urban cooperatives of all types shall be self-governed according to the provisions of the law and their statutes; they shall be under the protection and supervision of the State, which is obliged to provide for their development.
Paragraph 6: Compulsory cooperatives may be established by law for the purpose of serving public interests or common utility or for the joint exploitation of land or other wealth-producing sources, provided that equal treatment of all participants is ensured.
Article 13
Paragraph 1: Freedom of religious conscience is inviolable. The enjoyment of civil and individual rights does not depend on the individual's religious beliefs.
Paragraph 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 shall not offend public order or the moral values. Proselytism is prohibited.
Paragraph 3: The ministers of all known religions shall be subject to the same supervision by the State and to the same obligations toward it as those of the prevailing religion.
Paragraph 4: No person shall be exempt from discharging his obligations to the State or refuse to comply with the laws by reason of his religious convictions.
Paragraph 5: No oath shall be imposed except in the form provided by law.
Article 14
Paragraph 1: Every person may express and propagate his thoughts orally, in writing, and through the press in compliance with the laws of the State.
Paragraph 2: The press is free. Censorship and all other preventive measures are prohibited.
Paragraph 3: The seizure of newspapers and other publications before or after circulation is prohibited.
Seizure by order of the public prosecutor shall be permitted only after circulation and in cases of:
(1) Offense against the Christian or any other known religion;
(2) Insult against the person of the President of the Republic;
(3) Disclosure of information regarding the composition, equipment, and disposition of the armed forces or the fortifications of the country, or incitement to violent overthrow of the regime or directed against the territorial integrity of the State;
(4) Obscene publications which obviously offend public decency in cases specified by law.
Paragraph 4: In the cases specified in the preceding paragraph, the public prosecutor must, within twenty-four hours of the seizure, submit the case to the judicial council, which must, within the next twenty-four hours, decide whether the seizure shall be maintained or lifted; otherwise, the seizure shall be automatically lifted by law. An appeal may be filed by the publisher of the seized publication and by the public prosecutor against the decision of the judicial council to the Court of Appeal.
Paragraph 5: The manner in which the press shall be prohibited from publishing shall be specified by law.
Paragraph 6: After at least three convictions within five years for the offenses specified in paragraph 3, the court shall order the permanent or temporary ban of the publication and, in severe cases, the disqualification of the convicted person from practicing the profession of journalist, as provided by law. The ban or disqualification shall be effective from the date the court order is served.
Paragraph 7: The trial of press offenses shall be summary and conducted as provided by law.
Paragraph 8: The conditions and qualifications for practicing the profession of journalist shall be specified by law.
Paragraph 9: The law may require the disclosure of the source of funding for press media.
Article 15
Paragraph 1: The protective provisions for the press set forth in the preceding article shall not be applicable to cinema, sound recordings, radio, television, or any other similar medium for the transmission of speech or images.
Paragraph 2: Radio and television shall be under the direct control of the State and shall aim at the objective and equal transmission of information and news reports, as well as works of literature and art; the quality level of programs shall be ensured in view of their social mission and the cultural development of the country.
Article 16
Paragraph 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 the duty of allegiance to the Constitution.
Paragraph 2: Education constitutes a basic mission for the State and shall aim at the moral, intellectual, professional, and physical training of Greeks, the development of national and religious consciousness, and their formation as free and responsible citizens.
Paragraph 3: The years of compulsory education shall be no less than nine.
Paragraph 4: All Greeks are entitled to free education at all levels at State educational institutions. The State shall provide financial assistance to students who distinguish themselves, as well as to those who are in need of assistance or special protection, in accordance with their abilities.
Paragraph 5: University education shall be provided exclusively by institutions which are fully self-governed public legal entities. These institutions shall be under the supervision of the State and are entitled to financial support from it; they shall operate in accordance with the provisions of their statutes. Merging of university institutions may be provided by law, notwithstanding any contrary provisions in their statutes. The participation of students in the administration of universities shall be provided by law.
Paragraph 6: Professors of university institutions shall be public officials. The remaining teaching staff shall also perform public service under the conditions provided by law. The status of all such persons shall be defined by the statutes of the respective institutions.
Professors of university institutions shall not be dismissed before the expiration of their term of service, except in the cases of the substantive disciplinary provisions and following a decision by a council composed in its majority of highest judicial officials, as provided by law.
The retirement age for university professors shall be specified by law; until such law is issued, professors in office shall retire upon reaching the age of 67 at the end of the academic year.
Paragraph 7: Vocational and any other form of special education shall be provided by the State through schools of a level higher than compulsory education and for a duration not exceeding three years, as provided by law, which also defines the professional rights of graduates of such schools.
Paragraph 8: The conditions for the establishment of schools not owned by the State, the supervision of such schools, and the status of the teaching staff therein shall be specified by law.
The establishment of private universities is prohibited.
Paragraph 9: Athletics shall be under the protection and ultimate supervision of the State.
The State shall subsidize and control all types of athletic associations, as provided by law. The use of grants in accordance with the purpose of the subsidized athletic associations shall also be specified by law.
Article 17
Paragraph 1: Property is under the protection of the State; rights deriving therefrom, however, may not be exercised contrary to the public interest.
Paragraph 2: No one shall be deprived of his property except for public benefit which must be duly proven, when and as the law provides, and always after full compensation corresponding to the value of the expropriated property at the time of the court's decision on the provisional compensation. In cases where a request is made for the final determination of compensation, the value at the time of the court's hearing of the request shall be considered.
Paragraph 3: Any change in the value of the expropriated property occurring after the publication of the expropriation act and resulting exclusively from the act shall not be taken into account.
Paragraph 4: Compensation shall be determined by civil courts. Such compensation may also be determined provisionally by the court after hearing or summoning the beneficiary, who may be compelled to provide a corresponding guarantee for the collection of the compensation, as provided by law.
Until the final or provisional compensation is paid, all rights of the owner shall remain intact and dispossession shall not be permitted.
In any case, the compensation determined by the court must be paid within one year, and at most one and a half years, from the date of the publication of the decision on provisional compensation, or in the case of a direct request for final compensation, from the date of the court's ruling; otherwise, the expropriation shall be automatically revoked. The compensation itself shall not be subject to any taxes, deductions, or fees.
Paragraph 5: The cases in which the beneficiary is obliged to compensate for the loss of income from the expropriated property until the payment of the compensation shall be specified by law.
Paragraph 6: For the execution of works of major importance for the national economy, the law may permit the expropriation of areas larger than those necessary for the project. The law shall specify the conditions and terms of such expropriation, as well as the manner of disposal of the land exceeding the needs of the project for public or common utility purposes.
Paragraph 7: The law may permit the execution of underground works at the required depth by the State, public legal entities, local government agencies, public utility organizations, and public enterprises, for the purpose of public utility, without compensation, provided that the normal use of the surface property is not hindered.
Article 18
Paragraph 1: The ownership and use of mines, quarries, caves, archaeological sites and treasures, mineral springs, rivers, groundwater, and generally underground resources shall be regulated by special laws.
Paragraph 2: The ownership, use, and management of lagoons and large lakes, as well as the general disposal of land resulting from the draining of lakes, shall be regulated by law.
Paragraph 3: Requisitions of property for the needs of the armed forces in case of war or mobilization, or for the purpose of addressing an immediate social emergency that may endanger public order or public health, shall be regulated by special law.
Paragraph 4: The redistribution of agricultural land for the purpose of more efficient exploitation, as well as measures to prevent the excessive fragmentation of land or to facilitate the consolidation of small fragmented farms, shall be carried out in accordance with the procedures provided by law.
Paragraph 5: In addition to the cases provided for in the preceding paragraphs, the law may specify other cases of deprivation of the free use and enjoyment of property due to special circumstances. The law shall specify the obligor and the procedure for the payment of compensation to the beneficiary corresponding to the use or enjoyment.
Measures taken under this paragraph shall be lifted as soon as the special circumstances justifying them cease to exist. In case of illegal extension of the measure, the administrative court may rule for its revocation upon the petition of any person having a legitimate interest.
Paragraph 6: The law may regulate the disposal of abandoned lands for the purpose of their reclamation and for the benefit of the national economy and the rehabilitation of landless farmers. The law shall also provide for the terms of partial or full compensation to the owners of such lands, should they appear within a reasonable time limit.
Paragraph 7: In urban areas, the joint compulsory ownership of adjacent properties may be imposed by law if the independent reconstruction of these properties or some of them does not conform to the current or future building plan of the area.
Paragraph 8: Agricultural lands belonging to the Holy Monastery of Saint Anastasia the Pharmacolytria in Chalkidiki, the Vlatadon Monastery in Thessaloniki, and the Monastery of Saint John the Theologian in Patmos are exempt from expropriation. The same applies to Greek properties of the Patriarchates of Alexandria, Antioch, and Jerusalem, as well as the Holy Monastery of Mount Sinai.
Article 19
The secrecy of letters and all other forms of free correspondence or communication is absolutely inviolable. The guarantees under which the judicial authority shall not be bound by this secrecy for reasons of national security or for the purpose of investigating particularly serious crimes shall be specified by law.
Article 20
Paragraph 1: Every person shall be entitled to legal protection by the courts and may plead before them his views concerning his rights or interests, as specified by law.
Paragraph 2: The right of prior hearing of the interested person shall also apply in any administrative action or measure adopted at the expense of his rights or interests.
Article 21
Paragraph 1: The family, as the foundation of the preservation and advancement of the Nation, as well as marriage, motherhood, and childhood, shall be under the protection of the State.
Paragraph 2: Families with many children, those who are disabled due to war or peace, war victims, and those suffering from incurable bodily or mental diseases are entitled to special care by the State.
Paragraph 3: The State shall care for the health of citizens and shall adopt special measures for the protection of youth, the elderly, the disabled, and for the relief of the needy.
Paragraph 4: The acquisition of a home by the homeless or those inadequately sheltered shall constitute an object of special care by the State.
Article 22
Paragraph 1: Work constitutes a right and shall be under the protection of the State, which shall care for the creation of conditions of employment for all citizens and for the moral and material advancement of the rural and urban working population.
All workers, irrespective of gender or other distinctions, shall be entitled to equal pay for work of equal value.
Paragraph 2: General working conditions shall be determined by law, supplemented by collective labor agreements concluded through free negotiations and, in case of failure thereof, by such rules as may be established by arbitration.
Paragraph 3: Any form of compulsory labor is prohibited.
Special laws shall determine the extent of compulsory personal service in case of war or mobilization or to meet defense needs of the country or urgent social emergencies resulting from natural disasters or likely to endanger public health, as well as the contribution of personal work to local government agencies to satisfy local needs.
Paragraph 4: The State shall care for the social security of the working population, as provided by law.
Interpretative clause: General working conditions include the determination of the manner of collection and the obligation to pay union dues, as provided by the respective statutes.
Article 23
Paragraph 1: The State shall adopt due measures to safeguard trade union freedom and the unhindered exercise of related rights against any infringement, within the limits of the law.
Paragraph 2: Strike constitutes a right and shall be exercised by lawfully established trade unions for the protection and promotion of the economic and general labor interests of the working people.
Strikes by judicial officials and members of the security forces are prohibited. The right to strike by civil servants and employees of local government agencies or public legal entities, as well as employees of public enterprises or public utility organizations whose operation is vital for the basic needs of the whole society, shall be subject to the restrictions specified by the law regulating this right. These restrictions shall not abolish the right to strike or hinder its lawful exercise.
Article 24
Paragraph 1: The protection of the natural and cultural environment constitutes a duty of the State. The State is bound to adopt special preventive or repressive measures for the preservation of the environment. Matters concerning the protection of forests and forest areas in general shall be regulated by law. The alteration of the use of state forests and state-owned forest areas is prohibited, except where required for agricultural development or other uses of public interest for the national economy.
Paragraph 2: The regulation, alteration, and development of urban areas and the expansion of cities and residential areas shall be under the regulatory authority and control of the State, in order to serve the functionality and development of the settlements and to ensure the best possible living conditions.
Paragraph 3: For the purpose of designating areas for residential use and implementing urban planning, the properties included in such areas must, without compensation from the relevant agencies, contribute land for the creation of necessary roads, squares, and public utility areas; they must also contribute to the costs of infrastructure and public works required by the urban plan.
Paragraph 4: The law may provide for the participation of property owners in the revaluation and general arrangement of the area included in the urban plan, in exchange for real estate of equal value and level or buildings in the finally designated construction areas.
Paragraph 5: The provisions of the preceding paragraph shall also apply to the renewal of existing residential areas. The vacant space created by such renewal shall be used for the creation of public utility areas or sold to cover the costs of the urban renewal, as provided by law.
Paragraph 6: Monuments and historical sites shall be under the protection of the State. The law shall specify the necessary measures for the restriction of private ownership for the protection of monuments and historical sites and the compensation of their owners.
Article 25
Paragraph 1: The rights of man as an individual and as a member of the social body are placed under the protection of the State, and all state bodies are obliged to ensure their unhindered exercise.
Paragraph 2: The State recognizes and protects the inalienable and imprescriptible rights of man as a basis for social progress, freedom, and justice.
Paragraph 3: The abusive exercise of rights is prohibited.
Paragraph 4: The State has the right to claim from all citizens the fulfillment of the duty of social and national solidarity.