Focus on Greek Immigration, Focus on the Greek Constitution
State Institutions
Article 26
1. Legislative power shall be exercised by the Parliament and the President of the Republic.
2. Executive power shall be exercised by the President of the Republic and the Government.
3. Judicial power shall be exercised by the courts, and judicial decisions shall be executed in the name of the Greek people.
Article 27
1. The boundaries of the State may not be altered without a law passed by an absolute majority of the total number of Members of Parliament.
2. Foreign military forces shall not be admitted to, remain in, or pass through the Greek territory without a law passed by an absolute majority of the total number of Members of Parliament.
Article 28
1. The generally recognized rules of international law, as well as international conventions, shall be an integral part of domestic Greek law and shall prevail over any contrary provision of the law, from the time they are ratified by law and become effective under the conditions therein. The application of international law and international conventions to aliens shall always be conditioned on the principle of reciprocity.
2. In order to serve an important national interest and promote cooperation with other states, authorities provided for by the Constitution may, by treaty or agreement, be vested in agencies of international organizations, provided that such treaty or agreement is approved by a law passed by a three-fifths majority of the total number of Members of Parliament.
3. Greece may freely limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon human rights or the foundations of the democratic form of government, and is based on the principle of equality and reciprocity, provided that such action is approved by a law passed by an absolute majority of the total number of Members of Parliament.
Article 29
1. Greek citizens possessing the right to vote may freely establish and participate in political parties. The organization and activity of political parties must serve the free functioning of the democratic form of government.
Citizens who have not yet acquired the right to vote may participate in youth sections of political parties.
2. The law shall regulate the financial support of political parties by the State, as well as the publicity of election expenses of political parties and candidates for parliamentary office.
3. Any form of activity in favor of a political party by judicial officials, military personnel, members of the security forces, and civil servants is strictly prohibited. The same applies to employees of public corporate bodies, public enterprises, and local government agencies.
4. The President of the Republic under the Constitution of the Hellenic Republic
Focus on Greek Immigration, Focus on the Greek Constitution
The President of the Republic
Section I: 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 provided in Articles 32 and 33.
2. The office of the President of the Republic is incompatible with any other public office or position.
3. The term of office of the President of the Republic shall commence upon his swearing-in.
4. In the event of war, the term of office of the President shall be extended until the end of the war.
5. The President of the Republic may be re-elected only once.
Article 31
Any Greek citizen who has attained the age of forty, possesses the legal right to vote, is of Greek parentage, and has been a resident of Greece for at least five years may be elected President of the Republic.
Article 32
1. The President of the Republic shall be elected by Parliament through a special session convened by the Speaker at least one month before the expiration of the term of the incumbent President, by secret ballot.
In the event of the President's permanent incapacity to discharge his duties, as provided in Article 34, paragraph 2, or in the event of his resignation, death, or removal from office in accordance with the Constitution, the Parliament shall convene to elect a new President within ten days at the latest from the early termination of the predecessor's term.
2. In all cases, the term of the elected President shall be five years.
3. The person who receives a two-thirds majority of the total number of Members of Parliament shall be elected President of the Republic.
If the aforementioned majority is not attained, a second ballot shall be held five days later.
If the required majority is still not attained in the second ballot, a third ballot shall be held five days later; the person who receives a three-fifths majority of the total number of Members of Parliament shall be elected President of the Republic.
4. If the third ballot fails to produce the majority specified in the previous paragraph, the Parliament may be dissolved within ten days, and general elections shall be held to constitute a new Parliament. Only the incumbent President of the Republic has the authority to sign the decree dissolving Parliament; in the event of a vacancy, the Speaker acting as President may sign it.
Once the new Parliament is formally constituted, it shall immediately convene and elect the President of the Republic by secret ballot, requiring a three-fifths majority of the total number of Members of Parliament.
If this majority is not attained, a second ballot shall be held within five days, and the person who receives an absolute majority of the total number of Members of Parliament shall be elected. If an absolute majority is not attained, a final ballot shall be held five days later between the two candidates who received the most votes in the previous ballot, and the person who receives a relative majority shall be deemed elected President of the Republic.
5. During a parliamentary recess, a special session may be convened to elect a new President in accordance with the provisions of paragraph 4.
In any case where Parliament is dissolved, the election of the President of the Republic shall be postponed until the new Parliament is formally constituted, and shall be held within twenty days at the latest, in accordance with the provisions of paragraphs 3 and 4 of this Article and Article 34, paragraph 1.
6. If the procedures for electing a new President as provided in the preceding paragraphs are not completed in time, the incumbent President of the Republic shall continue to exercise his duties even after his term has expired, until a new President is elected.
Interpretative Clause:
A President of the Republic who has resigned before the expiration of his term may not be a candidate in the election for a new President held following his resignation.
Article 33
1. The President-elect shall assume office on the day following the expiration of the term of the outgoing President, or in all other cases, on the day following his election.
2. Before assuming office, the President of the Republic shall take the following oath before Parliament:
“I swear in the name of the Holy and Consubstantial and Indivisible Trinity to safeguard the Constitution and the laws, to ensure their faithful observance, 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 progress of the Greek people.”
3. The annual salary and the scope of authority of the President of the Republic shall be determined by law.
Article 34
1. Should the President of the Republic be abroad for more than ten days, or in the event of his death, resignation, removal from office, or any other cause preventing him from discharging his duties, he shall be temporarily replaced by the Speaker of Parliament; if there is no Parliament, the Speaker of the previous Parliament shall act as replacement, and if he refuses or is unavailable, the Government shall act collectively.
During the period of presidential transition, the provisions regarding the dissolution of Parliament shall not be applied, except in the cases provided for in Article 32, paragraph 4, and the provisions regarding the dismissal of the Government and the calling of a referendum as provided in Article 37, paragraph 4, and Article 44, paragraph 2.
2. If the incapacity of the President of the Republic to discharge his duties exceeds thirty days, the Parliament must be mandatorily convened, even if it has been dissolved, to decide by a three-fifths majority whether a new presidential election is necessary. In any case, the election of a new President must take place within six months from the commencement of the temporary replacement due to incapacity.
Section II: Powers and Responsibilities of the President
Article 35
1. Any act of the President of the Republic shall be invalid and unenforceable unless countersigned by the competent Minister, who shall be held responsible, and published in the Government Gazette.
If the Government has been dismissed and the relevant act has not been signed by the Prime Minister, it may be signed by the new Prime Minister.
2. The following acts do not require countersignature:
(1) Appointment of the Prime Minister;
(2) Convening of the Council of Ministers under the presidency of the President, in accordance with Article 38, paragraph 3;
(3) Convening of the Council of the Republic;
(4) Returning a passed bill or proposal to Parliament, in accordance with Article 42, paragraph 3;
(5) Powers provided for in Article 32, paragraph 4, Article 37, paragraph 3, Article 41, paragraphs 1 and 4, and Article 44, paragraph 2;
(6) Addressing the nation in urgent and extraordinary circumstances, in accordance with Article 44, paragraph 3;
(7) Appointment of staff for the departments of the Office of the President of the Republic.
Article 36
1. The President of the Republic, while always complying with the provisions of Article 35, paragraph 1, shall have the right to represent the State internationally, declare war, conclude treaties of peace, alliance, and economic cooperation, and participate in international organizations or unions. The President shall inform Parliament of such matters and provide necessary explanations when national interest and security permit.
2. Any trade, tax, or economic cooperation agreement, or any treaty involving participation in international organizations or unions, or any other agreement containing concessions that, under this Constitution, cannot be made without legislation, or that imposes burdensome obligations on individual Greeks, shall be invalid without the approval of Parliament through legislation.
3. Secret articles of any agreement or treaty may not contradict the public articles.
4. The power to ratify international treaties does not belong to the legislative branch, in accordance with Article 43, paragraphs 2 and 4.
Article 37
1. The President of the Republic shall appoint the Prime Minister and, upon the Prime Minister's recommendation, appoint and dismiss other members of the Government and Deputy Ministers.
2. The leader of the party holding an absolute majority of seats in Parliament shall be appointed Prime Minister. If the party leader is unavailable, or if the leader has not been elected as a Member of Parliament, or if there is no party spokesperson, the President shall appoint the Prime Minister after the Speaker has informed him of the number of seats held by each party in Parliament, and the parliamentary group has elected a leader, within five days at the latest.
3. If no party holds an absolute majority, the President of the Republic shall entrust the leader of the party holding a relative majority with an exploratory mandate to determine the possibility of forming a government that enjoys the confidence of Parliament, in accordance with the previous paragraph.
4. If the aforementioned exploratory mandate fails, the President of the Republic shall entrust the leader of the second-largest party with a new exploratory mandate, or, after consulting with the Council of the Republic, the President may appoint a Prime Minister, regardless of whether they are a Member of Parliament, whom he believes can obtain a vote of confidence from Parliament. The President of the Republic must authorize the Prime Minister appointed in this manner to dissolve Parliament and hold general elections.
Article 38
1. If the Prime Minister resigns or if Parliament rejects the Government in accordance with Article 84, the President of the Republic shall dismiss the Prime Minister. In such cases, the President shall authorize a Member of Parliament who can obtain a vote of confidence as provided in Article 84 to form a new government, or authorize a person, regardless of whether they are a Member of Parliament, to immediately dissolve Parliament and hold general elections.
2. The President of the Republic, after consulting with the Council of the Republic, may dismiss the Government and apply the provisions of the second paragraph of the preceding clause.
3. In extraordinary circumstances, the President of the Republic may convene and preside over the Cabinet meeting.
Article 39
1. In cases provided for by the Constitution, the President of the Republic may convene and preside over the Council of the Republic. The President may also convene such a meeting in any other instance where he deems the national situation to be serious.
2. The Council of the Republic shall be composed of former Presidents of the Republic elected by democratic process, the Prime Minister, the Speaker of Parliament, the leader of the parliamentary opposition, and former Prime Ministers who have served as Members of Parliament or led a government that received a vote of confidence from Parliament.
Article 40
1. The President of the Republic must convene Parliament in an ordinary session once a year, in accordance with Article 64, paragraph 1, and may convene extraordinary sessions of Parliament when he deems it necessary. The commencement and conclusion of each parliamentary term must be announced by the President of the Republic himself or through the Prime Minister.
2. The President of the Republic may suspend parliamentary sessions only once, either by postponing the opening or by declaring an adjournment.
3. Suspension of parliamentary sessions shall not exceed thirty days, and the session may not be suspended again during the same term without the consent of Parliament itself.
Article 41
1. If Parliament clearly acts against the will of the people or if its composition cannot guarantee the stability of the Government, the President of the Republic may dissolve Parliament after consulting with the Council of the Republic.
2. At the request of a Government that has received a vote of confidence, the President of the Republic may dissolve Parliament in order to renew the popular mandate to address particularly important national issues.
3. In the case provided for in the preceding paragraph, the decree dissolving Parliament, countersigned by the Cabinet, must simultaneously announce the holding of general elections within thirty days and the convening of the new Parliament within thirty days after the elections.
4. The new Parliament elected after the dissolution of the previous one may not be dissolved within one year from the date of its opening, unless it has rejected two successive governments. The President of the Republic must consult with the Council of the Republic before signing such a decree of dissolution. Parliament may not be dissolved for the same reason twice.
5. In the cases provided for in Article 32, paragraph 4, the dissolution of Parliament is mandatory.
Article 42
1. The President of the Republic must approve and publish laws passed by Parliament within one month of their passage.
2. Within the period specified in the preceding paragraph, the President of the Republic may return a bill passed by Parliament to Parliament, stating the reasons for not approving it.
3. Any bill or proposal that has been passed by Parliament and returned by the President of the Republic may be resubmitted to the plenary session of Parliament for a new vote in accordance with the procedure provided in Article 76, paragraph 2. If it is passed again by an absolute majority, the President of the Republic shall approve and publish it within ten days of the second vote.
Article 43
1. The President of the Republic may issue decrees necessary for the execution of laws, but may not suspend the execution of laws or exempt anyone from the obligation to execute them.
2. At the request of the competent Minister, administrative regulations may be issued within the scope of special authorization provided by law. For specific issues, local interests, or technical and detailed matters, authorization may be granted to other administrative officials to issue administrative regulations.
3. The President of the Republic may issue organizational decrees to regulate matters concerning the internal organization and functions of state agencies and public bodies; however, such organizational decrees may not provide for an increase in the staffing of the relevant agencies or change their hierarchical structure. Such organizational decrees may only be issued after the President has consulted with the Supreme Council, which, according to law, is composed of at least two-thirds judicial officials.
4. In accordance with laws passed by the plenary session of Parliament, authorization may be granted to issue administrative regulations concerning matters specified in the law. The law must set forth the general principles and guidelines to be followed in drafting the regulations and specify the duration for the exercise of this authorization.
5. Matters that fall under the jurisdiction of the plenary session of Parliament in accordance with Article 72, paragraph 1, may not be delegated under the provisions of the preceding paragraph.
Article 44
1. In urgent and unforeseeable extraordinary circumstances, the President of the Republic, at the request of the Cabinet, may issue legislative decrees. Such legislative decrees must be submitted to Parliament for approval within forty days of their issuance or within forty days of the convening of Parliament, in accordance with Article 72, paragraph 1. If such a decree is not submitted to Parliament within the aforementioned period, or if it is not approved by Parliament within three months of submission, the decree shall cease to be in effect.
2. The President of the Republic may order the submission of particularly urgent national issues to a referendum.
3. In the event of particularly urgent extraordinary circumstances, the President of the Republic may address the nation and have the address published in the Government Gazette.
Article 45
In accordance with the law, the President of the Republic is the Commander-in-Chief of the Armed Forces, and his command authority is exercised by the Government. Military ranks shall be conferred by the President in accordance with the law.
Article 46
1. Except in cases provided for by law, the President of the Republic shall appoint and dismiss public officials in accordance with the law.
2. The President of the Republic shall confer state honors and medals in accordance with the relevant laws.
Article 47
1. Upon the recommendation of the Minister of Justice and after consulting with a committee composed mostly of judges, the President of the Republic has the right to grant pardons, commute sentences, or modify criminal judgments, as well as to eliminate all legal consequences of criminal convictions and sentences.
2. The President of the Republic has the right to pardon a Minister convicted in accordance with Article 86 only with the consent of Parliament.
3. Amnesty may be granted only for political crimes, and the amnesty decree must be issued by the President upon the recommendation of the Cabinet.
4. Amnesty may not be granted for common criminal offenses, even through legislation.
Article 48
1. In the event of war or mobilization due to external threats, the President of the Republic may issue a presidential decree countersigned by the Cabinet; in the event of serious disturbance or clear threat to public order and national security, he may issue a presidential decree countersigned by the Prime Minister, declaring the suspension of the provisions of Article 5, paragraph 4, Article 6, Article 8, Article 9, Article 11, paragraphs 1 to 4, Article 12, Article 14, Article 19, Article 22, Article 23, Article 96, paragraph 4, and Article 97, or certain provisions thereof, throughout Greece or in specific regions, and may declare a state of siege and establish special courts. The law on the state of siege may not be amended during its implementation.
2. After issuing the aforementioned presidential decree, the President of the Republic may, under the same conditions and according to the needs of the situation, take all necessary further legislative or administrative measures to restore the execution of constitutional provisions as soon as possible.
3. A presidential decree issued in accordance with paragraph 1 of this Article, if not revoked earlier by another presidential decree, shall be legally revoked upon the end of the war if issued due to war; in all other cases, it shall be legally revoked thirty days after the date of issuance. If it needs to remain in effect after the thirty-day period, another presidential decree must be issued after consulting with Parliament to declare its continuation. In accordance with Article 67, Parliament must pass this decision by an absolute majority of the members present.
4. If the presidential decree provided for in paragraph 1 is issued while Parliament is in recess, regardless of whether its term has expired or it has been dissolved, Parliament must be convened, and it may not be adjourned before the expiration of the period specified in the preceding paragraph, in order to decide whether to extend the validity of the presidential decree.
5. From the date of issuance of the presidential decree provided for in paragraph 1 and during its validity, the provisions of Article 62 regarding the immunity of Members of Parliament from arrest shall remain in effect, regardless of whether Parliament has been dissolved or its term has expired.
Section III: Specific Responsibilities of the President of the Republic
Article 49
1. The President of the Republic shall not be held responsible for acts performed in the discharge of his duties, except in cases of high treason or intentional violation of the Constitution. For acts unrelated to the discharge of presidential duties, prosecution shall be suspended until the expiration of the President's term.
2. A proposal to charge the President of the Republic and bring him to trial must be signed by at least one-third of the Members of Parliament and passed by a two-thirds majority of the total number of Members of Parliament.
3. If the proposal mentioned in the preceding paragraph is passed, the President of the Republic shall be brought to trial before the court provided for in Article 86 (the provisions of which shall apply accordingly to this paragraph).
4. From the date of being brought to trial, the President of the Republic shall not discharge his duties, and the Speaker of Parliament shall act as President in accordance with Article 34. If the court provided for in Article 86 acquits the President, he may resume his duties if his term has not expired, effective from the date the judgment is published.
5. The implementation of the provisions of this Article shall be regulated by a law passed by the plenary session of Parliament.
Article 50
The President of the Republic possesses only those powers explicitly conferred upon him by the Constitution and the laws enacted in accordance with it.