THE GREEK CONSTITUTION OF 1911 WITH ALL AMENDMENTS IN EFFECT, 1938 INCLUDING INTERPRETIVE AND EXPLANATORY NOTES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03109A000500010011-2
• Release Decision: RIFPUB
• Original Classification: R
• Document Page Count: 47
• Document Creation Date: November 11, 2016
• Document Release Date: January 4, 1999
• Sequence Number: 11
• Publication Date: June 17, 1947
• Content Type: TRANS

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WITH ALL AMENDS NTS I1~ EFFECT 1
C .A S . C NGG 0 rc;_ I:3 S C
REV
~. ~ ~3NSTITUTI0N OF 1911
Includin Inter retire and Ex lanat'. Notes
Prepared By
Documents Branch
CENTRAL INTELLIGENCE GROUP
War Department Buildin9
N
Wr
ew
21st and Virginia Avenue,
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WARNING
THIS DOCUMENT CONTAINS INFORMATION AFFECTING THE NATIONAL DEFENSE
OF THE UNITED STATES WITHIN THE MEANING OF THE ESPIONAGE ACT, 50
U.S.C.. 31 AND 32. AS AMENDED. ITS ?TRANSMISS ION OR THE REVELATION
OF ITS CONTENTS IN ANY MANNER TO ANY
UNAUTHORIZED PERSON IS PROHIBITED BY LAW. REPRODUCTION OF THE
INTELLIGENCE IN THIS PUBLICATION IS PROHIBITED WITHOUT SPECIAL
AUTHORITY FROM THE DIRECTOR OF CENTRAL INTELLIGENCE.
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D- O,~ -N-T,.S ..B R A N C H
I R A N S L A T I 0 N
Number 79 17 Jun 1947
THE GREEK CONSTITUTION OF 1911
WITH ALLAlZNDNIENTS IN EFFECT, 1
Including Interpretive and Explanatory Notes
Prepared by
.Documents Branch
CENTRAL INTLLIdENCE GROUP
2430 E Street,, N. W.
Washington, D. C.
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Documents Branch 50
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THE GR K CONSTITUTION OF 1911 WITH ALL
AV:CINDPi TS. W EFFECT, 1938
1=2'
,up: M..Antypas
Secretary of the
Constitutional Committee 1927
INTRODUCTION
The Constitution of 1911, now in effect, which, consists of
the Constitut~.on of 1864 as revised by the Second Revisional Parlip-
ment of the Helenes, was published in Vol 1, No 127 of the Govern-
ment Gazette of 1 Jun 1911, together with the resolution of the
said Revisional Parliament dealing with the power of the revised
provisions, as'follows:
Reso ut
On the commencement of effectiveness of the revised and sup-
plementary provisions added during the revision of the Constitution.
GEORGE I'
KING OF THE HSLLENES
Having in mind the resolution of the Second Revisional Par-
liament. of the Hellenes which was held on-.23 May this year, we
decide and order,
A. That the said r,
ment Gazette as follows:
Exercising its prerogative of revising and reforming
the,.nonfundamental provisions of the Constitution,
Decides
follows:
91, 93, 97, 98, 101-106-and 107 shall be transferred under Article
No 108. The second ParagraPh of Article 109. shall be transferred
under Article Na 110 as they have'already been decided upon, to-
gether with the provisions of Article 3 which were. in:effect dur-
ing the resolution of 2l-M4r.of this year and which read as
',The' reformed and supplementary provisions of the second
paragraph of Article 1 of the Constitution which were made during
'the revision of the said Constitution shdll comprise a separate
Article to,benumbered 107. The second paragraph of Article 2
and Articles 5, 6, 9, 11, 12, 14, 16,.'l7a'25, 34, 36-3d, 53, 54,
56, 57, 59, 60, 61, 66-69, 70-73, 75-76, 80, 82-86; 88, 89, 90,
go into effect immediately upon their publication in the Govern-
the text of the revised articles which will be
marked with
h a A. asteriss the to, of the constiti 4ion and will
meat
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The said resolution will'be7 published in. the Government
Gazette within 10 days from today, and the Constitutional Provi-
sions which are Witten into it by article together with the un-
changed ,articles ofthe constitution, among which are No $1, 109,
111, (formerly 82, 103,'110) will also be published in the same
issue of the Government Gazette in one body under the original
heading of the Constitution.
B. Our cabinet of Ministers will sign and publish this after
having affixed the Grand Seal of State.
Composed in Athens on ,1 Jun.1911,
GEORGE
The Cabinet of Ministers
The Premier
ELEUTHERTOS K., VENIZELOS
The Members
I. Gryparis, N. Demetrakopoulos,
E. Repoulis, A. Alexandris,
L. Koromelas, E. Benakis
This Constitution, as published, was in effect from the day
of its publication but was abolished due to the change of the
form of government which was brought about in 1924. 'It was then
replaced by the Constitution of 1925 (codified under A 373) and
later by the Constitution of 1926. The Constitution of 1927 which
followed remained in effect until 10 Oct 1935 when the Constitu-
tion of 1911 was temporarily returned by the following resolution
of the Fifth National Convention recorded under Item IX of the
meeting on.10 Oct 1935 and published on the same date in Vol 1,
No 156: of the Government Gazette.
Resolution .
On the, abolition of the Democracy?without a King.
The Fifth National. Comvention of the Hellenes"
Uaving in mind and approving: of the'Govcrnment's declared.
program
1. To abolish the Democracy without a King.
2. To carry out a plebiscite on the designated day of 3
Nov 1935.
3. To vest the President of the Cabinet of Ministers. with
royal powers until the day of the plebiscite.
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'['n rn4.urn`? temporarily the. Constitution of 1911 until
,the approval,; of a hew 'etnstituta,.on::
V +hin'the first few days after the return of the Constitu-
CONSTITUTION OF GlCE
In the Name of. the Holy and Consubstantial
The Second'National Convention of the Hellenos Cohvening in
Athens
RoSolves
On Religion
stit ue}zt ,Act under. Item four of 14/14 Octobe , 1935. This was
followed by the Constituent .Act of 28/29 October'. of the same
year 11 under Item 7~and the Coistituent.:Act of-26/2b November 1935.
Under those, certain provisions of the Constitution of 1927 were
reinstituted,, the corrosponding provisions of the Constitution
of 1911 having been nu .lxfic d, on the one hand, ands on the other
,hand; other provisions of the said Constitution having been sup-
'plem'ented in view`of the legislative changes which were brought
about in accordance with the,Constitution of 1927, in effect at
the time.
WeFare publishing those. provisions in the following text of
the Constitution of 1911 in their appropriate. place, together
with dA`2.ilod notes, and explanations. For the sake of complete-
nossand 61arity,'intorpretative notes taken from the Gazette of
Deliberations and the Official Minutes of the Second Double Re-
visional. Parliament are published with each Article of 'the Con-
stitution of 1911. At' the same time" the reader should fool free
to consult the rich interpretive notes and aids, incorporated in
the, Constitution of 1927., which were written by the Parliamentary
Corm Committee on the Constitution: and which are codified under A 416.
Fox this purpose we note in parentheses at the end' of each
Article of the. Constitution of 1911 the corresponding provisions
of the Articles of the Constitution of 1927.
.tion, the need of adjusting ~scver'al, questions c'aused'by this
chap e became ovfdent To this effect there was issued the 'Con-
'Tire siding Vice-::President of t`he"Convention
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are toleratod and may be practiced freely under the protection
of the laws, except for conversion and other interference with
Article 1,, The predominating religion in Greece is that of
the Eastern Orthodox Church of Christ, all other known religions
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the predominating religion. (Const.1927,-Art 1, Para a, c and d)
During the revision of the Constitution a second para-
graph was added to Article 1 dealing with the official lan-
guage, of the State. During'the approval of the entire Con-
Stitution, however, (95th Mooting of 23 May 1911) it was
decided that this addition should constitute an independent
'article and was given the number 107.
Article 2. The Orthodox Church of Greece recognizes as its
head our ~ord Jesus Christ aid, dogmatically, is inseparably uni-
ted with the Great Church in'Constantinople and all other Churches
of Christ practicing the-same religion-, faithfully adhereing, as
they do, to the sacred apostolic and -synodic canons and sacred
traditions; it is autocephalous; exercises its sovereign rights
independent of any other Church, and is governed by a holy synod
of archbishops. The clergy of all recognized religions come
under 5its jurisdiction and supervision, as do all members of the
predominating religion. ,(Corist 1927, Art 1, Para b)'
# The text of the Holy Scriptures is maintained
unchanged; its rendering into another language prior to the con-
sent of the Great Church of Christ in , Constantinople is strictly
forbidden. (Const 1927, Art 11, Para e)
During the approval of the entire Constitution (95th
Meeting'of 23 May 1911) Prime Minister El Venizelos moved
and it was accepter by the Parliament that in Paragraph b
of Article 2 and before the phrase "of the Groat 'Church of.
Christ in, Constantinople'" the word "and" be added. The fol-
lowing official in'terpretation was given to this addition
by the Parliament at the recommendation of the Parliamentary
Committee of the Constitutions "The Parliament having voted
this addition to the text of the Floly Scriptures under con-
sideration, it is self-evident from the definition of the
entire article that ,the previous approval of the autocephalus
Orthodox Church of Greece was understood,"
On the Public Rights of the Hellenes
The Constitution of 1927 included the following, in Article
20: "The changing of the text or terms of a will or of a
contribution for piiblic benefit is . forbidden. The law makes
an exception by disposing of the contribution to a similar
cause 'when the wish of the benefactor or the contributor
cannot'be carried out." Because the Constitution of 1911
which was reinstituted did not contain such a provision, the
4th Constituent Act of 14/14 October 1935 "On the Adjustment
of the Problems Arising After the Abolition of the Consti-
tution of 3 June 1137 and the Return of the Constitution of
1911 by the Resolution of the 5th Constitutional Convention
of the Hellenes of 10 Oct 1935" inserted word for word as
,Paragraph 5 of the. above provisions of : Article 30, which re-
-4 . ainod; iri off'ect after the' abolition of the Constitution of
X927...
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RES I C.T D
Tor-an. ac.courit of- the :Parliamentary Comm itteo on the Con-
stitution. on'.?Arti.cle;;24 of ',th.e':Const.itut~dn'of 1927 which
wa..s thus put ',i,nto.:effeect see 'General Codification' A ,430*.
l~,rtic1o .: The.'J oll.enes 'ar.e. equal before the law and share
public responsibility:., in. accordance, with, their) abilities; only
Greek .citizens are;accepted-in::public services,. except special-
cases, provided.for-,:by special laws:. Citizens are those who have
CCquired or will acquire; the "tualifications- of a' citizen;,as de.'
erltad by the laws of-.the State. 'Tithes' of nobility or distinc-
t on fro knot cgrzferred upon, Greek :citizons, nor are they' recog-
niz,ed., ; (Const 1927, Art 6)
Ax?ticle 3 did not go into effect with the other pro-
v,isipas'of the Constitution}, and their affect commenced with
their. publication in-the Government Gazette (1 Jun 1911);
but actually they were in effect from'the time of approval
of the ma route b the session of Parliament of 21 Maroh 1911
under Item L '.. h? corresponding resolution published the
samo date was not published in the':Goverrunent Gazette;' it
zeds as f oUQws
Exercising its prerogative of revising and reforming the
nonf undamental. provisions of the Constitution
The' revjsed Article 3 of the Constitution, which reads as
follows:
,(The above text of Article 3 was inserted here.)
will., go 'into effect from the time of approval of the minutes
of the meeting in which it would have been approved."
prosecuted. arrested, imprisoned, or placed under detent
crept when and as described by law, (Const 1927, Art 10)
The corresponding Article 10 of the Constitution of 1927 in-
Qludcd the following; "Personal liberty is inviolable;
nobody can be prosecuted, arrested, imprisoned, expelled,
b n shed,.gr put under any restriction except whe'n'and as
described by law."
,By authority of this provision (notes on which were inserted
by the Parliamentary Committee on the Constitution of 1927
e n A .422 H ;;) there were published, 'among
othersand in.relationw to the Robbery Laws (Laws 374/1871,
3836/1911, etc) published under the corresponding provisions
of the Cor3stitutiQn of 1864: (a) Law 3995 of 25/28 Fobru--
O Ratification and Ammendmont of the Legislative
arr 1929 "'
Docr~e? of ' bruar 1 6 ' On Smuggling ~'r . (General Codi-
fication 1 593 ), .(b) Law 42.29 of 24/25 July 1929 "0n,Mea-
sure~ of Security of the Public and'Protoction of the Free-
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dom of Citizens," in p:l.ace of, which Law 17 of 15/18 Septem-
ber 1936 "'On Measures for Combating Comrltnism and its Con-
sequences1' (Code of Laws, 1936, p 783) is' now in effect.;
(c) Law 4310 of 6/16 August 1929 !'On Establishment and Move-
ments of Aliens in Cree6e,'Polic6 Inspection, Passports,
Expulsions and Banishmentammended by Law 5405 of 20/20
April 1932 (General Codification XIV 91'7; (d) the above-
mentioned law of 428/2$ September 1931 "On Protection of
National. Monitary Urnit"'(see XVI 373); (e) Law 5539 of 15/23
June 1932 "On Monopoly of- Narcotics and Their Inspection" (see
XII 366); (f) the above:-mentioned law of 17/18 October 1935
"On Definition of Place of Temporary Residence of Discharged
and Retired Officers, Etc." (Code of Laws, 1935, p 995); and
`others.
Article 4 off' the Constituent Decision of 20/20 November 1935
"On the Amendment of Articles 94 and 95 of the Constitution"
relates the following on the power of these laws: "The laws
issued under Article 10 of t1 e aboli,shod Constitution of
1927 dealing with the establishment, movement and expulsion
of aliens and on tho banishment of'persons suspected to be
a threat to public: order, etc., are maintained in effect in
aU their specifications. Arrest and detention of all per-
sons to be expelled or banished is permitted until the actual
expulsion 'or banishment."
It must be noted that later laws also contained provisions
on banishment, such as the laws on the protection of the
national monitary unit,, the above-mentioned Law 375/1936 on
the punishment of crimes of es ionage, etc. (Code of Laws,
1936, pp 1041, 1196'and others
*Article 5. Unless found in- flagrante delicto, nobody can
be arrested or imprisoned without a justifiable, judicial warrant,
which must be served at the time of arrest or detention;, The
person being detained because of being discovered in flagrante
de icto or because of an arrest warrant, must be brought before
a competent magistrate without delay and within 24 hours from
the time of the arrest at, the, latest; if the arrest was made
outside the jurisdiction of the magistrate, the person must be
brought up in the minimum time required for his transportation.
The magistrate must, within :3 clays from the time that the person
has been,sbiought up before him at the latest, either dismiss the
arrested person or` issue a warrant for his imprisonment. If no
action has been taken by either time- limit, all warderiscor other
persons charged with the detention of th?e said person, whether
civilian or military personnel., must immediately release said
person. Violators of those provisions are punished for illegal
detention and are liable to all damages occurring to the victim
and a fine in favor of the victim of a monitory sump to be set by
the judge at his discretion but never smaller than'10 drachmas
daily. (Const 1927, Art ll~
The.corresponding Article 11 of the abolished Consti-
tution.,of 1927 corit~ined the following: 'TUnless found in
flagrantea delicto; nobody can be arrested or imprisoned with-
out a justifiable, judicial warrant which must be served at
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the time of'arrest or,detent h. The person being detained
t4 d c ', conv,Ioted:, Detention caruuot be, ext?n e eyon
the provisions of the law."
de-
iwhrich the' State must 'pay" d mages` to persons unjustly
sons chargod with the detention of the person, whether
civilian o military personnel, must immediately release
said person. Violators.Of these'provisions-are punished
and rofeesionaily prosecuted for illegal detention and are
].be to al,''damages occurring to the victim and a fine in
favor o the ct X. fora monitaryr surf to be "set by the
Y
judge at his discretion, but never smaller than 10 metallic
drachmas daily. A special law will set the conditions under
his been tak9n by either time limit., all wardens or other
pi sanment.-'This time limit"can- be extended up'to 5 days
at the request" of 'the prisoner or due tv "unavoidable cir-
ct stances, which, however, must be immediately"ascertained
b decision'of a competent judicial council:. If no action
up in the minimum time rCq'iirod for his trahsportat:ion.
The magistrate must, within 48 hoes From the time that the
person has been brought-up before him at' the latest, either
ease thc ai`rested person or issue a warrant for his m-
because of being discovered in flagrar*te de~licto, or because
of an arrest warrant, must be~brought before a competent mag-
istr to without d.oi.` r and withiun 2- hours- from the time of
ax est At thef 1Gtest~ if the arrest`wa"s mado 'outside the
jurisdiction, of the magi"st'rate, the' person' must be brought
For' aI report of the Parliamentary Committee on the Con-
Provision of Article 11 dealing with the punishment of those
ros ponsible for illegal detention is that not only false
General Cpdifioation A 423%~, also the following notes of
interpretation: !The true meaning of the Constitutional
Stit ution on t ,n~,s a rtic le of the Constitution of 1927, see
cozlstdered an offense.
,-In execution of these provisions were issued the follow-
y
General, Codification B 120 i.f.), and Law 4441 of 6 August/
29 "On the Amendment of Article 208 of Crimi-
' nal Procedure and Determination of the Duration of Detention"
(see 1263), which has been amended by Law 6355 of 22/23 Octo-
the State to Persons Unjustly Convicted or Detained"
Paid'b
ink laws: Law' 1+915 of A I April/2 May 1931 "On Damages to be
934, P 1U5b)
Constitution "of' 192'7" contains the following on the power
Article 2, Paragraph a, of the 7th Constirtueri Act of 2$/29
October l93 "On Maintaining in Effect Provisions of the
tio etc.., remain in effect in all their. provisions."
justly detained and convicted, length and period of deten-
I921"and which deal with damages to b'e' paid persons un-
in execution of Article 11..,of the abolished Constitution
of- these laws: "The laws and do.crees'vwhich have,been .issues
rticle 6 In the case' of civn offenses, the 1Giagis
?tratest Council can, at the request,of the detained, release
him on bail set by judicial order, which can be revoked by same.
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Detention for sucks .cr.imes shall' is or. extend beyond 3 months.
(Const 1927, Art 12)
According to the. interpretation rendered by the Revisional
Parliament and written in=the official minutes: ""The stip-
?ulation of the ,first part of 'Article 6 was made on the strength
of existing .*legislation and on the clearly evident and now
,definitely declared meaning that, it does not exclude in any
.,Way the introduction ofgeneral or special laws in the future
whach could abolish or inii.t the, detent.i.on. or would make
release on bail? compulsory for the judge. It is also under-
stood that the limit of,'the 3-month detention set up in the
second. part of the same article should include- the period of
the entire investigation and the entire trial proceedings be-
fore different councils,"
Article 7. No punishment can be imposed. without a law pre-
viously defining it, (Const,1927, Art 8
Article 8. No one can b c deprived against his will of the
services of the judge who has been assigned by law. (Const 1927,
Art. 9)
. 'Article 9. Eacp individual or group of individuals has
the right) if they are law-abiding citizens, to petition in
writing. the officials, who are responsible for quick action and
a written response to the petitioner according to the stipulations
of the law, Only after the final decision of the officials to
whom the petition has been addressed, and with their permission
can rQsponsibility be sought by the petitioner for the alleged
violations in the petition. (Const 1927, Art 25)
During the discussion on Article 9, Prime Minister El.
Venizelos recommended t.ktat the following explanation be in-
elude'd'in the official n nutes of,Parliament: "Whop we say
Vpetition' we mean the recourse to a superior office and
not the request-of information for which each office is
mortally responsible; however, this cannot be recognized as
a constitutional duty because that would incorporate possi-
ble abuses of the privilege, and these must be- avoided."
In execution of this provision, Law 149 of 21 December
11913/19 February 1914 "On the Duty of Public Officers to
Respond to Petitions Submitted to, Them"was issued in
General Codification A 1,.33% .
Article 10. ,The Hellones have the right to assemble quiet
ly and without bearing'arms; only in public gatherings doos the
police have'the right to attend. Gatherings in the .open may be
forbidden, if they are judged' dangerous to public security.
(Const 1927, Art 13).
*Article'll. The Fiellenes have the right to enter into
partnership, abiding by the laws of the State? but do not have
the right to exercise this privilege by permissions previously
secured from the Govex.nmct.
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No partrjorsh~;o an bQ dissolves boesuso of
infractions of laws :.except ' by judicial dpci.sion., (Const 1927,
the a.menc rtent and Coinp .etion of Law 1$'79" are abolished, and
the: unions, corporations, confederations, clubs, or other
organizations of public employees and servants, or employees.
and, servants' of legal persons represeriting public justice,
w,i13, a itomatically dissolve immediately on the publication
pent n public justice; they'ar~ forbi e form of unions
professional club's or ?.unions' `e' Ithcr und eor . n the from organizing
or clubs or under any other forms, or from participating in
such organizations;-(2) Laws 4879 of 6/6 March 1931."On
wall`" as the employees and servants of legal persons repre-
=of 3/6 May 1935 (Code of.Laws, 1935,'p 294) which set forth
the following in its Article 4: "(:1) The provisions. of
Article ] 4 of the Constitution ar'e suspena''d insofar as they
are related to the. public employees and public servants, as
ay 9 5 'when `it was 'abolished by -th'e' 20th Constituent Act
S6,#Law, 5403 of 18/22 April 1932., remainod in effect until
was .iss`uo regulating the rig it's "of public. officials to go
into partnership., 'This 'law, having boon amended by the pro-
f'Oj Epi ployees' . Organizations" (General , Codification IX 657)
oaf, the ',constitution of 1927, Law 4879 ' .of. ' 6/6 March 1941
Dy authority of the correspdnding`pxoyisions of Article 14
of "tiffs order without any further judicial or executive:
form.l.ty."
e i,stx.ng partnerships of whatever type or .purpoc,.e.
the approval of the Government subject to' recall
question arose regarding the strength of the above-mentioned
20th Constituont Act, i.e., whether this, right of the public
em )3.o y ees is also suspended under the Constitution of 1911.
(Se 'Legal Problems" in the Gazette of Greek Jurists, c 650;
thh pcontrary opinions of Supreme Court District Attorney L.
p who supports the collater' `J power of tl e:Consti
tution and this Constituent Act'arc published here under
622. In connection with the power of this act, canpare
with Constitutional. Committee 135/1936 in.Natloma Greek
Legislation, This doubt was- clilriinated by. the above
Law. ,906 of 2 August/ 21 October` 1937 "On ythe Right of Public
p
Lc a1Por.sona Sorvas Public Justice eto` go go into into par oftnerT
~.,par
g
sh p" (C.oda of .Lati:~s; 1937, p 1103), which forbade, public. em-
pl;oyoes,t etc., to enter into partnership or 'to belong to
After the reinstitution' Of the Constitution of 1911, ,a
Article l2. Everybody's home is an asylum. 1Vo.house searci
can be. carried out except when and as the law stipulates. Vio
lators of, these provisions flare punished for abuse of ' authority
and are 'liable to full damages to the victim and a' fine in favor
of the victim of a. ionitary ,surq set at the discretion 'of the
court, but never smal.er.than'100 drachmas, (Const 1927,.. Art 15)
Article 13, In Greece a' human being can never be sold or
bought. Mercenaries and slaves of'either sex and any religion
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are free as-'soon. as they step on Greek soil., (Const 1927, Art 7)
*Article 1,4. Anyone can express his opinions, orally, in'writ-
ing, ahd through.the press but must keep the laws of the State.
The press is free. Censorship and every other preventive measure
is forbidden. At. the same t`=I c' i" the confiscation of newspapers
and other pi'inted treatise, either before or after their publi-
cation, is forbidden. .As an exception to this rule confiscation
after publication is permitted because of insults to the Christ-
ian religion or the person of the King?or because of obscene pas-
sages a$ described by law, which obviously insult public morals;
in such cases. however, and within '24 hours from the time of con-
fiscation, the district attorney must prresent the case to a judi-
cial council, and the judicial council must decide on the contin-
uation or the, lifting of the confiscation; otherwise the confis-
cation is, automatically lifted. The right of appeal from the
decision is
granted only to the person who has published the
confiscated article, and not to the prosecutor.
The publication of news or communications deal-
ing with the military movements or the defense installations of
the country may be forbidden'in.?a manner described by law and by
threat of confiscation and legal prosecution. The above-mentioned
provisions apply to the confiscation.
Both the publisher of the newspaper and the
author of a reprehensible publication relating to the life of
`private citizens, are liable, besides the punishment imposed ac-
.cording to criminal law,t,o full restoration of all incurring
damages and to a fine in favor of the victim of a monitary sum
set at the discretion of the judge, but never less than 200
drachmas, since they are both considered severally and jointly
responsible,
Publication of newspapers is permitted only
to Greek citizens. (Const 1927, Art 16)
The corresponding Article 16 of the abolished Constitution
of 1927 contained the following: "Anyone .can express orally,
in writing, and through the,press his opinions, but must
keep the laws of the' State. The press is free. Censorship
and every other preventive measure. is forbidden. An excep-
tion is made in the case,. of moving pictures when preventive
measures can be taken for the protection of youth. At the
same time the confiscation of newspapers and other printed
treatises, either before or after their publication, is for-
bidden. As an exception to this rule confiscation after pub-
'l .cation is permitted because of insults to the Christian
religion in cases proscribed by law and because of obscene
.'S. Passages which obviously, insult public morals. In such cases,
however, and within 24 hours from the time of confiscation,
the district attorney must present the case to a judicial
council, and the judicial council must decide on the contin-
uation or the lifting of"the confiscation, otherwise the
confiscation is automatically lifted. The right of appeal
from the decision is granted only to the person who has
published the confiscated article. Special measures can be
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taken by law for cgmbating ~.itcrature insulting public morals
bl'
t
bl
e pu is
a
arid'fortrio protection of:tno youth from unsui
spodtaclos a,nd:presentations. The publication of news or
tut
r
d f unsex nsta 7 ati ns of the'' country may be forbidden in a
mane t.r ptoscribed by law and by threat of confiscation and
legal prosecution. fhe'above-montionod,provisions apply to
Qth, theNpublisher of "the newspaper and the author of a
reprehonsible publication relating to the lif(11 of private
cit zoas, besides the punishment imposed according to crim-
inallaw, are liable to full restoration of all incurred
da of the victim 'of a monitary
mages and to 'a fine in favor
94 aft at the" discretion of the judge, but never less than
200 metallic 'dra hi g as,' since they are both considered
4
severally and jointly r"esponsible. The publication of nevrs-
nanors is' Deriri ttod onl77 "to Greek citizens. Offenses of the
pros's are hot considered in flagrantc dolicto."
Ih c4ecution of these provisions there were :1s suc:a; (a )
Law 4311' of 6/14 August 1929 "On the Repression 'of Circula-
t'i~an and Trado of Indecent Publications" (General Codifica=-
t'~''nion C 862);~ '(b) ' Law 5060 of 30/30 June 1931 "On the Press,
. Insults of Flonor in Genoral, and Other Related Offenses"
(see 7.26) uYhich specially provided in its Articles '29-31
a.nd `34-.39 , for indecent publications and' prohibition of publi-
cations and was amendc:dby Laws 5633/1932`.(here)''.and 5999/
193 (Code of Laws, 1934, p 76) and' by the above-mentioned
law of 20/20 November 1935' (here, 1935, p 1276.); 'and (c)
d
th
C
'
i
n
e
o
e
ed
n.
as contai
6q,445/1937 on moving ,pictures,
of.th'e 7th-Constituent, Act, q 28/29
Paragraph a
Ar L
cle 2
,
,
,
October 1935 "On R4taining in Effect Provisions of 'the Con-
stitutio z'of' 1927" sets forth the following on the power.
publica-
of these laws: "The' lavvvis and docreos on' indecent
dht ofbliati andovil
ns, an te prohibiion pucons mng pc-
t.ures`,re issued in execution of Article 16 of the abolished
"
Constitution of 1927, retained in effect, in all provisions.
DU
t o
u~ a.
par
,It must be note4 that, accoraing to the 1.L1
rsph 1 of Article`2 of the 6th Constituent Act of "28/28
g
October 1935 "On Insults Against the Regime-and Social Order
h, Other. Acts Tending Towards Disturbance of Public Order"
i Pr t A-4-; .7 r, of
the Constituent Act of 20/20 November 1935 (Code of Laws,
1935p 1346), the above provisions on the freedom of the
mended in the following manner: the propagation
we
re a
press
of ideas'scckin~ to change the existing social order (Com-
tions or
i
c conven
istic) by any means, especially in publ
in public places by speeches or printed or written publica-
Lions, by pictures, dr by symbolic presentation or any sensual
de$cr1pt ens or musical pieces or recitations to the public,,
be
t
o.
is forbidden. Violations of those provisions are
u fished, according to the fist paragraph of Article 3 of
`ke aov mentioned 6th Constituent Act (which was kept in
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effect, by the same Article 3 of the the said Constituent Act
of 2020 November 1935) an, tried' according to the sixth
o t Ac 14/14 October 1935
Para I he 'C n
graph of t o which was kept in4effocilsby tthesame'Article 3 of the
said Const~ uent Act of,20/20;November 1935 (Code of Laws,
193'5; p %57.by courts--martial. From the jurisdiction of
these Last,, however,. they have been removed Zen the strength
of the d .Constituent At of 25/25 January 1936 (here 1936,
p 127) in order to be brought under the jurisdiction of
courts of appeal (except for violations commit-
ted, by military personnel: of land sea and air, or members
of the constabulary, which, by strength of the above Law
21/1936, here p 567, have remained under the jurisdiction
of courtsmartial, army and navy). From said jurisdiction
thsy have again been rehoved (by the above Law 117/1936,
hero p'783., which is now in effect and deals with measures
combating Communism and'its consequences) in order to be
brought under the jurisdiction of 3-member magistrate courts
which try them according to the provisions of in flagrante
t e p of the legislative decree of 22/2$ November 1923
an immo Bate trials for ,certain offenses (General Codifi-
nation B. 154). The same; Law l17 defines in its fourth
article those-jointly responsible for press violations.
It is, also noted that t.re publ.icaiion of information by
the press aimed against the security of the country,,
etc..,.. is. also punished by later special Laws 376/1936" and
876/1937 (Code of Laws, 19.36, p 1199 and 1937, P.991),.
Which provide similar punishment for all acts which threaten
military or naval installations, troop movements, etc., con-
curring with the explanation of the above-mentioned Article
14,of the Constitution of :1911, which was accepted by the
2d Revisional Parliament, and states: "By the expression
ttroop movements' is understood the movements of land and
sea ' f or ces, and by the expression 'defense installations'
is understood all land and sea defenses of the country."
Finally, Article 9> of the Constitution of 1911, as amended
by Article 2 of the said Constituent Act of 20/20 November
1935, must also be borne. in mind.
imposed without a law defining
Article 15, No oath can be
its -form, (Const ` 1927, Art Z7)
4Article 16. Education, beir under the supreme supervi-
son oh_' thi
Elementary education is compulsory for every-
body and is granted by the State without any cost.
Private citizens and legal persons are per
mitted.to;found private schools which will function in accordance
wit' h the Constitution and the laws of the State. (Const 1927,
Arty z3
According to an explanation accepted `by:Parliament and
wt?. tten;in the official minutes: "In elementary education
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is included all ~ duration `nova `cabled, ' demotik'e,' '.ioxrun though
.11 .1, 1, 1 A
"
its duration should last1onger Phan 6 years,
'Article 17. No one can 'be deprivea of his; property except
for public benefit duly proven when and as the Iaiv stipulates and
always with a previous compensation. The coinpbnsation is always
fixed thpough judicial channelsz' In case of great urgency. it
can be fixed temporarily, y a court after ' a hearing or summons
of the beneficiary, who can be, compelled, at the discretion of
the judge, to grant oq"valent security as-stipulated by law.
Before the payment of a final or temporary compensation the owner
maintains in whole all his rights, and occupation is not permitted.
Special laws regulate matters dealing with..
ownership and disposal of mines, excavations, archeological trea-
sur'6s, and therapeutic and running waters.
-lh"attoxs dealing with the ownership and
c;xploitation of fish hatcheries ' and the management of inland
seas and large lakes arc also regulated by law." (Coast 1927,
Arrt 9)
The long discussion on this article which lasted for three
sessions of Parliament (LI, LIII and LIV of 16, 13 and 19
Marsh 1911) resulted in its approval with the following
note o intorpr,ctation, accepted by Parliament and written
in the official,minutess "After the long discussions on
Arta-clo,17 of the Constitution and espocially after the dec-
;',16ration ',o# th6 President of the Cabinet the Double Parlie-
,ra,ont,,decide's that there is no constitutional obstacle
arising from Article 1'; of the Constitution to the compul-
sory, . a.l,ienation of. land estates in Thessaly'for the purpose
;, df establishing..landless farmers as snail property owners."
Y law for the establi.shmen o
13
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this,case and became the'rioweffective law on--this subject,
,being.,applied howevQr,.as amended by later provisions (these
amendments card be fou.d in General Codification IX 639 _.nd
in the Code of Laws ,934, P ,1,54, Law?"-6021; 1936, p 920, the
above Law 34 and 1937, p,3$9,~th,e"above:Law663), with the
e cepti.oAA of; a few, cases 'fpr? which a 'speoial procedure is
prescribed?.by'.laws, issued for`~this purpos'e-.
kiis application of taw 3951''was also in =effect. under the
provisions of Article ? L9..of? the Constitution of 1927, which
corx'esponds to Article 17 of the Constitution of 1911, an
exception to which was, coristitutod by Article. 119 of the
same constitution, "which established the, followings "De--
strength. of the above-mentioned Article 17 "On Compulsory
AlIcnation. of a Lot for the Erection' of 'a Court Mansion in
Tripolis' and which contained in its fifth- article a provi-
sioa permitting the application of its provisions on the
s;djustmcnt;,of compensations until the writing of a general
-law on compulsor; alienation, was successfully' appliedin
'v p*ceially s.ot up for the court mansion of-Tripolis on the
.1s noted that , Law 3951 of 4/8 December 197.1, which was
yition; from l~r i.cie 19.. for 5 years .is permute as prs~-
t f landless cultivators
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:o ' the soil,. small stock brooders, refugees and peasants or
tovvnspeople with-the following restrictions ---the. establish-
ineft of refugees in cities, the alienation and occupation of
vacaxit lots for the erection of colonies of at least 20 houses
dua not smaller than a total kr..ea; of .2,000 square meters, or
the extension or completion ofi existing colonies is permit-
tea before compensation is paid." The inflated prices of the
lots `,dui to the influx of refugees cannot be included in the
compensation, which, in this' case would be computed on the
basis of rAd-September prices of 1922 and converted to metal-
lic, dxachmas, Lots on which refuges colonies of at least
20 houses and not less than a total area of 2,000 square
meters have been erected =ire su,bjoet to alienation, the com-
ponsation being computed in the same manner. The compensa-
tion for the alenati.o off;, meadows ins acc,ggnplished exclur
eively for the independent settlement of small stock breeders,
the compensation sot at not smaller than two-thirds the
average price of the meadows for the 3 'years before Septem-
ber 1914 in metallic drachmas and not s{naller than 15 times
the lawful rent for the year 1926 to 1927. Public, communal
and exchangeable meadows are not subject to the provisions
of this article. The fol:i,owing are not subject to alienation
as,provided for in this article: (1) small agricultural
properties cultivated by the owner himself and his family;
.(2) lands cultivated in any manger and up to 300 strommata
(EdN: 1 strcmma equals 10 acres); (3) meadows for the indc-
pendent establishment of small stock breeders up to 300
stremnata; (4). lots i;n the city for the establishment of ref-
ugees up to 500 square meters; (5) lots belonging to owners
who have. already been subjected to rural alienation; and (6)
plantations of grtopes, raisins, olives and fruit trees, and
forests free of perpetual obligations, as long as they are
excepted from the rural law now in effect and belong to
actually existing persons. Special laws, not in conjunction
with Article.19, took care of the matters dealing with alien-
ation of property belonging to monasteries? The laws which
have been issued up to the, present dealing with redemption
of cultivated lt=+nds, or, exemption of these lands from land
t enure and land-act' burdens are not considered contrary to
the Constitution."
The following notes of interpretation have been made on this
owner on estates belonging,, jointly to more than one' owner.
1; In the provision of the second part of Paragraph 5 the
following are not included: (a) bastainal (TN: land that
is cultivated every other year), and.(b) tobacco 'Lands of
eastern Macedonia and. Thr ccp,the exempted lands of which
are specified by law. In the true meaning of this part,
the exemption of 300 stremnata is applicable once. for eaeb
article of the Constitution of 1927:
growing trees -are also inc::Luded-i (a) insofar as it "concerns
the liberation of these lands `from perpetual obligations of
2. The true interpretation of Article 19 of the Constitu-
tion is that the people of Kor'u and Lofkas who receive
land which As either cultivated arable - or suitable for
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land tenure and lend acts `abou `which there exist
visions of special laws; and (b) until the promulgation of
decisions on petitions which have a1 q dy;,,been~ or: w l1`?',
be, submitted.
3. In the' pr.ovssiox of tnc' next to the last paragraph
there is also included Law 3345 "On the Treasux;y of the
Military Reservists of Crete to hi.ch., Cnj be a inend?.d;.by;;Law."
With regard to the ,same article, a deca lion of tic ~.1~,nister
of Just ,ce, containing certain Hates of: interprc:tqt on, on,
this , anti ci e has been . issued' and' pub1 shed in the ;Govex n
mont Gazette, This decision, as well,as o eerpts of discus
sions which took place in Parliame'nt', `can be seen in Gen-
eral Codification 'A 482.
In? execution o thgse provisions,, a number of laws end lcgis-
lative decrees wore issued, on the power of, which the third
paragraph of the ?4th Constituent Act of 1.4/14 Orftober 1935
"On the Adjustment 'of the Problems Arising Aft,6 the Abo-
1a.tio of the 'Constitution of June 1927 by , e so3_uti on of
the 5th Constituent Convention' .of 'the Hc.llep s of 10 Octo-
b,er 1935 and the Roturri of the 'Constitution, of.-1911" s.et
forth the following: "La, .vs- and ox" cutive ar tea s , issued in
,accordance with Article 1l9 of the abolished constitution
retain their power temporarily until, the wr.ting,of a now
Constitution."
Finally,;it must be said that'tho above'Art ele`17 of the
Constitution of 1911 did -not include "the `1,a5t paragraph
which appeared in quotes in its text; this Was added by
the second paragraph of the second article,.of.,.the 7th Con-
stituont Act: of 28-29 October 193,x'' "On'the' retaining in
Effect Certain 'Provisions of the Const;itution.' of 1927.
Article 19', Torture and general confiscation are forbidden.
Political death is abolished. The death' penalty for'political
crimes except for compound crimds; is ob'ol; shed. (Const 1927,
Art 17
Article 19, No previous pcrmissiori of tho governing' author-
ities i recuirod for bringing to 'trial public of 'tunicipal employees
s for punishable act's committed in their service, except for,the
special provisions about Ministers. (Const 1927, Art 26)
(Const 1927, Art 18)
absolutely inviolable.
On, the Composition of State
Article 21, All authority originates, in the nation and
is exercised in a manner prescribed by the Constitution.
(Cons' 1927, Art 2)
-Articl_e 22, The legis3.at'iv, authority is exercised 'by the
lfing and Parliament. (Const 1927, Art 3)
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Article 23. The right to introduce laws belongs to the
Parliament and the King who exercises it through his Ministers.
(Const 1927, Art 28)
fArticle 24. No proposal dealing with the increase of the
oxpendituros of the budget for salaries, pensions or benefits to
Para 2)
ntr% (Const 1927, Art 29,
With Article 1 of the 7th Constituent Act of 28/29 October
195 "On Retaining in Effect Certain Provisions of the Con-
stitutign of 1927," the provisions of Article.,.29... of the
Constitution of 3 June 1..927 were kept in effect and were
never abolished, while "the relative provisions of the Con-
stitution of 1911 had been abolished."
These provisions of the Constitution of 1927 are as follows:
Article 29. Any bill introduced by the Government and entail-
ing an expenditure or a decrease in the revenue of the bugot
must be accompanied by a report explaining the manner in
which it will be. covered, signed by the Minister concerned
and the Minister of. Finance. No proposal. dealing with the
increase of expenditures of the budget for salaries, pen-
sions or benefits to any person in general can originate in
Parliament for in the Senat7.
Note of interpretation on Article 29: "The true meaning of
. 11
Paragraph 1 of Article 29 is that a bill submitted
by the
Minister of Finance or any other Minister, and touching on
the affairs of,any other Ministry, must be signed by the
Ministers concerned."
Interesting excerpts of the discussions which were carried
out on the power of this Article 29 of the Constitution of
1927 can be seen in General. Codification A 436%! .
*Article 25. Proposal of any bill, rejected by any member of
the legislative body cannot be reintroduced in the same session
of Parliament, (Const 1927, Art 33)
Articic -2.6. The 'authentic interpretation of laws belongs to
the legislative authorities. (Const 1927, Art 28)
Article 27. The executive power belongs to the King and it
is exercised by the responsible Ministers appointed by him.
(Const 1927, Art 4)
Article 28. The judiciary authority is. exercised by the
courts and judicial decisions arc carried out in the name of the
King. (Const 1927, Art 5) .;
On the King
Article 29. The Person of the King is'irresponsible and in-
violable, but his Ministers arc responsible.'.
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1?i. a..
1ST~ICT U
t No action of the As ,is effective or -can. be
carried out unless its, co-signed b; his competent DM.inistors who
are _rcUponsible'by*thoAr' sigi dtures alone. in the ease of
change of the entire cabinet, if none of the retirin1 11 g Ilinisters
consents to co-sign the decree of the .dismissal of the old cab-
inet and utne rappointinent' of. the new, the$e are, signed by.. the new
pre s .den of the cabinet after he has been appointed, by the King
and has taken the required oath. (Const 1927, Art 72)
Article 310' The King appoints and dismisses; ,his Ministers.
Article 32. The King is the'supreme.rulex o the State; he
is' the supreme commander of all land and
. qoa' forces9 he declares
war, concludes treaties of peace, alliance, and.trade, and reports
on. "em to ParI aorjt with the ncc ssacy clarification when the
i:rite est and ,t e sepurj, y of the Sate permit. Commercial treat-
ies'however, and all other treaties involving concessions which,
ac;corda,ng to other provision of this onstitution, cannot be. jade
without ,4 law,or pcrsonally burdening the Hellenes, cannot be
e 'f,octive 'without t' he oor4sent' o Parj' wco bt, (Const 1927, Art 81,
Article 33. No land concession or land exchange can be
made -without a law. Secret articles of an T1 treaty can never
at the open articles of the same treaty. (Const 1927, Art 82)
t,. he King bestows,, according to law, the
4t1 ce :3
{
tli,r and naval ranks, and at the same time appoints and dis-
misses the ci\.J servants, except in cases specified by law. He
canriot,X.howevor,':appoint an employee in any position not pro-
vided by law. (Coat 1927, Art 81)
Article 35. ' The King issues 'the rice scary decrees for the
execution of the laws, but he can never; susncnd their action or
exempt anybody from the power of the law., (Const 1927, Art 76)
f .Article 36.~ The King ratifies and publishes the laws which
have been yotdd' by Parliament. A law which is not published with-
in two months from the end of the `session is invalid. '(Const 1927,
Art 75)
edr and toes3eciG. he King 'convokes Parliament regularly once a
y , al sessions whenever he deems it necessary. He
declares personally or through representatives the beginning and
of Parliament, and has the right to dissolve
end of each session
,
the Pgr,l- am TI- c dissolution decree, however, co-signed by
the Ca ix eta -.ii,ust at the same time provide for the convocation
15 and of the Parliament within
of the voters within l~ d
three months, '(Const 1927, Art 78)
The King has the right to suspend the activi-
3 Ar'tiolc
3
,
.
6
tics of the legislative session once, ~itller postponing their,
commencM,inent or int,crrupting their session. The suspension of
activities cannot last longer than 30 days;' -nor can it be re-
82,. 83)
e conscnL
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Article 39. - The King lihis the right t pardon, change - or
mitigate any punishment 'imposed by the courts, except for orders
dealing with' Ministers. lic "can also grant amnesty for political
crimes under the . resporisibil.i.ty of the Cabinet. (Const 1927,
Art 84 j
January 1936 (code of Laws, 1936 p 44) at 24,000,000 drachmas..
aruiually.
The royal grant has now'be"n set by the above law of 22/22
(Const,1927, Art 70)
tions according to the provisions of the law. (Const 1927, Art $5)
In acc6rdance with the provision of Article 6, Paragraph 3
of the Constitution pf :1.;927 which stated, ' "Titles of nobil-
.ity or distinction or decorations, except war metals, are
next her bestowed on Greek citizens nor are they recognized,"
and according to the prevision of'Article $5 which declared,
"The President of the Rr ,public has the right to confer upon
Citizens of other countries the proper decorations accord-
ing to law," the bes ow'l of decorations upon Greek citizens
and the permission for them to' wear bestowed decorations had
been forbidden up to this period. This prohibition, abol-
ished by the 8th'Constituent'Act of 18/19 April 1935 (Code-
of Laws, 1935, p 271), published in its preamble, in accord
with "the expressed wish of the Greek people," moral rewards
should be bestowed on Greek citizens who have rendered excep-
tional services;" this nullified the phrase of Article $5
of the Constitution of :1.927,, "'To citizens of other countries,"
and the phrase of Article 6, Paragraph 3 "Or decorations,
except for war metals." The Law of 19/30 xpril 1935 (here
p 294) which followed, reinstituted the above provisions
on ? the bestowing of decorations on Greek citizens which had
been abolished as contr'tIry to the provisions. of the Consti-
tution of 1927. Tiie'se were later revise, and 'completed by
the Legislative Decree of 21/24 June 1935 (here p 568); by
the above Law of 16/19 November 1935 (here p 1249); by. the
above Law of 19/20 November 1935 (here p 1282); by the
above Law of , $4/1936 (here 1936, p 762);' and Law 336/1936
(here p 10$3), as well GIs by royal Decrees of 18 January
1936 (here p 56 and 77) issued for their execution.
Article 41. The King his the right to issue coins accord-
ing to law. ti
Article 42. The royal grant as defined by law is the annual
grant to ring George I, which included the sum of 1,125,000
drachmas which had been previously voted by the Ionian Parlia-
ment, This sum can "be increased by 'a law after a 10-year period.
Article 40. The King h2is the right to bestow proper ?decora-
Article 43. King George, after the signing of the present
Constitution, will take the following oath before the present
National convention: "1 swear in the name of the holy and con-..
substantial and 'indivisible Trinity to protect the prevailing
religion of the Hellenes, to safegtrd'the' Constitution. and the
laws of the Greek nation, and to maintain and. defend the national
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o+ ",`= XOTED
integrity = df' tho. i 'eel nation. r
ndcpondanco and
(Const:1927,
Article 11 The K36gl=bias ho"` ot1e powers .except' those'
ih'.agreement with .it.. ' (Corist, 1937j,-,Art;- & )
exrrnS1 v ar'ntod to him'rbv-the.,,Const.itution and special laws_
Q cen' ants Tf -Ring `George l in the order of: birthright and
On, $uga:ossion and Regency
;Ekrt c e 45; . The; Gre.ek~ Crown and ,its Constitutional powers
e and nd devolve' upon the direct:,l_inc, true' and legal
male preference,
Article 46. If no heir fulfilling the above 'requirements
exists, the King can appoint one, with the consent of .t wh, ch is spocally called for the purpose and must show a
two-th rds majority vote of tho' total number of members in an
open vote. (Const 1927, Art 68)
religion of the Eastern Urthodox Uhurch o Lhrist.
11r+:i nl e 1,7_ All heirs of the Creek Throne must profess the
lrti,cle .?j The Lrowms of Ureece ana any otiner suave can
never `r'est upon the same head.*
the oath contained in ' Article' 43 before the ministers, the Holy
'Synod, the members of Parliament who happen to be in Athens, and
other hgh"authoritics. The King, convokes the Parliament with-
izi" two monthse at the 1a test and repeats the oath .before the mem-
The 5th National Convention voted on' the conducting of; a
`
'
,sting
maintenance of th6 then-oxi
,plobiscltb-, to decide the.
rp tB1ican parliamentary form ofd government, or the estab--
dishment of 'a DomQ racy with a ling, as clarified by a
resolution accepted by Item 8 of the meeting of 10 July
b e a
1935
591)
va av
1/35 (Code i.,. t.
, p .
nt, of Dc~tocrac With a King is unc rstood the restoration
` ,
order 6f Male
e he l..ate dynasty under the recognize
ticle 4$, The Ding becomes of :age upon the completion of
Ar
the 16th year of his life. Before ascending the Throne he takes
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Constitutional authority is exercised by and,; under the rospon-
stbi`t,ity of the 'Cabinet until .the swearing irl of `.tho Regent or
th~;.._ r iv l 6f the heir. A separate law will regulato the prob-
leXns doz ing viith the Regency. (Const 1927, Art 68),
...yam .:. . ...
Artie3e S0, In?the case .o:f~tho;death of the King, if the
heir ''is not of ago or absont and no Regent hA.s 'air oadY beon des-
natedthe Parliament eonvdnes,"oven though the session has
' fie or h s, been dismissed,` witho t formal convocation, on the
(7th clay at the latest aftoe the doAth of. the' King. ' The Royal
convenes in order to elect a guardian. The guardian is olectod
Article 51. If at the time of the death of the"King his
heir is not of age, Parliament, won though its session has ended,
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only when such a guardian has not been specified in. the will of
the deceased King or v`rhen the under'-aged heir as no ..'mother re-
maining as a Widow. If then" is mother, she is automatically
called to the guardianship of her child. The guardian of the
under-aged King, either appointed by, the will or elected by Par-
liament must be a Greek c tiz;eii'of' the Eastern Dogma. (Const
1927, Art 6)
? (Const 1927, Art 68)
Article 52. In the case: of a vacancy.of the Throne caused
by death, Parliament, even though its session,has ended or has
been dismissed, elects tempor',arily and by open vote a Regent
who is a Greek citizen of the Eastern Dogma. The Cabinet exer-
cises under its responsibility, in the name of.the nation and the
Royal Constitutional authority, until the Regent has taken the
Oath. Witten two.mQgths at the latest a number of representatives
equal to the. number of the members of Parliament are elected by
the ,citizens., who convene together with Parliament and elect a
King by a two-thirds majority of the total in an open vote.
*Article 53. If the Kings deems necessary the composition
of the Regency because of ili.ncss, he convokes the Parliament and
causes them, through the cabinet, to issue a special law for the
.purpose. If the King is in no condition to reign, the Council
of Ministers convokes the'Parliament, and the Parliament having
eonreried elects a Regent; or cral.ls a guardian if necessary after
having recognized such a necessity by a three-fourths majority
of the votes cast in an open vote.
A separate law will regulate the, problems of
Regency arising from departure, of the King outside.. the country.
(Const 1927, Art 68)'
The above Law 922of,15/~23 October 1937 "On.the Regency in
Case of-Departure of thc_: King Outside the Country" (code of
Laws, 1937, p 1105), which entrusts the Regency to the heir.
who is of full age is now in effect.
-0n the; Parliament
By authority of Article 1 of the 7th Constituent Act of 2829
October 1935, 'iOn Retaining in Effect Certain Provisions of
the Constitution of 1927," the provisions of Articles ...5$...
of the Constitution of 3/3 Jun 1927 were kept in effect as
never having been abo1is'hed; '"With the relative provisions
of the Constitution of 31 May 1911 being abolished." How-
ever, no equivalent provisions existed in the above'mentioned
Constitution of 191. F"or this purpose we cite here Article
5$ of the Constitution of 1927,which has been kept in effect
and which reads , as foll~iws: "Members of Parliament are not
11
permitted to' rent rura1areas belonging to the Public, to
undertake State commissions or constructions Qf. public works,
collect reni';`als of p'ublic taxes, or to accept corices`sions on
public property. A violation of any of the above provi-
1 nns renders that at null and void."
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44~Art'icle 54? Parliament automatically convenes for its
annu 1 sesrion on October i o each year, exceptin the case
when the King convokes.it earlier for those activities givenin
Articio 37.
b,o ..9horter than three months;, and this does not include the time
of pusponsion according to. . 1 rticle 38. (Const,- 1927, .Art 46)
Articw 55. Parliament holds' its session in public. in the
Parliament buzldi9. It has'the-tight , however, to hold closed
sessions-"at the request of 10 of its members. If an'issue is
d cidod' on by a majority in a secret session, it is then
d c dedwhether or not dobate ori the same probloth should be re-
peated in public. (Const 1927, Art 47),
%Aticle 56. Parliament cannot debate if at .east one-third
of ;its members,, axe not present, and cannot decide anything with-
oA..abdolute majority of the members present, which, however, can
iar four--fifths of the minimum limit of a quo
The clurat,on of each regular session cannot
I the case of tic the proposal is dropped.
(Cor\st 1927, Art 48)
# Article 57. No law proposal can be accepted if it hasn't
been debated and approved by Parliament once in. principle and
twice by article and as a whole for throe different days.
After its approval in principal, the draft
under debate is sent to a Parliamentary 'Committee, if it had not
previously been sent or had been elaborated upon. by the State
after the
y
Council. .4ftc ,r its iimit set examinatiforon by this the Cpurpose,ommitteite. or
Lapse of the time its artile-by-
artiole debate follows in several meetings at least two days apart.
In exceptional cases howevdr,Parliament may,'declaring the pro-
posal as urgent, not send it to the Committee and limit the time
between the two article-by-article debates to one day.
If any amendments were muiac during the last
debate, the approval of the whole is postponod until what has been
n print
The approval-o'f' Judicial codes,-jhich have
been pr CptArc,d by 'spe:cial committees set up by ^pocia14 law may be
accomplished `by a special law which ra.tifics the said code as a
whole, Proposal for.such a law'cannot be.decl.red urgent.
In the same it riner; goneral codification of
exis'tin, provisions by their simplo .classi.ficn.tion, or thee return,
as a whole, of abolished laws, oxcepti taxazic
aeco:r_iplishod7. (Cont.l92'7, .art 49.
By authorit.v of Articld 1 of the .7th At of 28/29 October
9 "On,?Retaining in Effect Certain.rrovisa-ons 01 'Gne eon-
stitution of 1927," the provisions of articles ...49... of
the C6nstitution of,3 June 1927 were kept in effect as never
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having been abolished, "with the relative provisions of the
Constitution of 1911 being abolished."
These provisions of the Constitution of .1927 have as follows:
proposed must be necessarily accom-
Ar,ticle 49: All
law. panied by an explanatory report, and they are sent to. a
Parliamentary Comm'Lttee,1hen they have been ex,`imined or
when the set time :Lip-it has expired, they are introduced
for. debate after an oral, introduction: by the competent Min-
ister orthe introducer of the Cone ittee, if no such ntro-
fi
dosentmae a;lat the presentation of the proposal. Pro-
Posed laws g burdening of the budget, when sub-
mitttcd by the government, are re not introduced into debate if
the are not accompanied.: by a report of the general account-
ing.--office defining the involved expelditures. If they
are submitted by, Parliament, before any discussion can be
mad. it must be passed on. to the general accounting office
which .must submit a report on the proposal within 10 days.
Proposals for the"amendment of the laws on pensions or the
granting of pensions, as well as recognision of service
which might grant such a privilege, are submitted only by
the Minister of Finance after the opinion of the Comptrol-
ler General has boon heard. Such proposals on pensions must
be specific and no pension provisions can be written into
laws which intend the regulation of other. subjects.
No proposed law can. be accepted if it hasn't been debated
and approved by Parliament twice and in two different meet-.
ings, separated by at least two days. It shall be approved
in principal and by article during the first debate, and by
article and as a whole during the second. If ar}y additions"
or changes were made during the second debate, the approval
of. 'the whole is postponed for 24 hours from the time of
distribution of the amended plan.
No addition can be made or amendment appended to a law pro-
posal if it is not immediately related to the: main contents
of the proposal. As an exception, approval by Parliament
in One debate in principle and by article can be permitted,
if this has ben requested by:the person submitting the
proposal and before the proposal has been sent to the Corn
nittoo defined in Paragraph 1 of this article. This is only
possible if the Committee has approved such'a request and
if no opposition has been raised by 'at least 20 members of
Parliament from the time the proposal has been submitted
until the end of the debate, on it. - riccardirlg to the Regu-
lations of the Senate, it may be ostabli6hod that the approv-
a1 ,of law proposals may be accomplished by it in only one
reading; Law proposals intending the amendment of provi-
sions of a previous law cannot. bb introduced for debate if
the entire text of the amended provision is not contained
in the .xplanatory report, and if the entire new provision,
in its dew form after the'e amendment, does not appear in the
text of the proposal. The approval of judicial or admin-
istrative codes which have been. written by special commit-
tees sot up by' special laws may be accomplished by special
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law which 'ratifies the said 'c'odas; ,s a whole. In the same
Winner general codi 'ication oP oxist ng provisions or re-
turn of abolished laws, except tax laws, may be.,accomplshed
by more c-14s.sification.':-'.
The report of , the , Parliamontary~ Committee on the. Constitution
on the above Article 49'(whoso provision. mentioned in brack-
ets was inactivated, after the abol.,a_tion of the Senate by-
Paragraph b of Article 1 of the l$t" Constituent Act of 1/1.
April 1935 which can be sect in the.Code of Laws, 1935,
p 201), as well as debates of',intorprotation held by Parka-
mend on the ;provisions of `~rticlo'29 which is connected with
Article 49, can be soon in General Codification A 4454*- and
036:.
Article 5 No one can appears independently,before Parlia-
ment in order to propose anything either orally or in writing.
However, petitions can be presented through a member of Parlia-
mont or can be sur' endercd at the officQ: Pa.r liament has the
right to send petitions addressed to zt to the Ministers who are
held responsible to give explanations when requested. Parliament
can also appoint examining co.mittees, composed of its members,
on these matters. (Coast 1927, Art 54, 55, Para b, c)
In exec t .;gin of the above article which boars the same. num-
bcr as that contained in the Constitution of 1864, law 3778
of 14/17 May 1911, "On the Functioning' of the Examining Committees of article 58 of the Constitution," was issued.
Article 59* No tax can be imposed or. collected, without' a
law. As an.. exception, in the case of" imposition or increase of
import taxes, choir collection is permitted from the day. of in:
troduction of'their law proposals in.Parliament with the.oxpressod'
condition that the law will be publishod vvithin 10 days from the
end of the session of Parliament. (Coast 1927, Art-51)
Article- 60. During its regular annual ssssien.; Parliament
approves the size of the military and naval forces, army and navy
recruiting, and the budget for the following fiscal year, and
passes on the financial statement rendered. All rovenuc;^nd`expon=
ditures of the State must be included in the budget and the, finan-
cial statement.
The .budget is introduced in' Parliament the
first two months of its session. After ~it has been examined. by
a special Parliamentary Commi.ttce, it is approved on four differ
eat days, once in sections, by cha:pters and articles, to be speci-
fied in the Regulations of Parliament. It is also approved by.
.Witha.t? one year at the latest;" from the time
the money has bce.n co apletely'spent; the 'financial statement is
introduced in Parliament,. It is -examined by "a special Parlia-
mcntaxy Committee and is passed upon by tho Parliament in accord
ante with the provisions of the Regulations of Parliament (Coast.:,'-
1927, Art 52),.
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*'Article 61. Salaries, pensions, grants,,or rewards cannot
be written in the State 8udget..nor can they be granted without
an organic or other special `Law, '(Const 1.927, Art 53)
Article 62. No member *of Parliament can be prosecuted
because of opinions expressed or vote cast by him in perform-
ance of his Parliamentary duties. (Const 1927, Art 56, Para a)
Article 63. No member of Parliament can be prosecuted or
arrested or imprisoned without the permission of. the Parliamentary
body during a Parliamentary session, Such permission is not
required in the case of in flagrante delicto crimes. Personal
detention of a member of Parliament cannot be made during the
Parliamentary session, four weeks before the session, or three
weeks after the end of the session. If the member of Parliament
is under personal detention, he must be released without fail,
four weeks before the session begins. (Const 1927, Art 56,
Para b) "
Article 64. Members of Parliament take the following oath
in an open meeting in the Parliament building before they can
assume their duties:
"I swear in the name of the holy and consub-
stantial and indivisiblo?Trinity to keep faith with the State
and the Constitutional King, obey the Constitution and the laws
of the State, and to carry out my duties conscientiously."
Members of Parliament who are followers of
other religions, instead of the invoc?tion "I swear in the name
of the holy and consubstantial and indivisible Trinity," swear
according to the form of their own religion. (Const 1927, Art 42)
Article 65. Parliament defines by regulations how it shall
perform its functions. (Const 1927, Art 45)
Article 66. Parliament is composed of members, elected by
general secret ballot according to law from among qualified
citizens who have the right to be elected.
Parliamentary elections are ordered and carried
out simultaneously over the entire State. (Const 1927, Art 36,
Para. a)
The following note of interpretation on Article 66 has been
accepted by Parliament "The Double Parliament decides that
voting may be made compulsory by law."'
In the spirit of the above paragraph, special provisions
were included in the Parliamentary Elections laws providing
for special penalties for those unjustifiably failing to
vote in a called election. ;(For example., see Article 116
of Law 3363 of 2/2 September 1926, Article 1 of law 3824
of 24/25 January 1929 which nullified the previous law, and
the provisions of Article .139 of Law 5493 of 21/21 May 1932
on the Laws of Parliamentary Elections, which were included
as Article 134 in the codification carried out under Law
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6396 by the order of 10/12 January 1935 and which were
recently reinstituted by Law :4 `of i 17/22 May 1936.
*Article 67. Members of- Parl ament:. represent the nation,
not `so1t;ly the 'election district in 'which they were c:lectod;
(Const 1927, Art 37)
-Art cl.e 68. The number .pf ,nombors of Parliament from each
election district is.specified by-law, in accordance' with the
population of the district. However,. the total number of mcm
boys o'. Parliament can never be less than.150. '(Const 1927,
`
b)
Art 36, Para
-,n~ V14S% V(-f V11 1U\+4 U 1115. -11. r-.+ -,V, . _ ./--P uKi-t, u ... v."--- ..aa
Article 68 Prime Minister El. Vpnizelos, asked by members
A~ kichalakopou1os and .T.,.) Manes on the. fate of election priv-
ileges of the islands Hydra, Spetsai and Psarra, made the
following declaration,:. "Nothing can be said on the matter
b`ecausc any matters relatod:to this..sub;ject must remain as
provided under the Constitution. of 1864.""
Indeed, those three islands continuod.to be governed by this
privileged form of election, granted to them. by the 4th
Resolution of the 1s.t Op stit,uent Convention in Athens.' It
was also established by eta cle 121 of`thc Gonstitutioi of
1927 that this privilege should Brad in-1944. The privilege,
however; viasabolished as "the causes bringing it about
have since ceased to exist," by.,the 16th Constituent Act 'o.f
6/17 April 1935 (Code of Layvs, 1935, p 254) from the time of
its publication in the Govornment':Gazette.
~Aticl,e 69. Members of, Parliament arc 'Acct cd for four
consecutive years, commencing; from the day''-of general elections.
Immediately upon the'eompletionof the your-year Parliamentary
period, new general. olcctions are 'ordered-. Within-45 days from
the ,election day, only if the matters specified by article 60
on the election year have not,.b,con fulflllod by the rehiring
Parliament, the 'now Parliariont- is called. into. a compulsory reg-
ular session.' A Parliamentary scat, vacated during the last year
of the terra,, cannot be filled as long as the number of vacancies
is not larger than ono-fourth the? totq l .numberr: of members.
(Coast 1927, Art 38)
*Articlc 70. In order to be able to be elected as member of
Parliament, a' person must b'e a'Greek citizen: who has complotbd
his, twenty-fifth year and has' the legal right to. vote,
1A; member of Parliament who has b-con deprived
of these rights is automptidally dropped from. 'his Parliamentary
office.'' However, if any'doubts arise on the matter, the Parlia-
ment render, the final doeision. , -,(Const 192.7 Art 39)
5
,under Articl .72,^ during
Besides the note of interpretati ;.:.)n
pressed the opinion that, "from the Consti.t:ution.3 T poi:rit of `..'
view, there is no obstacle to. the representation in .Parlia-
merit, of Greek .citizens 'r4 ~zdin; outside, :the :fronti.er.s of `the
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State,!'
*Articlo 71. Salaried c:i.vil servants, active military per-
sonnel, mayors, notaries public, custodians of mortgages and tran-
scripts,. and clerks of court cannot be elected as members, of Par-
liamont unless they resign before publication of the roster of
candidates.
By authority of a special lave, the duties of
a member of Parliament are,inepmpati.ble with the activities of a
diroctor or other administratLye representative or salaried legal
co hsol and employee of commercial firms or, businesses enjoying
special privileges or receiving :regular subsidies. Those belong-
ing'to 'any of these categories must.: choose between their Parlia-
mentary office and the other activity within eight days from the
confirmation df their election,. Failing to express such a choice,
they are automatically dropped from Parliamentary office.
,Law m y specify the incompatibility between
tho?Parliamentary office and additional activities. (Const 1927,
Art 40)
See the noto of interpretation under'Articlo 72.
iw
*Article 72. Members of Parliament assuming any of the duties
or activities mentioned in the previous article are automatically
dropped from Parliamentary office. (Const 1927, Art 41, Para a)
.Prime Minister El. Vcrize:Los made the following note of in-
terpretation on Article ';Z which, by Parliamentary decision,
was included in the o ficial minutes: I"Parliament must do-
cide,in cases in which, according to ~?irticle 72, a person is
dropped from his ParliamojatLary office because the member has
assumed any of the duties or activities of Article 71,, as
long as all the conditions of the application of the pro
visions of Article 70 'co'n.aur."
'*Article 73. Investigation and hearings on Parliamentary
elections, against the authenticity of which objections have been
raised dealing with irregularities in their conduct or lack of
qualifications, are assigned to a special court, the members of
which are drati+n by lot from ari.ong all the members of the Supreme
Court and all the Courts of Appeal in the country. The procedure
of electing by lot is conducted by the Supreme Court and the chair-
'manship of .the Court is assumed by the senior member in age or in
rank. The functions aA4 procedures of the court will be specified
by 'lavr.: . (Const 1927, Art .43)
A member of Parliament has the right to resign
from hi.s.'Parliamentary. office. (Const 1927, Art 41. ,*Para b)
Article 74. At the- beginning of each Parliamentary session,
Parliament e.octs its Presidont, vice-Presidents and Secretaries
from among its members. (Const1, 1927, Art 44)
*tirticle 75. Members of Parliament roceivo a compensation
from the public treasury. 'Those residing in ttllens and Pircus
receive eight hundred drachmas, and all others one thousand
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The rogiz ar F'rosid:etit _ o Parl. amc'nl t receives
an additional compensation of 250 6n0'hr1 S cover per-
formatory expenses:
compensiti'on be
of their duties.
Under no circumstances cdun any odd ti on 1
aid to,, members of Parliament for the 'performancc
(Cori,st ' 1927;; Art r'57) A;