Constitution of Greece: Part Three, Section I

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PART THREE ORGANIZATION AND FUNCTIONS OF THE STATE

SECTION I STRUCTURE OF THE STATE

Article 26
1. The legislative powers shall be exercised by the Parliament and the Presidents of the Republic.
2. The executive powers shall be exercised by the President of the Republic and the Government.
3. The judicial powers shall be exercised by courts of law, the decisions of which shall be executed in the name of the Greek People.

Article 27
1. No change in the boundaries of the Country can be made without a statute passed by an absolute majority of the total number of Members of Parliament.
2. Foreign military forces are not acceptable on Greek territory, nor may they remain in or traverse it, except as provided by law passed by an absolute majority of the total number of Members of Parliament.

Article 28
1. The generally recognised rules of international law, as well as international conventions as of the time they are sanctioned by statute and become operative according to their respective conditions, shall be an integral part of domestic Greek law and shall prevail over any contrary provision of the law. The rules of international law and of international conventions shall be applicable to aliens only under the condition of reciprocity.
2. Authorities provided by the Constitution may by treaty or agreement be vested in agencies of international organizations, when this serves an important national interest and promotes cooperation with other States. A majority of three-fifths of the total number of Members of Parliament shall be necessary to vote the law anctioning the treaty or agreement.
3. Greece shall freely proceed by law passed by an absolute majority of the total number of Members of Parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is effected on the basis of the principles of equality and under the condition of reciprocity.

Article 29
1. Greek citizens possessing the right to vote may freely found and join political parties, the organization and activity of which must serve the free functioning of democratic government.
Citizens who have not yet acquired the right to vote may participate in youth sections of parties.
2. The financial support of parties by the State and the publicity of electoral expenses of parties and parliamentary candidates may be provided by law.
3. Manifestations of any nature whatsoever in favour of political parties by judicial functionaries, the military in general, members of the security corps and public servants, as well as the active support in favour of a party by employees of public law legal persons, public enterprises and local government agencies are absolutely prohibited.

SECTION II THE PRESIDENT OF THE REPUBLIC

CHAPTER ONE Election of the President

Article 30
1. The President of the Republic shall regulate the function of the institutions of the Republic. He shall be elected by Parliament for a term of five years, as specified in articles 32 and 33.
2. The office of the President shall be incompatible with any other office, position or function.
3. The presidential tenure commences upon the swearing-in of the President.
4. In case of war, the presidential tenure shall be extended until termination of the war.
5. Re-election of the same person as President is permitted only once.

Article 31
To be eligible for election to the presidency, a person must be a Greek citizen for at least five years, be of Greek descendence from the father's line, have attained the age of forty and be legally entitled to vote.

Article 32
* 1. The President of the Republic shall be elected by the Parliament through vote by roll call in a special session called for this purpose by the Speaker at least one month before the expiration of the tenure of the incumbent President, as specified by the Standing Orders.
In case of permanent incapacitation of the President of the Republic to discharge his duties, as specified in paragraph 2 of article 34, as well as in case of his resignation, death, or removal from office in accordance with the provisions of the Constitution, Parliament shall be assembled to elect a new President within ten days at the latest from the premature termination of the tenure of office by the previous President.
2. In all cases, the election of a President shall be made for a full term.
3. The person receiving a two-thirds majority of the total number of Members of Parliament shall be elected President of the Republic.
Should the said majority not be attained, the ballot shall be repeated after five days.
Should the second ballot fail to produce the required majority, the ballot shall once more be repeated after five days; the person receiving a three-fifths majority of the total number of Members of Parliament shall be elected President of the Republic.
* 4. Should the third ballot fail to produce the said qualified majority, Parliament shall be dissolved within ten days of the ballot, and elections for a new Parliament shall be called.
As soon as the Parliament thus elected shall have constituted itself as a body, it shall proceed through vote by roll call to elect the president of the Republic by a three-fifths majority of the total number of Members of Parliament.
Should the said majority not be attained, the ballot shall be repeated within five days and the person receiving an absolute majority of the votes of the total number of Members of Parliament shall be elected President of the Republic. Should this majority also not be attained, the ballot shall once more be repeated after five days between the two persons with the highest number of votes, and the person receiving a relative majority shall be deemed elected President of the Republic.
5. Should the Parliament be absent, a special session shall be convoked to elect the President of the Republic, as specified in paragraph 4.
If the Parliament has been dissolved in any way whatsoever, the election of the President of the Republic shall be postponed until the new Parliament shall have constituted itself as a body and within twenty days at the latest thereof, as specified in paragraphs 3 and 4 and in adherence with the provisions of paragraph 1 of article 34.
6. Should the procedure specified under the preceding paragraphs for the election of a new President not be completed in time, the incumbent President of the Republic shall continue to discharge his duties even after his term of office has expired, until a new President of the Republic is elected.
Interpretative clause:
A President of the Republic who has resigned prior to the expiration of his tenure may not be a candidate in the elections resulting from his resignation.

Article 33
1. The President-elect shall assume the exercise of his duties on the day following the expiration of the term of the outgoing President or, in all other cases, on the day following his election.
2. Before assuming the exercise of his duties, the President of the Republic shall take the following oath before Parliament:
"I do swear in the name of the Holy and consubstantial and Indivisible Trinity to safeguard the Constitution and the laws, to care for the faithful observance thereof, to defend the national independence and territorial integrity of the Country, to protect the rights and liberties of the Greeks and to serve the general interest and the progress of the Greek 3. A statute shall provide for the civil list of the President of the Republic and the functioning of services necessary for the discharge of his duties.

Article 34
1. Should the President of the Republic be absent abroad for more than ten days, or be deceased or resign or be removed from office or be incapable on any ground for the discharge of his duties, he shall be temporarily replaced by the Speaker of the Parliament; or if there is no Parliament, by the Speaker of the preceding Parliament and, should the latter refuse or not exist, by the Cabinet collectively.
During the term of replacement of the President, the provisions concerning the dissolution of Parliament, except in the case specified in article 32 paragraph 4, as well as the provisions relating to the dismissal of the Cabinet and recourse to a referendum as specified in article 38 paragraph 2 and article 44 para-graph 2, shall not be applicable.
2. Should the incapacity of the President of the Republic to discharge his duties be prolonged for a period exceeding thirty days, the Parliament is mandatorily convoked even if it has been dissolved, for the purpose of deciding, by a three-fifths majority of the total number of its members, if the situation calls for the election of a new President. In no case however may the election of a new President of the Republic be delayed for more than six months from the commencement of his replacement due to his incapacity.

CHAPTER TWO Powers and liability from the acts of the President

Article 35
* 1. No act of the President of the Republic shall be valid nor be executed unless it has been countersigned by the competent Minister who, by his signature alone shall be rendered responsible, and unless it has been published in the Government Gazette.
If the Cabinet has been relieved of its duties as provided by article 38 paragraph 1, and the Prime Minister fails to countersign the relative decree, this shall be signed by the President of the Republic alone.
* 2. By exception, the following acts shall not require countersignature:
a) The appointment of the Prime Minister.
b) The assignment of an exploratory mandate in accordance with article 37, paragraphs 2, 3 and 4.
c) The dissolution of the Parliament in accordance with articles 32 paragraph 4, and 41 paragraph 1, if the Prime Minister fails to countersign, and in accordance with article 53 paragraph 1 if the Cabinet fails to countersign.
d) The return to Parliament of a voted Bill or law proposal in accordance with article 42 paragraph 1.
e) The staff appointments to the administrative services of the Presidency of the Republic.
* 3. The decree to proclaim a referendum on a Bill, as provided by article 44 paragraph 2, shall be countersigned by the Speaker of the Parliament.

Article 36
1. The President of the Republic, complying absolutely with the provisions of article 35 paragraph 1, shall represent the State internationally, declare war, conclude treaties of peace, alliance, economic cooperation and participation in international organizations or unions and he shall announce them to the Parliament with the necessary clarifications, whenever the interest and the security of the State thus allow.
2. Conventions on trade, taxation, economic cooperation and participation in international organizations or unions and all others containing concessions for which, according to other provisions of this Constitution, no provision can be made without a statute, or which may burden the Greeks individually, shall not be operative without ratification by a statute voted by the Parliament.
3. Secret articles of an agreement may in no case reverse the open ones.
4. The ratification of international treaties may not be the object of delegation of legislative power as specified in article 43 paragraphs 2 and 4.

Article 37
1. The President of the Republic shall appoint the Prime Minister and on his recommendation shall appoint and dismiss the other members of the Cabinet and the Undersecretaries.
* 2. The leader of the party having the absolute majority of seats in Parliament shall be appointed Prime Minister. If no party has the absolute majority, the President of the Republic shall give the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a Government enjoying the confidence of the Parliament.
* 3. If this possibility cannot be ascertained, the President of the Republic shall give the exploratory mandate to the leader of the second largest party in Parliament, and if this proves to be unsuccessful, to the leader of the third largest party in Parliament. Each exploratory mandate shall be in force for three days. If all exploratory mandates prove to be unsuccessful, the President of the Republic summons all party leaders, and if the impossibility to form a Cabinet enjoying the confidence of the Parliament is confirmed, he shall attempt to form a Cabinet composed of all parties in Parliament for the purpose of holding parliamentary elections. If this fails, he shall entrust the President of the Supreme Administrative Court or of the Supreme Civil and Criminal Court or of the Court of Auditors to form a Cabinet as widely accepted as possible to carry out elections and dissolves Parliament.
* 4. In cases that a mandate to form a Cabinet or an exploratory mandate is given in accordance with the aforementioned paragraphs, if the party has no leader or party spokesman, or if the leader or party spokesman has not been elected to Parliament, the President of the Republic shall give the mandate to a person proposed by the party's parliamentary group. The proposal for the assignment of a mandate must occur within three days of the Speaker's or his Deputy's communication to the President of the Republic about the number of seats possessed by each party in Parliament; the aforesaid communication must take place before any mandate is given.
*Interpretative clause:
As far as exploratory mandates are concerned, when parties have an equal number of seats in Parliament, the one having acquired more votes at the elections, precedes the other. A recently formed party with a parliamentary group, as provided by the Standing Orders of Parliament, follows an older one with an equal number of seats. In both these instances, exploratory mandates cannot be given to more than four parties.

Article 38
* 1. The President of the Republic shall relieve the Cabinet from its duties if the Cabinet resigns, or if Parliament withdraws its confidence, as specified in article 84. In such cases, the provisions of paragraphs 2, 3 and 4 of article 37 are analogously applied.
If the Prime Minister of the resigned Cabinet is also the leader or party spokesman of the party with an absolute majority of the total number of Members in Parliament, then the provision of article 37 paragraph 3, section c is analogously applied.
* 2. Should the Prime Minister resign or be deceased, the President of the Republic shall appoint as Prime Minister the person proposed by the parliamentary group of the party to which the former belonged. Such proposal must be submitted within three days at the latest. Until the appointment of the new Prime Minister, the discharge of the Prime Minister's duties is undertaken by the first in order Deputy Prime Minister or Minister.
*Interpretative clause:
The provision of paragraph 2 is also applied in the case of replacement of the President of the Republic, as provided in article 34.

Article 39
* [Repealed by the 1986 Amendment]

Article 40
1. The President of the Republic shall convoke Parliament to a regular session once a year as specified in article 64 paragraph 1 and to an extraordinary session whenever he shall judge this to be reasonable, and he shall proclaim the commencement and termination of each parliamentary term in person or through the Prime Minister.
2. The President of the Republic may suspend a parliamentary session only once, either by postponing its commencement or by adjourning it.
3. Suspension of a session may not be extended beyond a period of thirty days, nor may such suspension be repeated during the same session without the consent of Parliament itself.

Article 41
* 1. The President of the Republic may dissolve the Parliament when two Governments have resigned or have been voted down by Parliament and its composition fails to guarantee governmental stability. Elections are held by the Government enjoying the confidence of the dissolving Parliament. In all other cases the third section of paragraph 3 of article 37 is analogously applied.
* 2. The President of the Republic shall dissolve the Parliament on the proposal of the Cabinet which has received a vote of confidence, for the purpose of renewing the popular mandate, in view of dealing with a national issue of exceptional importance. Dissolution of the new Parliament for the same issue is precluded.
3. The decree concerning the dissolution of the Parliament, countersigned in the case of the preceding paragraph by the Cabinet, must contain a proclamation of elections within thirty days and the convocation of the new Parliament within another thirty days of the elections.
* 4. The Parliament elected following the dissolution of the previous one, may not be dissolved before the lapse of one year from its opening session except in those cases described in article 37 paragraph 3 and paragraph 1 of the present article.
5. The dissolution of the Parliament shall be compulsory in the case specified in article 32 paragraph 4.
* Interpretative clause:
In all cases and without any exception, the decree concerning the dissolution of Parliament must contain a proclamation of elections to be held within thirty days and the convocation of the new Parliament within thirty days of the elections.

Article 42
* 1. The President of the Republic shall promulgate and publish the statutes passed by the Parliament within one month of the vote. The President of the Republic may, within the time limit provided for in the preceding sentence, send back a Bill passed by Parliament, stating his reasons for this return.
* 2. A Bill sent back to Parliament by the President of the Republic shall be introduced to the Plenum and, if it is passed again by an absolute majority of the total number of members, following the procedure provided in article 76 paragraph 2, the President of the Republic is bound to promulgate and publish it within ten days of the second vote.
* 3. [Paragraph 3 repealed by the 1986 Amendment].

Article 43
1. The President of the Republic shall issue the decrees necessary for the execution of statutes; he may never suspend the application of laws nor exempt anyone from their execution.
2. The issuance of general regulatory decrees, by virtue of special delegation granted by statute and within the limits of such delegation, shall be permitted on the proposal of the competent Minister. Delegation for the purpose of issuing regulatory acts by other administrative organs shall be permitted in cases concerning the regulation of more specific matters or matters of local interest or of a technical and detailed nature.
* 3. [Paragraph 3 repealed by the 1986 Amendment]. 4. By virtue of statutes passed by the Plenum of the Parliament, delegation may be given for the issuance of general regulatory decrees for the regulation of matters specified by such statutes in a broad framework. These statutes shall set out the general principles and directives of the regulation to be followed and shall set time limits within which the delegation must be used.
5. Matters which, as specified in article 72 paragraph 1, belong to the competence of the plenary session of the Parliament, cannot be the object of delegation as specified in the preceding paragraph.

Article 44
1. Under extraordinary circumstances of an urgent and unforeseeable need, the President of the Republic may, upon the proposal of the Cabinet, issue acts of legislative content. Such acts shall be submitted to Parliament for ratification, as specified in the provisions of article 72 paragraph 1, within forty days of their issuance or within forty days from the convocation of a parliamentary session. Should such acts not be submitted to Parliament within the above time limits or if they should not be ratified by Parliament within three months of their submission, they will henceforth cease to be in force.
* 2. The President of the Republic shall by decree proclaim a referendum on crucial national matters following a resolution voted by an absolute majority of the total number of Members of Parliament, taken upon proposal of the Cabinet.
A referendum on Bills passed by Parliament regulating important social matters, with the exception of the fiscal ones shall be proclaimed by decree by the President of the Republic, if this is decided by three-fifths of the total number of its members, following a proposal of two-fifths of the total number of its members, and as the Standing Orders and the law for the application of the present paragraph provide. No more than two proposals to hold a referendum on a Bill can be introduced in the same parliamentary term.
Should a Bill be voted, the time-limit stated in article 42 paragraph 1 begins the day the referendum is held.
* 3. The President of the Republic may under exceptional circumstances address messages to the People with the consent opinion of the Prime Minister. Those messages should be countersigned by the Prime Minister and published in the Government Gazette.

Article 45
The President of the Republic is the commander in chief of the Nation's Armed Forces, the command of which shall be exercised by the Government, as specified by law. The President shall also confer ranks on those serving therein, as specified by law.

Article 46
1. The President of the Republic shall appoint and dismiss public servants, in accordance with the law, except in cases specified by law.
2. The President of the Republic shall confer the established decorations in accordance with the provisions of the relevant law.

Article 47
1. The President of the Republic shall have the right, pursuant to a recommendation by the Minister of Justice and after consulting with a council composed in its majority of judges, to grant pardons, to commute or reduce sentences pronounced by the courts, and to revoke all consequences at law of sentences pronounced and served. 2. The President of the Republic shall have the right to grant pardon to a Minister convicted as provided in article 86, only with the consent of Parliament.
* 3. Amnesty may be granted only for political crimes, by statute passed by the Plenum of the Parliament with a majority of three-fifths of the total number of members.
4. Amnesty for common crimes may not be granted even by law.

Article 48
* 1. In case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of an armed coup aiming to overthrow the democratic regime, the Parliament, issuing a resolution upon a proposal of the Cabinet, puts into effect throughout the State, or in parts there of the statute on the state of siege, establishes extraordinary courts and suspends the force of the provisions of articles 5 paragraph 4, 6, 8, 9, 11, 12 paragraphs 1 to 4 included, 14, 19, 22 paragraph 3, 23, 96 paragraph 4, and 97, in whole or in part. The President of the Republic publishes the resolution of Parliament.
The resolution of Parliament determines the duration of the effect of the imposed measures, which cannot exceed fifteen days.
* 2. If the Parliament is absent or if it is objectively impossible that it be convoked in time, the measures mentioned in the preceding paragraph are taken by presidential decree issued on the proposal of the Cabinet. The Cabinet shall submit the decree to Parliament for approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than fifteen days.
* 3. The duration of the measures mentioned in the preceding paragraphs may be extended every fifteen days, only upon resolution passed by the Parliament which must be convoked regardless of whether its term has ended or whether it has been dissolved.
* 4. The measures specified in the preceding paragraphs are lifted ipso jure with the expiration of the time limits specified in paragraphs 1, 2 and 3, provided that they are not extended by a resolution of Parliament, and in any case with the termination of war if this was the reason of their imposition.
* 5. From the time that the measures referred to in the previous paragraphs come into effect, the President of the Republic may, following a proposal of the Cabinet, issue acts of legislative content to meet emergencies, or to restore as soon as possible the functioning of the constitutional institutions. Those acts shall be submitted to Parliament for ratification within fifteen days of their issuance or of the convocation of Parliament in session. Should they not be submitted to Parliament within the above-mentioned time-limit, or not be approved by it within fifteen days of their submission, they cease henceforth to be in force. The statute on the state of siege may not be amended during its enforcement.
* 6. The resolutions of Parliament referred to in paragraphs 2 and 3 shall be adopted by a majority of the total number of members, and the resolution mentioned in paragraph 1 by a three-fifths majority of the total number of members. Parliament must decide these matters in only one sitting.
* 7. Throughout the duration of the application of the measures of the state of emergency taken in accordance with the present article, the provisions of articles 61 and 62 of the Constitution shall apply ipso jure regardless of whether Parliament has been dissolved or its term has ended.

CHAPTER THREE Special Liabilities of the President of the Republic

Article 49
1. The President of the Republic shall in no case be held liable for acts performed in the discharge of his duties, except only for high treason or intentional violation of the Constitution. For acts not related to the discharge of his duties, prosecution shall be suspended until the expiration of the presidential term.
2. A proposal to bring charges against and impeach the President of the Republic shall be submitted to Parliament signed by at least one-third of its members and shall require for its adoption a resolution by two-thirds majority of the total number of its members.
3. If the proposal is adopted, the President of the Republic shall be arraigned before the court specified in article 86, the provisions of which shall be accordingly applicable in this case.
4. As of his arraignment, the President of the Republic shall abstain from the discharge of his duties, and shall be replaced as specified in article 34. He shall resume his duties if his term has not expired, as of the issuance of his acquittal by the court specified in article 86.
5. The implementation of the provisions of the present article shall be provided by law enacted by the Parliament in a plenary session.

Article 50
The President of the Republic shall have no powers other than those explicitly conferred upon him by the Constitution and the laws concurrent herewith.

SECTION III: PARLIAMENT

CHAPTER ONE Election and Composition of Parliament

Article 51
1. The number of the Members of Parliament shall be specified by statute; it cannot, however, be below two hundred or over three hundred.
2. The Members of Parliament represent the Nation.
3. The Members of Parliament shall be elected through direct, universal and secret ballot by the citizens who have the right to vote, as specified by law. The law cannot abridge the right to vote except in cases where a minimum age has not been attained or in cases of legal incapacity or as a result of irrevocable criminal conviction for certain felonies.
4. Parliamentary elections shall be held simultaneously throughout the State.
Matters pertaining to the exercise of the right to vote by persons living outside the Country may be specified by law.
5. The exercise of the right to vote shall be compulsory. Exceptions and criminal sanctions shall be specified each time by law.

Article 52
The free and unfalsified expression of the popular will as an expression of popular sovereignty, shall be guaranteed by all State officers who shall be obliged to ensure such under all circumstances. Criminal sanctions for violations of this provision shall be specified by law.

Article 53
1. The Members of Parliament shall be elected for a term of four consecutive years, commencing on the day of the general elections. Upon expiration of the parliamentary term, there shall be proclaimed by presidential decree countersigned by the Cabinet, general parliamentary elections to be held within thirty days and the convocation of the new Parliament in regular session within another thirty days.
2. A parliamentary seat that has become vacant during the last year of a parliamentary term shall not be filled by a by-election, where such is required by law, as long as the number of vacant seats does not exceed one-fifth of the total number of the Members of Parliament.
3. In case of war, the parliamentary term shall be extended for the entire duration thereof. If Parliament has been dissolved, elections shall be postponed until the termination of the war and the Parliament dissolved shall be recalled ipso jure until that time.

Article 54
1. The electoral system and election districts shall be specified by law.
2. The number of Members of Parliament elected in each electoral district shall be specified by presidential decree on the basis of the legal population thereof, as it appears in the latest census.
3. Part of the Parliament, comprising not more than the one twentieth of the total number of its members, may be elected throughout the Country at large in proportion to the total electoral strength of each party throughout the Country, as specified by law.

CHAPTER TWO Disqualifications and Incompatibilities for Members of Parliament

Article 55
1. To be elected as Member of Parliament, one must be a Greek citizen, have the legal capacity to vote and have attained the age of twenty-five years on the day of the election.
2. A Member of Parliament deprived of any of the above qualifications shall forfeit his parliamentary office ipso jure.

Article 56
1. Salaried civil functionaries and servants or officers of the armed forces and the security corps, employees of local government agencies or other public law legal persons, mayors and community presidents, governors or chairmen of the boards of directors of public law legal persons or of public or municipal enterprises, notaries public, registrars of mortgages and transfers may neither stand for election nor be elected to Parliament if they have not resigned from the said offices prior to their nomination. Such resignations shall be valid upon written submission thereof. Military officers who have resigned may under no circumstances return to active service; the return of civil functionaries and servants to their posts in prohibited prior to the lapse of one year from their resignation.
2. Professors of institutions of university level are exempt from the restrictions of the preceding paragraph. The exercise of the duties of professor shall be suspended for the duration of the parliamentary term and the manner of replacement of professors elected to Parliament shall be specified by law.
3. Salaried civil servants, military officers on active service and officers of the security corps, employees of public law legal persons in general, and governors and employees of public and community enterprises or public welfare institutions may not stand for election nor be elected to Parliament in any election district in which they have served for more than three months in the three years preceding elections. Persons who have served as secretaries general of ministries during the last six months of the four-year parliamentary term shall be subject to the same restrictions. Persons nominated as State Deputies and the lower personnel of the central State services shall not be subject to the same restrictions.
4. Civil servants and the military in general, having undertaken the obligation by law to remain in service for a certain period of time, may not stand for election nor be elected to Parliament during the period of such obligation.

Article 57
1. The duties of Members of Parliament shall be incompatible with the duties or the capacity of member of a board of directors, governor, general manager or their alternates, or those of employee of commercial company or enterprise enjoying special privileges or subsidies by the State, or to which concession of public enterprise has been granted.
2. Members of Parliament falling within the provisions of the preceding paragraph must, within eight days of the day on which their election becomes final, state their choice between their parliamentary office and the above stated duties. Failing to make the said statement within the set limit, they shall forfeit their parliamentary office ipso jure.
3. Members of Parliament who accept any of the functions or duties specified in this or the preceding article as constituting a disqualification for parliamentary candidates or as incompatible with the parliamentary office shall forfeit that office ipso jure.
4. Members of Parliament may not undertake commissions, studies, or the execution of works for the State, local government agencies or other public law legal persons or of public or municipal enterprises or leases of public or municipal taxes or rent real estate owned by the aforementioned bodies or accept any form of concessions on such real estate. Violators of the provisions of the present paragraph shall forfeit their parliamentary office and related acts shall be null and void. Such acts shall also be null and void when concluded by commercial companies or enterprises in which the Member of Parliament acts as director or administrative or legal counsellor or if he participates as a partner with full or limited liability.
5. The manner of continuation or transfer or dissolution of contracts for the execution of works and studies specified in paragraph 4 and undertaken by a Member of Parliament before his election, shall be specified by law.

Article 58
The hearing of objections raised against the validity of parliamentary elections and their verification concerning either electoral violations related to the conduct of the elections, or the lack of legal qualifications, is assigned to the Supreme Special Court of article 100.

CHAPTER THREE Duties and Rights of Members of Parliament

Article 59
1. Before undertaking the discharge of their duties, Members of Parliament shall take the following oath in the Chamber and in a public sitting.
"I swear in the name of the Holy Consubstantial and Indivisible Trinity to keep faith in my Country and in the democratic form of government, obedience to the Constitution and the laws and to discharge conscientiously my duties".
2. Members of Parliament who are of a different religion or creed shall take the same oath according to the form of their own religion or creed.
3. Members of Parliament proclaimed elected in the absence of Parliament shall take the oath in the Section in session.

Article 60
1. Members of Parliament enjoy unrestricted freedom of opinion and right to vote according to their conscience.
2. The resignation from parliamentary office is a right of the Member of Parliament and is effectuated as soon as the Member of Parliament submits a written declaration to the Speaker of the Parliament; this declaration is irrevocable.

Article 61
1. A Member of Parliament shall not be prosecuted or in any way interrogated for an opinion expressed or a vote cast by him in the discharge of his parliamentary duties.
2. A Member of Parliament may be prosecuted only for libel, according to the law, after leave has been granted by Parliament. The Court of Appeals shall be competent to hear the case. Such leave is deemed to be conclusively denied if Parliament does not decide within forty-five days from the date the charges have been submitted to the Speaker. In case of refusal to grant leave or if the time limit lapses without action, no charge can be brought for the act committed by the Member of Parliament.
This paragraph shall be applicable as of the next parliamentary session.
3. A Member of Parliament shall not be liable to testify on information given to him or supplied by him in the course of the discharge of his duties, or on the persons who entrusted the information to him or to whom he supplied such information.

Article 62
During the parliamentary term the Members of Parliament shall not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by Parliament. Likewise, a member of a dissolved Parliament shall not be prosecuted for political crimes during the period between the dissolution of Parliament and the declaration of the election of the members of the new Parliament. Leave shall be deemed not granted if Parliament does not decide within three months of the date the request for prosecution by the public prosecutor was transmitted to the Speaker.
The three month limit is suspended during the Parliament's recess.
No leave is required when Members of Parliament are caught in the act of committing a felony.

Article 63
1. For the discharge of their duties, Members of Parliament shall be entitled to receive compensation and expenses from the State; the amount of both shall be determined by the Plenum of the Parliament.
2. Members of Parliament shall enjoy exemption from transportation, postal and telephone charges, the extent of which shall be determined by decision of the Parliament in plenary session.
3. In case of unjustified absence of a member for more than five sittings per month, one-thirtieth of his monthly compensation shall be withheld for each absence.

CHAPTER FOUR Organization and functioning of the Parliament

Article 64
1. The Parliament shall convene, ipso jure, on the first Monday of the month of October of each year in a regular session to conduct its annual business, unless convoked at an earlier date by the President of the Republic, in accordance with Article 40.
2. The duration of a regular session shall not be shorter than five months, not including the time of suspension specified in Article 40.
A regular session is compulsorily extended until the budget is authorized in accordance with article 79 or until the special law provided in the same article is passed.

Article 65
1. Parliament shall determine the manner of its free and democratic operation by adopting its own Standing Orders; these shall be adopted by the Plenum as specified in Article 76 and shall be published in the Government Gazette on the order of the Speaker.
2. Parliament shall elect from among its members the Speaker and the other members of the Presidium as provided by the Standing Orders.
3. The Speaker and Deputy Speakers shall be elected at the beginning of each parliamentary term.
This provision shall not apply to the Speaker and Deputy Speakers elected by the first session of the Fifth Revisionary Parliament.
On a recommendation by fifty Members the Parliament may reprimand the Speaker or a member of the Presidium thus causing the termination of his tenure.
4. The Speaker directs the business of Parliament; he cares to ensure the unhindered conduct of the business, safeguards the freedom of opinion and expression of the Members of Parliament and the maintenance of order. He is entitled to resort even to disciplinary measures against a member misbehaving as specified by the Standing Orders.
5. A scientific research service to the Parliament may be established through the Standing Orders to assist Parliament in its legislative work.
6. The Standing Orders shall determine the organization of the services of the Parliament under the supervision of the Speaker; all matters concerning its personnel shall likewise be regulated. Acts of the Speaker concerning the appointment and the professional status of the personnel of the Parliament shall be subject to recourse on points of act and points of law or petition for annulment lodged with the Supreme Administrative Court.

Article 66
1. The Parliament shall hold public sittings in the Chamber; however, upon the Government's petition or upon the petition of fifteen Members of Parliament and pursuant to a majority decision reached in a closed meeting, the Parliament may deliberate behind closed doors. Thereafter Parliament shall resolve whether the debate on the same subject shall be repeated in an open sitting.
2. Ministers and Undersecretaries shall be free to attend the sittings of Parliament and shall be heard whenever they request the floor.
3. Parliament and parliamentary committees may request Ministers or Undersecretaries to be present when discussing matters for which they are competent.
Parliamentary committees are entitled to invite, through the competent Minister, any public officer considered useful in conducting their business.

Article 67
Parliament cannot resolve without an absolute majority of the members present, which in no case may be less than one-fourth of the total number of the Members of Parliament.
In the case of a tie vote, the vote shall be repeated; in the case of a second tie the proposal shall be rejected.

Article 68
1. At the beginning of each regular session, Parliament shall set up committees composed of Members of Parliament for the study and examination of Bills and law proposals falling within the jurisdiction of the Plenum of the Parliament and of its Sections.
2. Parliament shall set up investigation committees from among its members by a resolution supported by two-fifths of the total number of members, on the proposal of one-fifth of the total number of members.
A parliamentary resolution adopted by an absolute majority of the total number of members shall be required in order to set up investigation committees on matters related to foreign policy and national defence.
Details pertaining to the composition and operation of such committees shall be provided by the Standing Orders.
3. Parliamentary and investigation committees, as well as Sections of Parliament specified in articles 70 and 71 shall be established in proportion to the strength of parties, groups and independents, as specified by the Standing Orders.

Article 69
No person shall appear at his own initiative before the Parliament to make an oral or written report. Reports shall be presented through a member or shall be handed over to the Speaker. Parliament shall have the right to forward any reports addressed thereto to the Ministers and Undersecretaries who shall be obliged to offer explanations when so requested.

Article 70
1. The Parliament shall conduct its legislative business in Plenum.
2. The Standing Orders shall provide for the exercise of the legislative business specified therein to be conducted also by Sections, which are not to exceed the number of two, subject to the restrictions of article 72. The composition and operation of Sections shall be decided at the beginning of each session by an absolute majority of the total number of Members of Parliament.
3. The Standing Orders shall likewise determine by Ministries the distribution of competence among the Sections.
4. Unless otherwise stated, the provisions of the Constitution concerning Parliament shall apply to its functioning either in Plenum or in Sections.
5. The adoption of a resolution by a Section shall require a majority of not less than two-fifths of the number of members in the Section.
6. Parliamentary control shall be exercised by the Plenum at least twice each week, as specified by the Standing Orders.

Article 71
When Parliament is in recess, its legislative business, with the exception of statutes belonging to the competence of the Plenum as specified in article 72, shall be conducted by a Section of Parliament, established and operating as specified in article 68 paragraph 3 and article 70.
The Standing Orders may provide for the examination of Bills by a Parliamentary Committee composed of members of the same Section.

Article 72
1. Parliament in full session debates and votes on its Standing Orders, on Bills pertaining to the election of Members of Parliament, on the subjects of articles 3, 13, 27, 28 and 36 paragraph 1, on the exercise and protection of individual rights, on the operation of political parties, on the granting of legislative power according to article 43 paragraph 4, on the liability of Ministers, on the state of siege, on the civil list of the President of the Republic and on the authentic interpretation of the laws according to article 77 and on every other matter referred to Parliament in full session by special provision of the Constitution or on matters for the provision of which a special majority is required.
The Parliament in Plenum shall also authorize the budget and the financial statement of the State and of Parliament.
2. Debates and votes in principle, by article and as a whole on all other Bills or law proposals may be assigned to a Section of Parliament, as specified in Article 70.
3. A Section assuming the voting of a Bill shall have the power to resolve definitely on its competence and is entitled to refer any dispute over its competence to the Plenum by resolution adopted by the absolute majority of the total number of its members. A resolution of the Plenum shall be binding on the Sections.
4. The Government may introduce a Bill of major importance for debate and voting in the Plenum instead of the Sections.
5. The Plenum of Parliament may demand, by resolution adopted by the absolute majority of the total number of members, that a Bill pending before a Section may be debated and passed in principle, by article, and as a whole by the full assembly.

CHAPTER FIVE The legislative function of Parliament

Article 73
1. The right to introduce Bills belongs to the Parliament and the Government.
2. Bills pertaining in any way to the granting of a pension and the prerequisites thereof shall be introduced only by the Minister of Finance after an opinion of the Court of Auditors; in the case of pensions burdening on the budget of local government agencies or other public law legal persons, Bills shall be submitted by the competent Minister and the Minister of Finance. Pensions must be proposed by means of special Bills; the insertion of provisions pertaining to pensions, in Bills introduced in order to regulate other matters, is not permitted under penalty of nullity.
3. No Bill or amendment or addition which originated in Parliament shall be introduced for debate if it results in an expenditure or a reduction of revenues or assets for the State or local government agencies or other public law legal persons, for the purpose of paying a salary or pension or otherwise benefiting a person.
4. However, an amendment or addition introduced by a party leader or a spokesman of a parliamentary group as specified in article 74 paragraph 3 shall be acceptable in the case of Bills concerning the organization of public services and agencies of public interest, the status of public servants in general, military and security corps officers, employees of local government agencies or other public law legal persons and public enterprises in general.
5. Bills introducing local or special taxes or charges of any nature on behalf of agencies or public or private law legal persons must be countersigned by the Minister of Coordination and the Minister of Finance.

Article 74
1. Every Bill must be accompanied by an explanatory report; before it is introduced to the Plenum or to a Section of Parliament, it may be referred, for legislative elaboration, to the service defined in article 65 paragraph 5 as soon as this service is established, as specified by the Standing Orders.
2. Bills tabled in Parliament shall be referred to the appropriate Parliamentary Committee. When the report has been submitted or when the time-limit for its submittal has elapsed inactively, the Bill shall be introduced for debate to Parliament after three days, unless it has been designated as urgent by the competent Minister. The debate shall begin following an oral introduction by the competent Minister and the rapporteurs of the committee.
3. Amendments submitted by Members of Parliament, to Bills for which the Plenum or the Sections of Parliament are competent, shall not be introduced for debate if they have not been submitted up to and including the day prior to the commencement of the debate, unless the Government consents to such a debate.
4. A Bill for the amendment of a provision of a statute shall not be introduced for debate if the accompanying explanatory report does not contain the full text of the provision to be amended and if the text of the Bill does not contain the full text of the new provision as amended.
5. A Bill containing provisions not related to its main subject matter shall not be introduced for debate.
No addition or amendment shall be introduced for debate if it is not related to the main subject matter of the Bill.
Parliament shall resolve in case of contestation.
6. Once every month, on a day designated by the Standing Orders, pending private Members' Bills shall be entered by priority in the order of the day and debated.

Article 75
1. Any Bill which results in burdening the Budget, if submitted by Ministers, shall not be introduced for debate unless it is accompanied by a report of the General Accounting Office specifying the amount of the expenditure involved; if submitted by Members of Parliament, prior to any debate thereon it shall be forwarded to the General Accounting Office which shall be bound to submit a report within fifteen days. Should this time limit elapse without action, the private Member's Bill shall be introduced for debate without it.
2. The same shall apply for amendments, if so requested by the competent Ministers. In this case, the General Accounting Office shall be bound to submit its report to Parliament within three days; only if the report shall not be forthcoming within this time-limit may the amendment be debated without it.
3. A Government's Bill resulting in an expenditure or a reduction of revenues shall not be introduced for debate unless it is accompanied by a special report specifying the manner in which they will be covered, signed by the competent Minister and the Minister of Finance.

Article 76
1. Every Bill introduced to the Plenum or the Sections of Parliament shall be debated and voted on once in principle, by article and as a whole.
2. Exceptionally, Bills shall be debated and voted on by the Plenum of Parliament twice and in two sittings, at least two days apart; in principle and by article during the first debate, and by article and as a whole during the second, if this should be requested, prior to the debate on the principle, by one-third of its total members.
3. If in the course of the debate, amendments have been proposed and accepted, voting on the Bill as a whole shall be postponed for twenty-four hours from the time the amended Bill was distributed.
4. A Bill designated as very urgent by the Government shall be introduced for voting after a limited debate among the rapporteurs involved, the Prime Minister or the competent Minister, the leaders of parties represented in Parliament and one spokesman for each party. The duration of speeches and the time for the debate may be limited by the Standing Orders.
5. The Government may request that a Bill of particular importance or of an urgent nature be debated in a specific number of sittings, not to exceed three. Parliament may prolong the debate through two additional sittings on the proposal of one-tenth of the total number of Members of Parliament. The duration of each speech shall be specified by the Standing Orders.
6. Judicial or administrative codes drafted by special committees established under special statutes may be voted through in the Plenum of the Parliament by a special statute ratifying the code as a whole.
7. Likewise, legislative provisions in force may be codified by simple classification, or repealed statutes may be reenacted as a whole, with the exception of statutes concerning taxation.
8. A Bill rejected by the Plenum or a Section of Parliament shall not be introduced anew in the same session or to the Section functioning after the end of the session.

Article 77
1. The authentic interpretation of the statutes shall rest with the legislative power.
2. A statute which is not truly interpretative shall enter into force only as of its publication.

CHAPTER SIX Tax and Fiscal Administration

Article 78
1. No tax shall be levied without a statute enacted by Parliament, specifying the subject of taxation and the income, the type of property, the expenses and the transactions or categories thereof to which the tax pertains.
2. A tax or any other financial charge may not be imposed by a retroactive statute effective prior to the fiscal year preceding the imposition of the tax.
3. Exceptionally, in the case of imposition or increase of an import or export duty or a consumer tax, collection thereof shall be permitted as of the date on which the Bill shall be tabled in Parliament, on condition that the statute shall be published within the time-limit specified in article 42 paragraph 1, and in any case not later than ten days from the end of the Parliamentary session.
4. The object of taxation, the tax rate, the tax abatements and exemptions and the granting of pensions may not be subject to legislative delegation.
This prohibition does not preclude the determination by law of the manner of assessing the share of the State or public agencies in general in the automatic increase on value of private real estate property adjoining the site of construction of public works and resulting exclusively therefrom.
5. It shall, exceptionally, be permitted to impose by means of delegation granted in framework by statute, balancing or counteractive charges or duties, and to impose, within the framework of the country's international relations to economic organizations, economic measures or measures concerning the safeguarding of the country's foreign exchange position.

Article 79
1. In the course of its ordinary annual session Parliament shall vote on the State budget of revenues and expenditures for the following year.
2. All State revenues and expenditures must be entered in the annual budget and financial statement.
3. The budget shall be introduced to the Parliament by the Minister of Finance at least one month before the beginning of the fiscal year and shall be voted as specified by the Standing Orders, which shall also ensure the right of every political section in Parliament to express its views.
4. Should the administration of revenues and expenditures as provided in the budget be inoperative for any reason whatsoever, they shall be administered in accordance with a special statute to be enacted every time.
5. Should it be impossible to vote the budget or to pass the special statute defined in the preceding paragraph due to the end of the Parliamentary term, the force of the budget for the fiscal year just ended or ending shall be extended for four months by decree issued upon proposal of the Cabinet.
6. The practice of drafting budgets for bi-annual fiscal periods may be established by statute.
7. The financial statement and general balance sheet of the State shall be laid before Parliament not later than one year from the end of each fiscal year; these shall be examined by a special parliamentary committee and ratified by Parliament as provided by the Standing Orders.
8. Economic and social development plans shall be approved by the Plenum of the Parliament as specified by statute.

Article 80
1. No salary, pension, subsidy or remuneration shall be entered in the State budget or granted, unless it is provided for by statute concerning the organization or other special statute.
2. The minting or issuing of currency shall be regulated by law.