Constitution of Greece
The Constitution of Greece (Greek Σύνταγμα Syntagma ) was adopted by the Fifth Amendment changing Parliamentary Assembly and entered into force in 1975. It has since been revised three times, in 1986, also in 2001 and in 2008.
- 2.1 preamble
- 2.2 outline
Constitutional history of Greece
The constitutional history of Greece goes back to the Greek War of Independence, during which the first three revolutionary Greek constitutions were adopted.
In January 1822 since December 15, 1821, meeting in Epidauros, consisting of 67 members of the National Assembly proclaimed the independence of Greece and adopted a provisional constitution. Political struggles led in March 1823 to convene a new National Assembly at Astros, modified the constitution.
Even before Greece had gained its independence from the Ottoman Empire finally in changing battles, in 1826 a third National Assembly was again convened in Epidauros, a fourth due to political differences initially separated in Egina and Kastri (now Ermioni ) before the beginning of April 1827 in Trizina ( then still united Damalas ). The National Assembly adopted on the basis of the Constitution of Epidauros a final constitution for Greece The elected Regent ( κυβερνητής ) Ioannis Kapodistrias, however, ruled de facto dictatorial largely to the Constitution past; this was confirmed by the came together in July 1829 another National Assembly at Argos by modifying the Constitution.
The since September 1831 meeting in Argos new National Assembly elected on 17 March 1832 Prince Otto of Bavaria, the second son of King Ludwig I of Bavaria as King Otto I (Greek Όθων ) for the grace of God, King of Greece. Greece was monarchy and remained so until 1974, Otto. Practiced the business of government in the manner of an absolute monarch from himself, to him in 1843 a rebellion by the military and people extorted a new constitution. 1864 a new constitution was adopted.
The current Constitution of 1975 ( as amended in 1986, 2001 and 2008) is the latest in a series of constitutions that were ( with the exception of the constitutions of 1968 and 1973 during the Greek military dictatorship ) decided democratically. The Constitution is based formally on a major revision of the 1952 Constitution, but with profound changes. In particular, the state form of " winning democracy " has been replaced by the " parliamentary democracy ", after the monarchy was abolished in 1974 in a referendum. After seven years of military rule and the fundamental rights came to fulfill an essential role.
Constitutional amendments
In 1986, in 2001 and in 2008 the Constitution of 1975 has been revised three times.
Structure and Content
Preamble
As with all previous constitutions, the Constitution begins with the words "In the name of the saints, being peers and Indivisible Trinity ." In the introduced for the first time under the military rule in 1968 more pathetic preamble, however, was omitted.
Structure
The Constitution consists of 120 articles and is divided into 4 parts:
- The first part ( Articles 1-3) contains basic principles. Article 1 proclaims Greece as " Presidential Parliamentary Democracy " ( or republic ) on the basis of popular sovereignty, the designation as " presidential " to the president - unlike the former monarchy - designate as head of state, not call about a presidential system.
- Article 2 emphasizes respect for and protection of human dignity as a State obligation forth, and the promotion of peace, justice and the development of friendly relations between peoples and States in compliance with the rules of international law.
- Article 3 confirms the dominance of the Orthodox Church in Greece.
- The second part (Articles 4-25 ) relates to the individual and social rights: Article 4 contains the principle of equality,
- Article 5, the right to free development of personality
- Articles 6-8 protection from arrest or judicial guarantees and rights,
- Article 9, the inviolability of the home and privacy,
- Article 10 the right to petition and
- Article 11 Freedom of assembly.
- The following are the provisions on the protection of freedom of association, freedom of religion;
- Freedom of expression and its limitations are described in Article 14,
- Freedom of the press in Article 15 quite extensively controlled with a number of amendments and additions.
- Article 16 regulates the freedom of art, science and research, but also sets the education and care ( including the development of national and religious consciousness) as a national objective and the minimum duration of compulsory education ( nine years), as well as the autonomy of universities and lays down rules for status of university teachers and the promotion of the sport.
- Also, the right to property and its limitations are extensively regulated in Articles 17 and 18 with regulations on expropriation and the court proceedings.
- Article 19 protects the secrecy of correspondence,
- Article 20 contains judicial Fundamental Rights, Article 21 the protection of family, health, property and the disabled.
- Article 22 concerns the right to work,
- Article 23, freedom of association and the right to strike,
- Article 24 to protect the environment.
- The third part (Articles 26-105 ) contains the state organization. At first, choice, position and duties of the President is regulated in Articles 30 to 50,
- In Article 51, then to 80 election and functioning of Parliament, including legislation and tax and financial condition.
- With composition and position of the government to deal Articles 81 to 86,
- Articles 87 to 92 of the judiciary.
- The fourth part (Articles 106-120 ) includes special Final and transitional provisions.
Constitutional amendments
The Parliament may adopt amendments or additions to the Constitution, with the exception of the articles that deal with the form of government and some immutable human rights and fundamental freedoms (Article 110, paragraph 1). The amendment to the Constitution is initiated by an initiative of at least one-sixth of the deputies and must be approved by a majority of three -fifths of the deputies, in two separate votes ( readings), which must lie in time at least one month apart. But then the change must be decided again in the next legislative period by an absolute majority; conversely, the next Parliament ratify one in the previous period only by an absolute majority (but not 3/5-Mehrheit ) amendment adopted with 3/5-Mehrheit. Such from the previous parliament equipped with the power to change the Constitution Parliament is called " Changing Constitution Parliament ".
The Constitution Square
Syntagma Square (plateia Syntagmatos ) in Athens is named after the first constitution of the modern Greek state.