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| In the Name of the Father and of the Son and of the Holy Spirit. We, the Archimandrite and assembled Hegumens of the Serene Monastic Republic of the Holy Mountain make known herewith that this Constitution has been promulgated by Us in the year of Our Lord 1870 as follows:
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| =TITLE I SOVEREIGNTY OF THE SERENE MONASTIC REPUBLIC OF THE MONASTIC REPUBLIC=
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| ==Article 1 [Sovereignty]==
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| §1 The Serene Monastic Republic of the Monastic Republic is a Christian, democratic, sovereign, independent, and neutral nation.
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| §2 This Constitution proclaims that the action of the Serene Monastic Repbulic of the Monastic Republic is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.
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| §3 Sovereignty is vested in the duly elected Hegumens of the twenty monasteries, who exercise it through the executive power of the Archimandrite, the legislative power of the democratically elected Hegumens, and the institutions established in this Constitution.
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| §4 Although the Monastic Republic is but a single community, for purposes of representation and statistics it is comprised of the twenty monasteries and the land apportioned to each one and the Lowland.
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| §5 There is no political entity smaller than the Monastic Republic itself.
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| §6 The territory of the Monastic Republic is inviolable and no portion of it may be ceded.
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| §7 The purpose and mission of the Monastic Republic is to provide an opportunity for men of the Christian Faith to come closer to God through a life of prayer and penance.
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| §8 The citizens of the Lowland provide logistical support to this mission.
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| §9 Unless specified otherwise, all articles in this Constitution pertain to both the monasteries and the Lowland.
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| Article 2 [Language, Capital]
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| §1 Greek is the official language of the Monastic Republic and shall be the only language used in the deliberations of the Executive and the Legislative Branches of the Government.
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| §2 The town of Karyes shall be the capital of the Monastic Republic and the seat of the assembled Hegumens.
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| Article 3 [Constitution and Laws]
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| §1 This present Constitution, which is the highest rule of the Monastic Republic’s legal system, binds all public and private institutions as well as individuals.
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| §2 The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavorable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
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| §3 The universally recognized principles of international public Law are incorporated into the legal system of the Monastic Republic.
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| Amendment added on February 7, 1949.
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| §4 The Universal Declaration of Human Rights is a fundamental constitutive document in the Monastic Republic.
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| Article 4 [Treaties]
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| §1 Treaties by which sovereign rights or prerogatives of the Monastic Republic would be affected, a new burden imposed on the Monastic Republic or its citizens, or an obligation assumed that would limit the rights of the monasteries shall require the assent of a majority of the Hegumens.
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| §2 Treaties and international agreements take effect in the legal system from the moment of their publication in the Official Journal of the Serene Monastic Republic of the Monastic Republic and cannot be amended or repealed by Law.
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| TITLE II THE ARCHIMANDRITE
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| Article 5 [Archimandrite]
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| §1 Sovereignty over the Serene Monastic Republic of the Monastic Republic is vested in the duly elected Archimandrite. The Archimandrite is the symbol and guarantee of the permanence the Monastic Republic as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the world communities. He proclaims the consent of the monasteries to honor their international obligations in accordance with the Constitution.
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| §2 The Archimandrite is the Head of State and the Head of Government and shall exercise his rights pertaining to the powers of the Monastic Republic in accordance with the provisions of this Constitution and of the other laws. The executive power belongs to him and he shall have no powers other than those formally bestowed on him by the Constitution or those specific laws passed by virtue of the Constitution.
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| Article 6 [Election to the Archimandritcy]
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| §1 The Archimandrite shall be appointed from the twenty hegumens in a rotation determined by the seniority of the monasteries for a tenure of five years.
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| §2 Upon election the Archimandrite shall be sworn in at the Divine Liturgy as soon as possible in the presence of the other nineteen Hegumens who shall affirm their fealty by a gesture to be determined by Law.
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| §3 Every Archimandrite shall declare orally upon his honor and dignity the following oath during the Divine Liturgy: “I swear by the Father, the Son, and the Holy Spirit to observe the Constitution of the Serene Monastic Republic of the Monastic Republic and its other laws, and to observe the independence and the territorial integrity of this Most Serene Monastic Republic.” He shall then sign his name to this oath.
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| §4 This oath shall be administered to the new Archimandrite by the outgoing Archimandrite and witnessed by the signatures of the nineteen Hegumens.
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| §5 Should the office of Archimandrite become vacant before the end of the tenure, the Hegumen next in the order of rotation shall be sworn in and begin his five-year tenure.
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| Article 7 [Diplomats]
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| §1 The Archimandrite shall represent the Monastic Republic in all its relations with foreign countries.
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| §2 The Archimandrite shall accredit apokrisiarioi of the Monastic Republic to foreign nations. Foreign envoys present credentials to His Beatitude.
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| §3 The post of diplomatic representation from the Monastic Republic to another nation is not compatible with the holding of any other public office.
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| Article 8 [Required signature]
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| Every law shall require the signature of the Archimandrite to attain legal force.
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| Article 9 [Implementation of Laws]
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| §1 In consultation with the Holy Assembly, the Archimandrite shall take the measures necessary for the execution and implementation of the laws and the measures pursuant to His rights of administration and supervision and shall issue the appropriate ordinances. In urgent cases, he shall take the necessary measures for the security and welfare of the Monastic Republic.
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| §2 Emergency decrees may not suspend the Constitution as a whole or individual provisions thereof but may only limit the applicability of individual provisions of the Constitution. Emergency decrees may not curtail the right of each person to life, the prohibition of torture and inhumane treatment, the prohibition of slavery and forced labor, or the principle of nulla poena sine lege. Moreover, the provisions of this article may not be limited by emergency decrees. Emergency decrees shall expire at the latest six months after they have been issued.
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| Article 10 [Appointment of Krites]
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| The Archimandrite shall appoint the Krites in accordance with the provisions of this Constitution.
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| Article 11 [Commander-in-chief]
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| The Archimandrite is domestikos ton scholon of the Monastic Republic’s tagma. As such, he determines policies of public safety and security within the limits prescribed by Law, appoints the protostrator, and grants commissions to officers.
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| Article 12 [Right of Pardon]
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| §1 The Archimandrite shall have the right of pardon, of mitigating or commuting legally adjudicated sentences, and of quashing initiated investigations.
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| Article 13 [Creation of Services]
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| The Archimandrite shall create and structure the services considered to be necessary for the performance of the Monastic Republic’s institutional functions and shall appoint the holders of these services and their accreditation to all effects.
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| Article 14 [Money and Stamps]
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| §1 The Archimandrite shall issue postage stamps in keeping with the Law.
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| §1 The currency of Greece shall be legal tender in the Monastic Republic.
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| §2 There shall be no private ownership of gold bullion, with the exception of that used in jewelry and coins held for numismatic purposes.
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| Article 15 [Credit]
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| The Archimandrite shall supervise the regulation of credit.
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| Article 16 [Passports]
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| Passports shall be issued in the name of the Archimandrite. They are likewise revoked by the Archimandrite.
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| Article 17 [Heir Apparent as Proxy]
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| The Archimandrite may entrust any other Hegumen as his proxy with the exercise of the sovereign rights pertaining to the Archimandrite, should the Archimandrite be temporarily unable to exercise these rights.
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| Article 18 [Civil List]
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| The Civil List of the Monastic Republic shall assign an amount to the Archimandrite for the functioning of the services of the Monastic Republic, of which amount he may freely dispose.
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| Article 19 [Non-amendment of Powers]
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| The powers of the Archimandrite given by this Constitution may not be proposed for amendment in an interval during which another person is acting for him.
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| TITLE III. RIGHTS AND FREEDOMS
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| Chapter I. General principles
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| Article 20 [Human Dignity Inalienable]
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| The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.
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| Article 21 [Equality]
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| §1 All persons are equal before the Law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.
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| §2 Public authorities shall create the conditions such that the equality and the liberty of individuals may be real and effective.
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| §3 Nowhere in this Constitution shall the use of the masculine pronoun be construed as meaning only someone of the masculine gender.
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| Chapter II. Monastic Republic nationality
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| Article 22 [Monastic Republic nationality]
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| §1 A person whose father or mother is a citizen of the Monastic Republic at the birth of the child shall be a citizen of the Monastic Republic by descent.
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| §2 Merely being born in the territory of the Monastic Republic does not confer citizenship.
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| §3 Every child who is found within the Monastic Republic and the whereabouts of whose parents are unknown shall, until the parents of the child are traced, be deemed to be a citizen of the Monastic Republic by descent.
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| §4 Any man who enters the novitiate in any one of the twenty monasteries becomes a citizen of the Monastic Republic.
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| §5 The acquisition of citizenship of the Monastic Republic by a foreign national shall be regulated by Law.
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| Chapter III. The fundamental rights of the person and public freedoms
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| Article 23 [Right to Life]
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| §1 The Constitution recognises the right to life and fully protects it in all its phases, from conception to death.
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| §2 All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
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| §3 The death penalty is prohibited.
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| §4 A person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case,
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| a. for the defence of any person from violence or for the defence of property;
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| b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
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| c. for the purpose of suppressing a riot, insurrection or mutiny; or
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| d. in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.
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| Article 24 [Right to Liberty and Security]
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| §1 All persons have the right to liberty and security and shall be deprived of them only on such grounds and in accordance with such procedures as are established in the Constitution and the laws.
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| §2 Any person who is arrested or detained shall be informed at the time of his arrest or detention, in a language that he understands, of the reasons for his arrest or detention. If an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with the provisions of this sub-article at the time of the person’s arrest or detention, such provisions shall be complied with as soon as practicable.
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| §2 Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the krites within 48 hours.
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| §3 The Law shall establish a procedure so that the detained may request the Court of Justice to decide about the lawfulness of the detention. Likewise the Law shall establish the procedure to restore the impaired fundamental rights of any person under detention.
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| §4 No one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed.
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| §5 It is not permitted to deport or exile citizens, or to prevent them from returning to the Monastic Republic.
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| Article 25 [Right to Jurisdiction]
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| §1 All persons shall have the right to jurisdiction and to have a ruling founded in the Law, and to a due trial before an impartial tribunal established by Law.
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| §2 All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves or members of their family and to appeal in criminal causes.
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| §3 No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of the Supreme Tribunal made in the course of appeal or review proceedings relating to the conviction or acquittal. No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
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| §4 In order to guarantee the principle of equality, the Law shall regulate the cases when justice shall be free of cost.
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| §5 Penalties may be threatened or imposed only in accordance with the Law.
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| Article 26 [Freedom of Thought]
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| §1 The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to disclose his or her ideology, religion or beliefs; nor may anyone be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.
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| §2 The Monastic Republic does not have the right to intervene either in the nomination or in the installation of ministers of any religion whatsoever, nor to forbid these ministers from corresponding with their superiors, or from publishing their acts, except, in the latter case, taking into consideration normal responsibilities in matters of press and publication.
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| §3 Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by Law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.
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| §4 The Holy Orthodox Faith is the National Church. The Constitution guarantees the Holy Orthodox Faith free and public exercise of its activities.
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| §5 Other faiths shall also be entitled to practice their creeds and to hold religious services within the limits of morality and public order in the Lowland.
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| §6 Time for religious teaching shall be provided in all Monastic Republic schools as part of compulsory education, unless objection to such requirement is made by the person who according to law has authority over him, in which case the student shall receive non-denominational moral education.
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| §7 Ownership and all other proprietary rights of religious communities and associations in respect of their institutes, foundations and other possessions devoted to worship, instruction, and charity shall be guaranteed.
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| §8 The Monastic Republic awards remuneration and pensions to duly authorized religious leaders in accord with Law; those amounts required are included in the General Budget on an annual basis. No other payments from the General Budget to religious bodies are permitted.
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| Article 27 [Freedom of Expression]
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| §1 Freedoms of expression, of communication and of information are guaranteed. All persons shall have the right to freely express their opinions and to communicate their ideas verbally, in writing, in print or with images, within the limits of the Law and morality.
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| §2 The Law shall regulate the right of reply, the right of correction and of professional secrecy.
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| §3 Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.
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| §4 Censorship may be exercised only in respect of public performances and exhibitions.
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| Article 28 [The Family]
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| §1 The Monastic Republic shall promote a policy of protection of the family, which is the basic foundation of society.
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| §2 Marriage is a civil contract; only those marriages witnessed by a minister of the Monastic Republic are valid. However, the right of religions to conduct marriages is upheld. Duly authorized ministers of religion may function as ministers of the Monastic Republic with respect to marriage.
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| §3 Only that union between one man and one woman shall be called a marriage and shall have the full protection of the Law. The civil status of persons and forms of marriage shall be regulated by Law. The civil effects of Canon Law marriage shall be recognized.
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| §4 The Monastic Republic shall not recognize a union contrary to that described in §3 that has taken place between those who wish to become citizens of the Monastic Republic.
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| §5 Both spouses have the same rights and duties. All children are equal before the Law, regardless of their parentage.
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| Article 29 [Right to Privacy]
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| The right to privacy, honor and reputation shall be guaranteed. All shall be protected by Law against unlawful interference in their family and private life.
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| Article 30 [Inviolability of the Home]
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| §1 Inviolability of the home shall be guaranteed. No one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of flagrante delicto. The privacy of communication shall also be guaranteed, except upon a reasoned court order.
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| §2 Except in the cases specified by Law and in the manner prescribed by Law, no person may be arrested or kept in custody, no houses, persons, letters or documents may be searched, and no letters or documents may be seized.
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| §3 Persons arrested unlawfully and persons arrested or convicted and shown to be innocent shall be entitled to full compensation from the Monastic Republic as determined by the Courts. Whether and to what extent the Monastic Republic has a right of recourse against third parties in such cases shall be determined by Law.
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| Article 31 [Right to Assemble]
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| The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people. A law shall establish a Registry of the associations which may be constituted.
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| Article 32 [Right to Associations]
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| §1 The right to form and maintain managerial, professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organizations shall operate within the limits of the Monastic Republic, shall have their own autonomy without any organic dependence on foreign bodies, and shall function democratically.
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| §2 Workers and employers have the right to defend their own economic and social interests. Laws shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.
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| §3 Civil and military positions are the exclusive rights of the Citizens of the Lowland.
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| Article 33 [Right to Education]
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| §1 All persons have the right to an education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.
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| §2 Freedom of teaching and of establishing teaching centres shall be recognised.
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| §3 Parents have the right to decide the type of education for their children. They also have the right to moral or religious instruction for their children in accordance with their own convictions.
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| Article 34 [Freedom of Movement]
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| §1 The People have the right to move freely throughout the Lowland and to enter and leave the Lowland in accordance with the laws.
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| §2 The residence rights of foreigners shall be determined by international treaties or, if applicable, by reciprocity.
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| §3 The People and lawful resident foreigners have the right freely to choose their residence in the Lowland, unless there is a law to the contrary.
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| §4 Women may not enter the territory of the monasteries. Men may enter only by invitation.
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| Article 35 [Rights of Foreigners]
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| §1 Foreigners enjoy all the public and private rights and privileges not reserved by Law to citizens.
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| §2 Every foreigner who is legally resident in the Monastic Republic shall have the right to protection of his person and his property in accordance with the Law. Foreigners shall have regard for society's values and respect its traditions and customs.
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| §3 The non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by Law, after a non-appealable decision of the Court of Justice, if the interested person exercises his right to jurisdiction.
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| Article 36 [Right to Petition]
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| §1 The right to petition the Archimandrite shall be guaranteed; not only individuals whose rights or interests are affected but also associations shall be entitled to have their wishes and requests brought before the Archimandrite.
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| §2 The right of complaint shall be guaranteed. Every citizen of the Monastic Republic shall be entitled to lodge a complaint regarding any action or procedure on the part of a public authority that is contrary to the Constitution, the Law, or ordinances and that is detrimental to his rights or interests. Such complaint may be addressed to the immediately superior authority and may, if necessary, be pursued to the highest authority, to the extent that the stages of recourse are not limited by Law. If a complaint thus submitted is rejected by the superior authority, the superior authority shall be required to disclose to the complainant the reasons for its decision. The Archimandrite is the court of final appeal.
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| Article 37 [Obligation to Bear Arms]
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| §1 Defense of the homeland is a sacred duty. Every citizen fit to bear arms shall be required to serve in the Constabulary for a period of two years.
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| §2 Every citizen fit to bear arms shall be required, until the completion of his 59th year, to serve in the Constabulary in the event of emergency.
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| §3 The freedom to own and use firearms shall be regulated by Law.
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| Chapter IV. Political rights of citizens
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| Article 40 [Right to Vote]
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| §1 All the People who have completed their 18th year, have their residence in Monastic Republic, and whose right to vote has not been suspended shall be entitled to all political rights in national matters.
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| §2 Each town shall maintain a register of those of its residents who are eligible to vote.
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| §3 Each register entry shall list the name, the date of birth or naturalization, the identification number, the address, a notation of the date and reason for the right being suspended, and a notation of the date and reason for the right being reinstated.
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| Article 41 [Right to Public Office]
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| All the People have the right of accession to public service and office under the same conditions and in accordance with the requirements determined by Law. The exercise of institutional posts is reserved to the People, with the exceptions that may be provided for in the Constitution or in international treaties.
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| Article 42 [Right to Create Political Parties]
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| The People have the right freely to create political parties. Their functioning and organization must be democratic and their activities lawful. The suspension of their activities and their dissolution is the responsibility of the Court of Justice.
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| Chapter V. Rights, and economic, social and cultural principles.
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| Article 43 [Right to Own Property]
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| §1 All the People shall have the right to acquire all forms of property, except real property, in accordance with the Law.
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| §2 Real estate may not be privately owned. All real estate is owned by the Monastic Republic and is made available to the People as determined by Law.
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| §3 Private property and the rights of inheritance are recognised without other limits than those derived from the social function of property.
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| §4 The inviolability of private property shall be guaranteed. No one shall be deprived of his goods or rights, unless upon justified consideration of the public interest, with just compensation by or pursuant to Law.
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| §5 Copyright shall be regulated by Law.
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| Article 44 [Right of Enterprise]
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| The right of enterprise shall be recognised within the framework of the market economy and in accordance with the Law.
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| Article 45 [Right to Work]
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| §1 All the People have a right to work, to their promotion through work, and to a just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation. This right cannot be renounced.
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| §2 No person shall be required to perform forced labour. Forced labour does not include:
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| a. any labour required in consequence of the sentence or order of a court;
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| b. any labour required of any person while he is lawfully detained by sentence or order of a court that, though not required in consequence of such sentence or order, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained or, if he is detained for the purpose of his care, treatment, education or welfare, is reasonably required for that purpose;
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| c. any labour required of a member of the Constabulary in pursuance of his duties as such;
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| d. any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community.
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| §3 The maximum number of hours of work per day shall be fixed by law.
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| §4 The minimum age for paid labor shall be fixed by law.
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| Article 46 [Right to Health Services]
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| §1 The right to health protection and to receive services to look after personal needs shall be respected. With that intent the Monastic Republic shall guarantee a system of Social Security.
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| §2 Disabled persons and persons incapable of work are entitled to education and vocational training.
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| Article 47 [Monastic Republic Intevention in the Market]
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| The Monastic Republic may intervene in the ordering of the economic, commercial, labor and financial system to make possible, within the frame of a market economy system, the balanced development of the society and general welfare.
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| Article 48 [Decent Housing]
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| The public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing.
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| Article 49 [Conservation of Heritage]
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| The Monastic Republic shall guarantee the conservation, promotion and diffusion of the historical, cultural and artistic heritage of the Serene Monastic Republic of the Holy Mountain.
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| Article 50 [Rights of Consumers]
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| The rights of consumers and users shall be guaranteed by Law and protected by the public authorities.
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| Article 51 [Social Communication]
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| The Monastic Republic may create media of social communication. In accordance with the principles of participation and pluralism, laws will regulate their organization and control by the Holy Assembly.
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| Chapter VI. Duties of nationals and of foreigners
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| Article 52 [Taxes]
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| §1 All individuals, that is, both citizens and resident aliens, and juridical persons shall contribute to the public expenditure depending on their economic capacity, by means of a just taxing system, pursuant to laws and founded upon the principles of generality and equitative distribution of tax burdens.
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| §2 Through the enactment of legislation, the Monastic Republic shall provide for equitable taxation that exempts a minimum subsistence level and draws more heavily on high assets and income.
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| §3 No privileges with regard to taxes can be established.
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| §4 No exemption or reduction of taxes can be established except by a law.
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| Article 53 [Community Service]
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| The Monastic Republic may create by Law types of community service to pursue tasks of general interest.
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| Chapter VII. Guarantees of rights and freedoms
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| Article 54
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| §1 The rights and freedoms recognised in chapters III and IV of this Title bind immediately all public authorities as directly enforceable Law. Their contents cannot be limited by Law and are protected by the Court.
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| §2 Foreigners legally resident in the Monastic Republic can freely exercise the rights and freedoms of chapter III of this Title.
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| §3 The rights of chapter V form the basis of the legislation and the actions of the public authorities, but they may only be invoked within the conditions determined by the laws.
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| Article 55 [Regulation of Rights]
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| The exercise of the rights recognised in this Title may be regulated only by Law. The rights of chapter III shall be regulated by means of Law.
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| Article 56 [Protection of Rights]
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| §1 The rights and freedoms recognized in chapter III are protected by the Court of Justice through urgent and preferent proceedings regulated by Law, which in any case shall be transacted in two instances.
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| §2 A law shall create an exceptional Procedure of Appeal before the Constitutional Court against the acts of the public authorities which may violate the essential contents of the rights mentioned in the paragraph above, with the exception of the case provided for in article 26.
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| Article 57 [States of Alarm]
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| §1 Laws shall regulate the states of alarm and emergency. The former may be declared by the Archimandrite in case of natural catastrophes, for a term of fifteen days, notifying the Holy Assembly. The latter shall also be declared by the Archimandrite for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorization of the Holy Assembly. Any extension of these states requires the necessary approval of the Holy Assembly.
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| §2 Under the state of alarm the exercise of the rights recognised in articles 21 and 27 may be limited. Under the state of emergency the rights covered by articles §92, 12, 15, 16, 19 and 21 may be suspended. The application of this suspension to the rights covered in articles §92 and 15 must apply under the control of the Judiciary notwithstanding the procedure of protection established in article §9§3???
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|
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| TITLE IV RESPONSIBILITIES OF THE MONASTIC REPUBLIC
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|
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| Article 58 [Promotion of Overall Welfare]
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| The highest responsibility of the Monastic Republic shall be to promote the overall welfare of the People. For this purpose, the Monastic Republic shall be responsible for establishing and safeguarding Law and for protecting the religious, moral and economic interests of the People.
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|
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| Article 59 [Promotion of Education]
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| §1 The Monastic Republic shall devote special attention to education and schooling. Education and schooling shall be designed and administered so that, through the cooperation of family, school and church, the members of the younger generation are endowed with religious and moral learning, patriotic attitudes, and skills for their future occupations.
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| §2 Education shall be universal and compulsory.
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|
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| Article 60 [Provision for Education]
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| §1 The entire system of education and instruction shall be under the supervision of the Monastic Republic, without prejudice to the inviolability of the teachings of the Church.
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| §2 The Monastic Republic shall ensure that adequate compulsory instruction at the elementary and secondary level is given free of charge in the schools.
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| §3 The Monastic Republic shall provide appropriate stipends to help talented students without financial means to attend institutes of higher education.
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| §4 Religious instruction shall be given by the authorities of the different denominations.
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| §5 Nobody shall allow young persons in their charge to leave school without the degree of schooling prescribed for public primary and secondary schools.
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| §6 Private instruction shall be permissible, provided that it conforms with the legal provisions governing the period of schooling, the educational aims, and the arrangements prevailing in the schools.
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|
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| Article 61 [Provision for Public Health]
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| The Monastic Republic shall be responsible for the public health system, shall support measures for the care of the sick, and shall seek by way of Law to combat alcoholism and to reform alcoholics and work-shy persons.
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|
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| Article 62 [Protection of Right to Work and Public Days of Rest]
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| §1 The Monastic Republic shall protect the right to work and the workers, especially women and young persons employed in trades and industry.
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| §2 Sundays and those holidays recognized by the Monastic Republic shall be observed as public days of rest. All Monastic Republic agencies and the schools will be closed.
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| §3 The following are the public days of rest:
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| January 6 (January 7 if January 6 falls on a Sunday), the Epiphany;
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| February 2 (February 3 if January 2 falls on a Sunday), the Presentation of Christ;
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| Good Friday;
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| Easter Monday;
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| Ascension Thursday;
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| Pentecost Monday;
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| the first Monday of August in election years;
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| June 29 (June 30 if June 9 falls on a Sunday), Sts. Peter and Paul;
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| August 15 (August 16 if August 15 falls on a Sunday), the Dormition;
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| September 8 (September 9 if September 8 falls on a Sunday), the birth of the virgin.
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| November 1 (November 2 if November 1 falls on a Sunday), All Saints Day;
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| December 8 (December 9 if December 8 falls on a Sunday), the Immaculate Conception;
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| December 24, Christmas Eve;
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| December 25, Christmas Day; if December 25 falls on a Sunday, then December 26 as well.
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|
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| Article 63 [Waterways and Electricity]
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| §1 The Monastic Republic shall have sovereign rights over the bodies of water surrounding it in accord with a treaty with the Republic of Greece. The use of, channelling of, and defence against the bodies of water shall be regulated by way of Law and promoted, with due regard to the development of technology.
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| §2 Electricity rights shall be regulated by Law.
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|
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| Article 64 [Public services for the Poor]
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| Public services for the poor shall be administered by the Monastic Republic under the conditions set forth in specific laws, especially for the proper care of orphans, the mentally ill, the terminally ill, and the infirm.
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|
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| Article 65 [State Support for Insurance]
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| The Monastic Republic shall support and promote insurance plans for health, old age, disability, fire and flood.
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|
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| Article 66 [Provision for Legal Help]
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| §1 The Monastic Republic shall provide for rapid court and enforcement proceedings that safeguard material rights and for administrative law proceedings conforming to the same principles.
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| §2 The professional exercise of the representation of parties shall be regulated by Law.
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|
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| Article 67 [The Constabulary]
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| §1 The Monastic Republic shall provide for a police force, known as the Constabulary, to provide for security, public order, border control, traffic control, criminal investigation, and other general police duties.
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| §2 Constabulary personnel may enter the Holy Mountain only by invitation.
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| §3 The organization and the attributions of the Constabulary are the subject of Law.
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| §4 Constabulary personnel may be deprived of rank, honours, and pensions only in the manner described by Law.
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| §5 Under no circumstance may foreign troops be admitted within the service of the Monastic Republic, or occupy or cross through the territory other than on the sole basis of Law.
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|
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| TITLE V THE HOLY ASSEMBLY
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|
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| Article 67 [Holy Assembly]
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| §1 The Holy Assembly shall be the legal organ representing all the People and as such shall be called upon to represent and assert the rights and interests of the People, and to promote to the extent possible the welfare of the Monastic Republic while faithfully adhering to the principles laid down in this Constitution.
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| §2 The rights appertaining to the Holy Assembly may be exercised only in its lawfully constituted assembly.
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|
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| Article 68 [Duties of the Holy Assembly]
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| §1 The Holy Assembly shall have the right of supervision over the entire Monastic Republic administration, including the administration of Justice. The supervisory right of the Holy Assembly shall not extend to the jurisprudence of the Court or to the functions assigned to the Archimandrite.
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| §2 The Holy Assembly shall at any time be at liberty to bring defects or abuses that it has observed in the Monastic Republic administration directly to the attention of the Archimandrite by way of a remonstrance or complaint and to request a remedy. The results of the inquiry that shall be initiated into such a matter and the measures ordered in consequence shall be communicated to the Holy Assembly.
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|
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| Chapter §1 Organization of the Holy Assembly
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| Article 69 [Election of Hegumenons]
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| §1 The Hegumens are elected by universal, free, equal and direct suffrage of the monks in their respective monasteries for a five-year term.
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| §2 Candidates for the Holy Assembly must be citizens of the Monastic Republic for at least five years, at least 35 years of age, and not deprived of their eligibility by reason of Law.
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| §3 Regular elections of the Hegumen shall be held in November.
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| §4 Should the office of Hegumen become vacant before the end of the tenure, an election shall be held immediately and the new Hegumen shall be sworn in and begin his five-year tenure.
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| §5 A Hegumen may not succeed himself, but may be re-elected at a later time.
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|
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| §10 The seat of a Hegumen becomes vacant when he:
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| a. ceases to be a citizen of the Monastic Republic; or
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| b. becomes physically or mentally incapable; or
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| b. comes under any type of ecclesiastical or civil censure.
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|
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| Article 70 [Call to Convene]
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| When a call to convene is issued, the Members of the Holy Assembly shall appear in person at the seat of the Archimandrite. If a Member is unable to appear, he must, on receiving the first call to convene, notify the Archimandrite in a timely manner, stating the reason he is unable to appear and stating whom he has appointed as his protopapas.
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|
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| Article 71 [Opening of Holy Assembly]
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| §1 The first meeting of the Holy Assembly shall be opened with the Divine Liturgy with the Archimandrite as presider. All new Members shall take the following oath before the Archimandrite: “I swear to observe the Constitution of the Serene Monastic Republic of the Holy Mountain and the existing laws and to promote in the Holy Assembly the welfare of the country, without any ulterior motives, to the best of my ability and conscience, so help me God!”
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| §2 Members entering the Holy Assembly later shall also take this oath before the Archimandrite.
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|
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| Article 72 [Rules of Procedure]
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| §1 The Holy Assembly draws up and modifies its own Rules of Procedure. With a majority vote of the Holy Assembly, it fixes its budget and regulates the status of the staff at its service.
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| §2 A majority vote is required for all Holy Assembly business, majority being defined as more than one half of the valid votes cast.
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|
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| Article 73 [Sessions]
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| §1 The Holy Assembly sits in ordinary and extraordinary sessions, convened in the form prescribed in the Rules of Procedure.
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| §2 The Holy Assembly sits in its own building which is located in Karyes.
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| §3 The Holy Assembly building shall include a large room equiped with a large round table and 20 chairs. It shall also have overnight accomodations for the 20 Members and their assistants.
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|
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| §4 Provision shall be made for a ??? to record the meeting.
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| §5 A record of the public sessions of the Holy Assembly is printed in the Official Journal of the Serene Monastic Republic of the Holy Mountain.
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| §6 At least two electronic copies of the Official Journal of the Serene Monastic Republic of the Holy Mountain shall be maintained. Each shall be kept in a separate location.
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|
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| Article 74 [Extraordinary Meeting]
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| In the case of a vacancy in the office of the Archmandrite, the Holy Assembly shall be convened to an extraordinary meeting within 30 days to receive the declaration of the Archimandrite as provided for in Article 6, §5, and to take the oath of allegiance.
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|
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| Chapter II. Legislative procedure
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| Article 75 [Legislative Procedure]
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| §1 The legislative initiative corresponds to the Holy Assembly.
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| §2 If at least 100 of the People eligible to vote, whose signatures and right to vote have been certified by their respective towns, submit a request in writing, to enact, amend or repeal a law, such a request shall be considered at the next meeting of the Holy Assembly.
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| §3 If the request from one of the organs referred to in Article §1 concerns the enactment of a law that has not already been provided for by this Constitution and the implementation of which would result either in a non-recurrent expenditure not already provided for by the finance act or in an expenditure over a longer period, such request shall only be considered by the Holy Assembly if it is accompanied by a proposal to cover the necessary funds.
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| §4 An initiative concerning the Constitution may only be brought by at least one-third of the registered voters.
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| §5 Further detailed provisions regarding this popular initiative shall be laid down in a law.
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|
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| Article 76 [Extreme Need]
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| In cases of extreme urgency and need, the Archimandrite may present the Holy Assembly with an articled text for approval as a Law, in a vote on the whole text, within a period of forty-eight hours.
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|
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| Article 77 [General Budget]
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| §1 The initiative of the Bill of the General Budget corresponds exclusively to the Archimandrite, who must submit it for Holy Assembly approval at least two months prior to the April session, accompanied by a proposal for the taxes to be levied.
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| §2 For each expired fiscal year, the Archimandrite shall communicate to the Holy Assembly, in the first half of the following fiscal year, exact evidence of the use of the revenues approved and levied in conformity with the budget, subject to the authorization of justified budget overruns and subject to the accountability of the Archimandrite in the case of unjustified overruns.
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| §3 Any savings attained with respect to individual budget items may not be used to cover excess expenditures with respect to other items.
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| §4 The Archimandrite shall administer the financial assets of the Monastic Republic in accordance with principles it shall determine in agreement with the Holy Assembly. The Archimandrite shall submit a report to the Holy Assembly together with the annual accountability report.
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|
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| Article 78 [Bill of the General Budget]
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| §1 The Bill of the General Budget shall be given priority over other matters and it will be carried out in accordance with a specific procedure, as prescribed in the Rules of Procedure.
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| §2 The Bill of the General Budget shall be approved chapter by chapter. The transfer of funds from one chapter to another is not permitted, unless authorized by Law.
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| §3 If the Bill of the General Budget has not yet been approved on the first day of the corresponding fiscal year, the Budget of the previous year shall automatically be extended until the new one be approved.
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| §4 The fiscal year shall be July through June.
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| §5 The Bill of the General Budget comprises all those monies requested by the Archimandrite for the execution and operation of the administration of the government.
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| §6 The Bill of the General Budget may not impose taxes.
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| §7 The Finance Committee of the Holy Assembly shall make an annual revision of the execution of the Budget.
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|
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| Article 79 [Levying of Taxes]
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| §1 Without the approval of the Holy Assembly, no direct or indirect taxes or any other national dues or general levies, however they may be designated, may be imposed or collected. The fact that such approval has been given shall be mentioned explicitly in the tax demand notice.
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| §2 The manner by which all public dues and levies are divided among and apportioned to persons and objects and the manner by which they are collected shall also require the approval of the Holy Assembly.
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| §3 As a rule, the approval of taxes and dues shall be granted for one fiscal year.
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|
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| Article 80 [Amendment of Bills]
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| §1 The Holy Assembly has the right to amend any bills presented to them for approval.
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| §2 The Archimandrite may request that the Holy Assembly not debate those amendments which imply an increase of expenditure or a decrease of revenue in relation to the amounts provided for in the Law of the General Budget. The Holy Assembly, by a majority vote, may challenge that re-quest by means of a reasoned motion.
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|
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| Article 81 [Act of the Holy Assembly]
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| §1 A Bill shall become an Act of the Holy Assembly once it has been passed by the Holy Assembly. The Archimandrite will then sign it, enact it, and order its publication in the Official Journal of the Serene Monastic Republic of the Holy Mountain.
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| §2 A bill vetoed by the Archimandrite shall be returned to the Holy Assembly, along with his objections, for further consideration and must then be passed by the whole Holy Assembly.
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| §3 An Act of the Holy Assembly shall be deemed ratified and the Archimandrite shall promulgate it if six months have elapsed from the date on which it was submitted to him by the Holy Assembly without it being returned to the Holy Assembly for reconsideration.
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|
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| Chapter III. International treaties
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| Article 82 [Approval of Treaties]
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| §1 International treaties shall be approved by the Holy Assembly by a majority vote in the following cases:
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| a) Treaties linking the Monastic Republic to an international organization.
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| b) Treaties related to internal security and to defense.
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| c) Treaties related to the territory of the Serene Monastic Republic of the Holy Mountain.
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| d) Treaties affecting the fundamental rights regulated in Title II.
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| e) Treaties implying the creation of new burdens for the Public Finances.
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| f) Treaties creating or modifying dispositions of a legislative nature or requiring legislative measures for their implementation.
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| g) Treaties dealing with diplomatic representation or consular functions, or about judiciary or penitentiary cooperation.
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| §2 The Archimandrite shall inform the Holy Assembly of the conclusion of the other international agreements.
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| §3 The previous agreement of the majority vote of the House shall be required for the repeal of the international treaties affecting the matters enumerated in paragraph §1
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|
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| Article 83 [Treaties of Relinquishing]
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| For the purpose of furthering the interests of the People and international progress and peace, legislative, judicial and executive functions may be relinquished only to international organizations and by means of a treaty which shall be passed by a majority vote of the Holy Assembly.
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|
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| Article 84 [Agreement on Treaty Texts]
| |
| §1 The Archimandrite participates in the negotiation of those treaties affecting the relations with other nations when dealing with the matters enumerated in article 82 §1, b and g.
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| §2 The Monastic Republic delegation with the task of negotiating the treaties mentioned in the previous paragraph shall be composed of the members appointed by the Archimandrite.
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|
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| TITLE VII JUSTICE
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|
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| Article 85 [Judicial Power]
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| Judicial power belongs to the Archimandrite who, according to this present Constitution, delegates full exercise of this power to the Courts. The Courts render Justice in the name of the Archimandrite.
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|
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| Article 86 [Krites]
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| §1 In the name of the People, justice is solely administered by independent Krites, with security of tenure, and while in the performance of their judicial functions, bound only to the Constitution and the Laws. All Krites must be citizens of the Serene Monastic Republic of the Holy Mountain.
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| §2 The whole judicial power is vested in a uniform organization of Justice. Its structure, functioning and the legal status of its members shall be regulated by Law.
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| §3 The Krites administer Justice for the citizens of the Lowland only.
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| §4 Misdemeanors and violations of monastic discipline will be adjudicated by their own hegumens in accord with monastic law.
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| §5 A monk accused of a felony will be tried as a citizen in the presence of the Krites.
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|
| |
| Article 87 [Jury]
| |
| The jury is established for all criminal matters, in addition to issues of political and media wrongdoings.
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|
| |
| Article 88 [Rules of Jurisdiction and Procedure]
| |
| §1 The rules of jurisdiction and procedure applying to the Administration of Justice are reserved to the Law.
| |
| §2 In all cases, judgments shall be justified, founded in the legal system and publicly declared.
| |
| §3 Criminal trials are public, notwithstanding the limitations provided for by the Law. Its procedure is preferentially oral. The judgment which ends the first instance shall be rendered by a judicial organ different from the one in charge of the proceedings, and this judgment may always be subject to appeal.
| |
| §4 The jurisdictional defence of the general interest may be carried out by means of popular action in the cases regulated by the Laws of procedure.
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|
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| Article 89 [The Courts]
| |
| §1 The judicial power is held by the Court of Justice and the Supreme Tribunal, as well as by the respective Krites of those courts, in accordance with the Laws.
| |
| §2 Ordinary administration of Justice shall be carried out in the first instance by the Court of Justice, and in second instance by the Supreme Tribunal.
| |
| §3 The organization of the Court of Justice, its procedures, the duty of Krites to recuse themselves, and its fees shall be laid down by Law.
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|
| |
| Article 90 [Non-judicial Officials]
| |
| The handling of particular, precisely specified kinds of business pertaining to the Administration of Justice in the first instance may be assigned by means of a law to specially trained non-judicial officials of the Court of Justice who are bound by instructions.
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|
| |
| Article 91 []
| |
| The fiscal authorities and the officials of the Lowland shall be subject to appear before the ordinary Courts as plaintiffs and defendants.
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|
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| Article 92 [Civil Disputes]
| |
| §1 The procedure in civil disputes shall be regulated in accordance with the principles of oral proceedings, direct hearings, and free evaluation of the evidence. In criminal matters, the principle of ex officio prosecution shall also apply.
| |
| §2 In civil matters, the ordinary Administration of Justice in the first instance shall be carried out by one or more individual Krites.
| |
| §3 The Supreme Tribunal shall be a collegial Court.
| |
| §4 In criminal matters, Justice shall be administered in the first instance by the Court of Justice or by the Juvenile Court.
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| §5 If a Krites is unavailable, the Krites shall be substituted in the case at hand by an alternate Krites. The substitution shall be undertaken by the principle of rotation from case to case.
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|
| |
| Article 93[Chief Justiciar]
| |
| The Krites of the Court of Justice shall elect one of their number to be Chief Krites and one to be Deputy Chief Krites. This Chief Justiciar shall exercise disciplinary powers in the first instance over the non-judicial officials of the Court. Re-election shall be permissible.
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|
| |
| Article 94 [Res judicata]
| |
| Judgments, once final, have the value of res judicata and may not be modified or quashed except in the cases provided for by the Law or when, in exceptional cases, the Supreme Tribunal, after the corresponding process of Constitutional appeal, decides that they were rendered in violation of certain fundamental rights.
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|
| |
| Article 95 [The Supreme Tribunal]
| |
| §1 The Supreme Tribunal, as the organ of representation, direction and administration of the organization of Justice, watches over the independence and proper functioning of Justice. All its members shall be citizens of the Serene Monastic Republic of the Holy Mountain.
| |
| §2 The Supreme Tribunal shall have overall supervision of the Administration of Justice and shall exercise disciplinary powers over the judicial officials of the Court of Justice. It shall also serve as the second instance in disciplinary matters against the non-judicial officials of the Court of Justice.
| |
| §3 The Supreme Tribunal consists of five members appointed from among the People over thirty-five years of age, conversant with the Administration of Justice. They shall be appointed by the Archimandrite in consultation with, but not with the approval of, the Holy Assembly. These deliberations shall be confidential. The Supreme Tribunal is presided over by that Krites so appointed by the Archimandrite.
| |
| §4 The Supreme Tribunal appoints Magistrates, exercises disciplinary authority over them and promotes the conditions for the Administration of Justice to carry out its duties with the means available. In order to fulfill this aim it may render its opinion in relation to the drafting of bills affecting the Judiciary or to report on the situation of the latter.
| |
| §5 Appropriate laws concerning the Judiciary shall regulate the functions and jurisdiction of this Supreme Tribunal.
| |
|
| |
| Article 96 [Terms of Krites]
| |
| All Justiciars, whatever their rank, shall be appointed for a renewable five-year term, from academically qualified lawyers with the technical capacity for the performance of the judicial office.
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|
| |
| Article 97 [Privileges of Krites]
| |
| §1 The office of Krites is not compatible with any other public post or with the exercise of commercial, industrial or professional activities. Remuneration of Krites is the responsibility of the General Budget of the Monastic Republic.
| |
| §2 While Krites hold office they may not be reproved, displaced, suspended, or removed from their post, unless pursuant to a sanction imposed on grounds of disciplinary or criminal liability, by means of a procedure regulated by the Law and with the rights of hearing and defense fully guaranteed. The same Law shall also regulate the cases of civil liability of Krites.
| |
|
| |
| Article 98 [Cost of Miscarriage of Justice]
| |
| In accordance with the Laws and notwithstanding the personal liability of those who caused them, the Monastic Republic shall cover the damages for the problems caused by the miscarriage of Justice or the abnormal functioning of the Administration of Justice.
| |
|
| |
| TITLE VIII THE CONSTITUTIONAL COURT
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|
| |
| Article 99 [Jurisdiction of the Constitutional Court]
| |
| §1 The Supreme Tribunal shall also act as the Constitutional Court. This Constitutional Court shall protect the rights guaranteed by the Constitution and decide in conflicts of jurisdiction between the Courts and the administrative authorities.
| |
| §2 The Constitutional Court shall also have jurisdiction to review the constitutionality of laws and international treaties and the legality of executive ordinances; in such matters, it may declare their annulment.
| |
| §3 The Constitutional Court is the supreme interpreter of the Constitution and functions jurisdictionally. Its decisions bind public authorities and individuals alike.
| |
| §4 The Constitutional Court decides on its own rules of procedure and carries out its functions subject only to the Constitution and the corresponding Law regulating it.
| |
|
| |
| Article 100 [Voting of the Constitutional Court]
| |
| §1 The Constitutional Court makes its decisions by a majority vote. Its votes and its debates are secret. The Chief Krites has the deciding vote in case of a tie.
| |
| §2 The judgments which partially or wholly uphold the appeal have to determine the scope and extension of its consequences.
| |
|
| |
| Article 101 [Cases before the Constitutional Court]
| |
| The Constitutional Court tries:
| |
| a) Appeals of unconstitutionality against laws and executive regulations.
| |
| b) Requests of preliminary opinion of unconstitutionality about international laws and treaties.
| |
| c) Processes of constitutional appeal.
| |
| d) Conflicts of jurisdiction between constitutional organs. To this effect the Archimandrite, the Holy Assembly, and the Courts are considered as constitutional organs.
| |
|
| |
| Article 102 [Appeals]
| |
| §1 Appeals of unconstitutionality against laws or statutory rules may be lodged by two citizens. The appeal shall be lodged within thirty days following the publication of the rule.
| |
| §2 The lodging of the appeal does not suspend the enforcement of the rule under appeal. The Court shall pass judgment within a maximum period of two months.
| |
|
| |
| Article 103 [Request for a Decision]
| |
| §1 If, in the course of litigation, a Court has reasoned and founded doubts about the constitutionality of a law or a legislative decree, the application of which is relevant to its decision, it shall request in writing the decision of the Constitutional Court about the validity of the rule affected.
| |
| §2 The Constitutional Court may not admit the transaction of the request without further appeal. If the request is admitted, judgment shall be passed within a maximum period of two months.
| |
|
| |
| Article 104 [Constitutionality of Treaties]
| |
| §1 The Archimandrite or any Hegumen may request an opinion about the constitutionality of international treaties prior to their ratification. The proceedings with that intent shall take priority.
| |
| §2 The judgment admitting the unconstitutionality of the treaty shall prevent its ratification. In all cases the conclusion of an international treaty including stipulations contrary to the Constitution shall require the previous revision of the latter.
| |
|
| |
| Article 105 [Lodging of Appeals]
| |
| A constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by:
| |
| a) Those having been part of or accessory to the previous legal proceedings referred to in article 4, §12 of this Constitution.
| |
| b) Those having a legal interest related to non-enforceable provisions or acts of the Holy Assembly.
| |
| Article 106 [Conflicts of Interest]
| |
| §1 Conflicts between the constitutional organs arise when one of them alleges that another is illegitimately carrying out the tasks which are constitutionally under the jurisdiction of the first.
| |
| §2 The Constitutional Court may provisorily stay the enforcement of the rules or acts under appeal, and when appropriate, give orders for the acts which originated the conflict to be stopped.
| |
| §3 The judgment shall determine and confer jurisdiction to one of the disputing parties.
| |
| §4 The lodging of a conflict of jurisdiction prevents the matter from coming before the Administration of Justice.
| |
| §5 The Law shall regulate the cases in which a conflict of jurisdiction may arise on grounds of the non-exercise by constitutional organs of the jurisdiction to which they are entitled.
| |
|
| |
| Article 107 [Legal Status of Constitutional Court Members]
| |
| A law shall regulate the legal status of the members of the Constitutional Court, the constitutional proceedings and the functioning of the institution.
| |
|
| |
| TITLE IX CONSTITUTIONAL REVISION
| |
|
| |
| Article 108 [Suspension]
| |
| The Constitution may not in any way or at any time be suspended.
| |
|
| |
| Article 109 [Revision]
| |
| §1 The right to initiate the revision, total or partial, of the Constitution shall lie with the Archimandrite or one-third of the Holy Assembly.
| |
| §2 The revision of the Constitution shall require the approval of the Holy Assembly by a majority of fifteen members of the House. Immediately after its approval the proposal shall be submitted to ratification in a referendum.
| |
| §3 Once the procedure established in article §2 has been carried out, the Archimandrite shall sign the new constitutional text for its promulgation and coming into force.
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