Constitution of the Hellenic Republic (1975, as amended 2008) (excerpts related to elections) (English)
Constitution of the Hellenic Republic
(excerpts)
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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
President of the Republic may be elected a
person who is a Greek citizen for at least five
years, is of Greek descent from the father’s or
mother’s line, has attained the age of forty and
has the capacity to vote.
Article 32
* 1. The President of the Republic shall be
elected by the Parliament through vote by roll
call in a special sitting 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 incapacity 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, demise, or removal
from office in accordance with the provisions
of the Constitution, the sitting of Parliament in
order to elect a new President is called within
ten days at the latest from the premature ter
mination 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 on 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
People».
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 paragraph 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.
[...]
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 Country. Matters
pertaining to the exercise of the right to vote
by persons living outside the Country may be
specified by statute, adopted by a majority of
two thirds of the total number of Members of
Parliament. Concerning such persons, the principle
of simultaneously holding elections does
not impede the exercise of their right to vote
by postal vote or by other appropriate means,
provided that the counting of votes and the
announcement of the results is carried out when
this is also carried out across the Country.
** 5. The exercise of the right to vote is
compulsory.
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 onefifth
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 constituencies
are specified by statute which shall be applicable
as of the elections after the immediately
following ones, unless an explicit provision,
adopted by a majority of two thirds of the total
number of Members of Parliament, provides
for its immediate application as of the immediately
following elections.
** 2. The number of Members of Parliament
elected in each constituency is specified
by presidential decree on the basis of the legal
population thereof, deriving, according to the
latest census, from the persons registered in
the relevant municipal rolls, as specified by law.
The results of the census are considered to
have been published on the basis of the data of
the competent service, after one year has elapsed
from the last day on which the census was conducted.
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.
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