Upcoming amendment of the Greek Constitution

At the outset of 2006, prime minister Kostas Karamanlis announced ND's initiative for a new amendment of the Constitution of 1975/1986/2001 and clarified his propositions speaking to the deputies of his party the 11th of May 2006.

Propositions of the parties

Some of the main points of Karamanlis' propositions are:
* The modification of the constitutional provision, which does not allow the foundation and operation of "non-state owned" universities.
* The foundation of a Supreme Constitutional Court, which will replace the Supreme Special Court.
* The clarification of the meaning of the constitutional provisions, concerning the environment.
* The adaption of the constitutional provisions concerning the mass media (Article 14) to the rules of the european law.
* The limitation of the cases of immunity of the Greek deputies.Speech of Kostas Karamanlis of the 11th May 2006 as exposed by the Greek Channel Alpha: [http://www.alphatv.gr/index.asp?a_id=88&news_id=14660 Agreements and Disagreements on the Constitutional Amendment] ]

For his part, the leader of PASOK, George Andreas Papandreou, proposed:
* The protection of the human rights of foreigners.
* The support of public universities and the operation of "non-state owned" universities under stringent terms.
* The strengthening of direct democracy through the promotion of the institution of referendum.
* The direct election of the President, if a parliamentary majority is not achieved.
* The introduction of a new legislative procedure initiated by the people.
* The rewriting of the preamble.Speech of George Papandreou of the [http://www.anatheorisi.gr/?p=59 8th May 2006] ]

Debated issues

Amendment and civil society

For their part, representatives of the constitutional theory, such as G. Papadimitriou, point out that without the participation of the civil society the proposed amendment cannot be viable and effective.G. Papadimitriou, [http://www.anatheorisi.gr/?p=65 Constitutional amendment and civil society] ] Such a participation is going to strengthen the vigor of the political institutions through:
* the boosting of the participatory democracy,
* the protection of human rights and
* the renewal of the political system.

Private universities

In 2001 New Democracy proposed an amendment of the constitution, in order to allow private universities to operate in Greece on a non-profit basis. This proposal was rejected by then-ruling PASOK, and thus could not muster the support necessary to be put to vote on the constitutional amendment of 2001. However, PASOK has since changed its stance, and now also supports a constitutional provision for the creation of private Universities on a non-profit basis. On behalf of PASOK, A. Loverdos underscored his agreement with the operation of private universities, but he insisted that they do not trust the government and that their priority are public universities. [A. Loverdos,"Interview in radio station FLASH" of 3 May 2006]

This proposal continues however to encounter the fierce opposition of the Left parties, as well as a sizeable part of the academic community, both professors and students.

Former president Christos Sartzetakis agrees with the proposed modification of the constitutional provision, which does not allow the operation of "non-state owned" universities. He underscores however that the legislative framework must not allow the foundation of private theological schools.Ch. Sartzetakis,"Thoughts about the Constitutional Amendment-Part 2" in TO PARON of 6 August 2006]

Religion

During the 2001 constitutional amendment, complete separation of church and state was proposed, but the two major parties, ND and PASOK, decided not to open this controversial matter. Some still claim, however, that Greece had and continues to have a serious problem of religious freedom. [http://www.highbeam.com/library/doc0.asp?docid=1P1:2238149&dtype=0~0&dinst=&author=Jean%20Cohen&title=GREEK%20PARLIAMENT%20REJECTS%20PLAN%20TO%20END%20RELIGION%20LISTING%20ON%20I.D.&date=04/09/1993&refid=ency_botnm Jewish Telegraphic Agency: GREEK PARLIAMENT REJECTS PLAN TO END RELIGION LISTING ON I.D.. 04-09-1993] ] [http://www.highbeam.com/library/doc0.asp?docid=1P1:42775936&dtype=0~0&dinst=&author=PATRICK%20QUINN%2C%20AP&title=Greek%20archbishop%20blames%20Jews%20in%20ID%20dispute&date=03/16/2001&refid=ency_botnm Jewish Telegraphic Agency Greek archbishop blames Jews in ID dispute 03-16-2001] ] In any case, none of the two main parties has expressed any intention to amend the Article 3 of the Constitution. K. Karamanlis insisted that his party has not modified its position expressed in 2001.

Former prime minister Konstantinos Mitsotakis predicated that the separation of church and state is not necessary. He also argued that the problem with the criminal laws concerning the proselytism can be resolved without any amendment of the Article 13.K. Mitsotakis, "Interview to the TV station NET" of 21 May 2006]

Ch. Sartzetakis asserts that Article 3 of the Constitution should be amended,Ch. Sartzetakis,"Thoughts about the Constitutional Amendment-Part 1" in TO PARON of 30 July 2006] so that all the ecclesiastical provinces of Greece are under the authority of the Church of Greece. [Nowadays many ecclesiastical provinces of Greece belong directly or indirectly to the Ecumenical Patriarchate of Constantinople. See the Patriarchical Volume of 1850 and the Synodical Act of 1928.] According to Sartzetakis, this is the only way to achieve ecclesiastical unity. [Ch. Sartzetakis,"Ecclesiastical Conflicts and National Problems" in ELEFTHEROS TYPOS of 19 October 2003]

Election of the President

G. Papandreou proposed the direct election of the President by the people, when the necessary majority in the Hellenic Parliament is not achieved. He predicated that with his proposal a political deadlock is avoided. K. Karamanlis rejected his proposal and asserted that the present constitutional provisions need no modification, although in 2001 he had also supported the direct election of the President. [E. Venizelos, "The Amendment of 2001", 54 etc.]

K. Mitsotakis stayed firm in his traditional position for the election of the President by the people. Thereby, he disagreed with ND's current official stance as expressed by its leader. Supporters of Mitsotakis' and Papandreou's proposal, such as G. Pretenderis, argue that when, the people directly elect the mayor or the prefect, they should also elect in the same way the Head of State, whose the constitutional role is much more important. [G. Pretenderis, "Elected or Appointed President?", TO VIMA of [http://tovima.dolnet.gr/print_article.php?e=B&f=14761&m=A71&aa=2 14 May 2006] ] On the other hand, Ch. Sartzetakis argued that the direct election of the President is not allowed by the Article 110 of the Constitution.

Justice

The heads of the supreme courts are appointed by the Cabinet of Greece for a 4-year term. Ch. Sartzetakis disagrees with these procedure and asserts that the heads of the supreme courts should be chosen by lot among the vice-presidents of each supreme court. He is also against the 4-year term.

Sartzetakis disagrees with Karamanlis' proposal for the creation of a Constitutional Court. The foundation of this court was dynamically supported by Georgios Souflias.

External links

* [http://www.anatheorisi.gr/ PASOK's official site about the Constitutional amendment]
* [http://www.sartzetakis.gr/thesis/thema5.html Propositions of former president Christos Sartzetakis]
* [http://anatheorisi.org/ Forums concerning the upcoming amendment]

Notes