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In accordance with article 30 par. 1 of the Constitution, the
President of the Republic regulates the functions of the institutions
of the Republic. However, his real powers are limited in comparison
with those of the Prime Minister and the Ministers.
The powers of the President of the Republic may be characterized as
symbolic, regulatory, legislative, administrative and judicial, they
are specific, restricted to those set out in the Constitution and
are governed:
- by the interpretative rule of article
50 according to which, the President of the Republic shall
have only those powers which are explicitly conferred upon him
by the Constitution and by such laws as are in accordance with
it
- by the clause of article
35 par. 1 according to which, no act of the President of
the Republic is valid or may be executed unless it has been countersigned
by the competent Minister, apart from the exceptions which
are set out in detail in par.
2 of the same article.
Specifically the President of the Republic:
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(article
36 par. 1)
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shall represent
the State internationally, declare war, conclude treaties
of peace, alliance, economic cooperation and participation
in international organizations or unions and he shall
announce them to Parliament, whenever the interest and
security of the State so permit. This power is merely
symbolic and is in fact exercised by the government
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(article
37 par. 1)
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shall appoint
the Prime Minister, the Ministers and the Deputy Ministers
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(article
38 par. 1)
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shall relieve
the government of its duties if the latter resigns or
loses the confidence of Parliament
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(article
37 par. 2, 3 and 4)
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shall give an
exploratory mandate in order to find out if the formation
of a government enjoying the confidence of Parliament
is possible
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(article
40 par. 1)
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shall convoke
Parliament in ordinary session once a year and in extraordinary
session whenever he judges it appropriate
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(article
40 par. 1)
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shall announce
the commencement and termination of each parliamentary
term in person or through the Prime Minister
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(article
40 par. 2, 3)
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shall suspend
a parliamentary session, this being a power which the
President can exercise at his discretion only once every
parliamentary session
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(article
32 par. 4, article
37 par. 3, article
41)
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shall dissolve
Parliament and call for elections in the following cases
laid down by the Constitution:
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(article
37 par. 3)
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- if the exploratory mandates fail and the impossibility
of forming a government enjoying the confidence of
Parliament is confirmed
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(article
41 par. 1)
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- if two governments have been defeated in Parliament
and its composition cannot ensure stability of government
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(article
41 par. 2)
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- in order to deal with a matter of exceptional national
importance, following a proposal by a government which
has received a vote of confidence in Parliament
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(article
44 par. 2)
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shall call for
a referendum on matters of crucial national importance
following a resolution passed by an absolute majority
of the total number of Members of Parliament upon proposal
of the Cabinet
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(article
44 par. 2)
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shall proclaim
by decree a referendum on a Bill passed by Parliament
regarding a serious social issue. This shall be countersigned
by the Speaker, provided the referendum has been proposed
by 120 MPs and been passed by 180 MPs
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(article
44 par. 3)
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shall, in exceptional
circumstances, issue an address to the People, with the
consent of the Prime Minister. Such addresses shall be
countersigned by the Prime Minister and published in the
Government Gazette
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(article
42 par. 1)
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shall promulgate
the laws passed by Parliament within one month of the
vote. With the signing of the law the President attests
both to the legitimacy of the law as well as to the observance
of the procedures laid down
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(article
42 par. 1)
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shall publish
the laws passed by Parliament. Such publication is the
act of the President of the Republic by which he orders
the publication of the law in the Government Gazette
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(article
42 par. 1 and 2)
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has the right
of veto on a Bill passed by Parliament. This right of
veto may be exercised within one month of the passing
of the Bill and must be accompanied by a statement of
the reasons for the President's disagreement with the
Bill
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(article
43)
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shall issue regulatory
decrees. The Constitution foresees the issue of these
decrees by the President of the Republic in the following
cases:
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(article
43 par. 1)
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- the President shall issue decrees which lay down
detailed rules required for the execution of laws.
The Constitution charges the President of the Republic
with the execution of laws, in collaboration with
the competent Minister who proposes and countersigns
them. The authorization of the common legislator is
not necessary in order to exercise this power
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(article
43 par. 2)
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- the President shall issue regulatory decrees with
specific authorization by law and following the proposal
of the competent Minister
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(article
43 par. 4)
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- the President shall issue regulatory decrees for
the regulation of matters specified in framework laws,
at all times in collaboration with the competent Minister
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(article
44)
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shall issue acts
with a legislative content. Such acts constitute statutory
regulation and are issued following the proposal of the
Cabinet:
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(article
44 par. 1)
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- in extraordinary circumstances of urgent and unforeseeable
need
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(article
48 par. 5)
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- in case of war, mobilization due to external dangers
or direct threat to national security, the measures
in article 48 are put into effect in order to deal
with emergencies or to restore the functioning of
the constitutional institutions as quickly as possible
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(article
48 par. 2)
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shall proclaim
the country to be in a state of siege, in the event of
war, mobilization or direct threat to national security,
if Parliament is absent or it is deemed impossible for
it to convene in time, following the proposal of the Cabinet
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(article
35 par. 2e)
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shall appoint
the staff of the Presidency of the Republic
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(article
46 par. 2)
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shall confer the
prescribed decorations on nationals and foreigners in
accordance with the provisions of the relevant laws
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(article
45)
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is the symbolic
head of the Armed Forces and confers ranks on those serving
within, as specified by law
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(article
36 par. 1)
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as the representative
of the State internationally, he supplies Letters of Credentials
to members of Greek diplomatic delegations to foreign
countries and receives the credentials from members of
foreign diplomatic delegations
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(article
47 par. 1)
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shall intervene
in the judicial procedure by granting pardons. The President
may grant pardons, commute or reduce sentences imposed
by the courts and also remove all consequences before
the law of sentences imposed and served. This power is
exercised following the proposal of the Minister of Justice
and after consulting with a Council composed mainly of
judges (who are not necessarily in agreement but whose
opinion must be obtained)
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(article
47 par. 2)
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| shall grant a
pardon to a Minister convicted in accordance with article
86 of the Constitution. This right may be exercised only
with the consent of Parliament |
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