A comprehensive package of institutional reforms, affecting almost every aspect of the functioning of the state, the Judiciary, public administration, and individual rights, is being presented by New Democracy in the context of the upcoming Constitutional Revision.
The governing party, following a three-month internal party consultation that succeeded Prime Minister Kyriakos Mitsotakis’ letter to the Parliamentary Group on 2 February, is concluding a set of approximately 30 articles to be revised, with the aim—according to the text—of a “functional democracy of today and tomorrow.”
At the heart of the proposals are the establishment of non-state universities, the revision of civil service permanence, changes in the selection of the leadership of the Judiciary, as well as in the law on ministerial liability. At the same time, constitutional entrenchment of rules regarding artificial intelligence, the climate crisis, and fiscal stability is also proposed.
Article 16: Non-state universities and 11-year compulsory education
The most emblematic intervention concerns Article 16, with ND proposing the possibility of providing higher education also by non-state, non-profit universities, fully self-governed and under the supervision of an independent authority.
The proposal also provides for an increase in compulsory education from nine to eleven years, as well as constitutional protection of the Greek language and the Greek flag as symbols of the nation and culture.
Changes to permanence and evaluation in the public sector
Particular political weight is given to the proposal for Article 103, with which the concept of permanence of public servants is redefined.
ND proposes an evaluation system that will be linked to rewards but also penalties, including the possibility of permanent dismissal, following a decision by a service council. Evaluation will be conducted not only by supervisors but also reciprocally—by subordinates and citizens.
According to the proposal, the system may also involve ASEP, while evaluation will be based on the principles of impartiality, professional competence, and efficiency.
New framework for ministerial criminal liability
Significant changes are also proposed to Article 86 on ministerial responsibility, aiming—according to the government—to strengthen accountability. The proposal provides for the abolition of Parliament’s obligation to conduct a preliminary examination, transferring competence to senior judicial officials. Prosecution will still be decided by Parliament, but with enhanced safeguards and a roll-call vote.
Selection of senior judges without government intervention
In the field of Justice, ND proposes a change in the method of selecting senior judges. Promotions to top judicial positions will be made by a special parliamentary committee, among the most senior judges and based on a list proposed by the plenary sessions of the Supreme Courts themselves, limiting direct governmental involvement.
At the same time, it is proposed to strengthen the Special Supreme Court, which will gain the ability to conduct preventive review of the constitutionality of bills before they become laws.
Constitutional provision for artificial intelligence and the climate crisis
For the first time, proposals are introduced that directly concern modern technological and environmental challenges.
ND proposes a special constitutional provision so that artificial intelligence serves individual freedom and social prosperity, with the aim of mitigating risks and leveraging its benefits.
Article 24 introduces references to climate change, protection of water resources, strengthening of renewable energy sources, and even the protection of animals.
Postal voting and changes in elections
In the electoral field, the possibility of postal voting is proposed also for voters within Greece, while the electoral system must—according to the new wording—ensure both “reasonable proportionality” and “governability.” At the same time, the dissolution of Parliament due to an “issue of national importance of exceptional significance” is abolished and replaced by a self-dissolution procedure through a parliamentary decision.
A six-year term for the President of the Republic
ND also proposes a change in the term of office of the President of the Republic, establishing a single six-year term instead of the possibility of re-election.
Constitutional entrenchment of fiscal balance
In the economic field, the proposal provides that the state budget must ensure fiscal balance and sustainable fiscal operation, while retroactive taxation is prohibited.
At the same time, the possibility of providing incentives for a stable tax regime for strategic investments is introduced.
The political stake of consensus
The government proposal now officially opens the way for one of the most extensive constitutional debates of recent decades. However, since the process requires increased parliamentary majorities and successive votes, the major political question remains whether the necessary field of consensus can be formed—especially on issues that already generate strong reactions, such as non-state universities and public sector permanence.
Detailed proposals of ND for Constitutional Revision
1. Article 5 or Article 5A or new Article 5B
- Artificial intelligence must serve individual freedom and social welfare so that risks are mitigated and advantages are utilized.
2. Articles 14, 15
- Cleansing and rationalization of press, television, radio, and the internet.
- Protection of journalists also against their employers.
3. Article 16
- State care for the protection, cultivation, and dissemination of the Greek language.
- Protection of the Greek flag as a symbol of the Greek nation and culture.
- Compulsory education years cannot be fewer than 11 (instead of 9 today).
- Possibility of providing higher education by legal entities of university education that may have public or non-state/non-profit character with full self-governance, under the supervision of an independent authority and under the condition of ensuring a high level of studies provided.
4. Article 17
- More concise wording.
- Protection not only of property but of assets (shares, bonds, intellectual and industrial property, trademarks).
- Compensation for restriction of use without expropriation.
- Possibility of transferring development coefficients (dynamic urban planning).
- Utilization of abandoned buildings for social purposes.
5. Article 21
- State provision for affordable housing.
- Consideration of intergenerational justice and solidarity.
6. Article 24
- Measures to address climate change, effective management of water resources, strengthening of renewable energy sources, safeguarding of environmental balance in every state intervention, and protection of animals.
7. Article 29
- Parties must be organized and operate democratically.
- Law defines conditions for establishment and operation of political parties.
- The Special Supreme Court of Article 100 checks compliance for participation in elections.
8. Article 30
- A single six-year term for the President of the Republic (with transitional provision for the incumbent President).
9. Article 41 paras. 2, 5
- Abolition of dissolution of Parliament for an issue of exceptional national importance. Dissolution through proposal of the Government and decision of Parliament for renewal of the popular mandate (self-dissolution).
10. Article 44 para. 2
- Rules for proper conduct of referendums: the question must be formulated in a clear and understandable way. At least twenty days must pass between proclamation and conduct.
11. Article 51 para. 4
- Possibility of exercising voting rights by postal vote also for voters within the territory.
12. Article 54 paras. 1, 3
- The electoral system must ensure reasonable proportionality and governability.
- Law may provide for division of territory into minor and major constituencies.
13. Article 55 para. 1
- Right to be elected at 21.
- Suspension of military service obligation for the duration of parliamentary status.
14. Articles 56, 57
- Abolition of detailed list of incompatibilities and disqualifications. Establishment of general principles and authorization of law for implementation from the next elections or immediately with a 2/3 majority.
15. Article 60
- Strengthening of the institutional role of the MP in exercising legislative and oversight functions and communication with their constituency, according to the Constitution and Parliamentary Rules.
16. Article 73 para. 1
- Constitutional entrenchment of principles of good legislation: adequate pre-legislative consultation, evaluation of law implementation, and codification measures.
17. Article 78 paras. 2, 6
- No tax or financial burden may be imposed retroactively.
- Incentives may be provided for stable tax regimes for strategic private investments.
18. Article 79
- The budget must ensure fiscal balance between revenues and expenditures and sustainable fiscal operation.
- Submission and publication of annual accounts by entities financed directly or indirectly by the state budget.
19. Article 81 para. 2
- Possibility of legal provision for functional incompatibility between MP/minister and temporary replacement.
- Possibility of appointing Deputy Prime Ministers and non-ministerial members.
20. Article 82
- Rules of good governmental functioning.
21. Article 86
- Removal of “immediately” and of Parliament’s competence for preliminary examination.
- Preliminary examination by a Court of Appeal Prosecutor and proposal for prosecution by the Prosecutor of the Supreme Court. Alternatively, pre-evaluation of ministerial criminal responsibility by a mixed judicial-political body.
- Initiation of prosecution by Parliament decision with absolute majority and roll-call vote.
22. Article 89
- By law, assignment of special administrative duties to judicial officers by decision of Parliament.
- Prohibition of participation in Government or appointment to political positions or independent authorities for at least three years after retirement.
23. Article 90 para. 5
- Promotions of senior judges by a special parliamentary committee among the most senior judges, without government intervention, from a list of three judges per position proposed by the plenums.
24. Article 100
- Composition of the Special Supreme Court with a three-year term: nine judges (3 Presidents of Supreme Courts, 2 judges elected by the Councils of State and Supreme Court, 2 university law professors selected by other members).
- Preventive review of constitutionality and compatibility with EU law for bills after request by the President of the Republic, Prime Minister, or Parliament.
- Decisions of unconstitutionality block enactment; decisions of constitutionality bind courts after enactment.
25. Article 101 paras. 3, 5
- Decentralization system: abolition of presumption of competence in favor of decentralized administrations; application through decentralized state structures and/or decentralized ministerial services.
- State support for the primary sector and regional development ensuring equal access to public goods.
- Principles of good administration, transparency, accountability, meritocracy; constitutional establishment of the National Transparency Authority.
26. Article 101A
- Selection of heads and members of independent authorities by parliamentary committee from a list of three candidates proposed by an Expert Council following public call. Members include ex officio the Governor of the National Transparency Authority, President of ASEP, Governor of the Bank of Greece, President of the Conference of Rectors, and head of the local government representative body.
27. Article 102
- Law defines levels of local government up to two.
- Local or special taxes or charges may be imposed by decision of local government bodies.
- Local budgets are prepared after public consultation and must ensure fiscal balance.
- Disciplinary penalties for suspension/dismissal of elected officials imposed by the Special Supreme Court.
28. Article 103
- Redefinition of the concept of permanence. Law defines evaluation procedures, criteria, rewards, and penalties including dismissal by service council decision.
- Evaluation based on impartiality, neutrality, professional competence, and efficiency, with possible participation of ASEP.
- Two-way evaluation: subordinates evaluate supervisors, and citizens evaluate all.
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