IPU PARLINE database: GREECE (Vouli Ton Ellinon), Oversight

Parliament name (generic / translated)

Vouli Ton Ellinon / Hellenic Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President of the Republic regulates the function of the institutions, but has no powers other than those explicitly conferred to him by the Constitution. No act of the President is valid nor executed unless it has been countersigned by the competent minister (Article 35 of the Constitution).

Head of the executive

Prime Minister

Notes

The Government defines and directs the general policy of the country (Article 82 of the Constitution). The Prime Minister safeguards the unity of the Government and directs its actions and those of the public services in general for the implementation of government policy within the framework of the laws.

Method for appointing the executive

The President is elected by the parliament through a vote by roll call in a special session (Article 32 of the Constitution). The person receiving a two-thirds majority of the total number of parliamentarians is elected President. The President appoints the Prime Minister and, upon the latter's recommendation, also appoints and dismisses the other members of the cabinet and the undersecretaries (Article 37 of the Constitution). More precisely, the leader of the party having the absolute majority of seats in the parliament is appointed Prime Minister. If no party has the absolute majority, the President gives the leader of the party with a relative majority an exploratory mandate in order to ascertain the possibility of forming a Government enjoying the confidence of the parliament.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the President is five years, with a re-election permitted only once. It does not coincide with the term of the legislature of four years.

Incompatibility of the functions of member of the executive and member of Parliament

No

The members of the Government are usually parliamentarians.

Dissolution of Parliament

Yes

Circumstances

The parliament is always dissolved when it cannot elect a President (Article 32.4 of the Constitution). The President may dissolve the parliament if two governments have resigned or were defeated in the parliament and its composition cannot achieve the stability of the Government (Article 41.1 of the Constitution). The President must dissolve the parliament at the suggestion of the Government that has been given a vote of confidence, with a view to renewing its mandate in order to deal with a problem of extraordinary importance for the nation (Article 41.2 of the Constitution). The dissolution of the new parliament for the same reason, before the expiration of one year from the commencement of its work, is prohibited.

Modalities

In the first case, the dissolution of the parliament is signed by a presidential decree. In the second case, the presidential decree may be, and in the third case must be, countersigned by the Prime Minister. The parliament has been dissolved three times before the end of its mandate in the past ten years (1993, 1996, and 2000). In all three cases, the early dissolution was decided by a suggestion of the Government, with a view to renewing its mandate in order to deal with a problem of extraordinary importance for the nation.

Accountability of Government to Parliament

Yes

The members of the cabinet and the deputy ministers are jointly responsible for the general policies of the Government, and each one of them for the acts carried out by commission or omission within his/her competence. No written or oral instruction by the President absolves the ministers and deputy ministers from their responsibility.

Modalities of oversight

Oral and written questions of parliamentarians

Deputies have the right to put to competent ministers written questions relating to any public affair. As regards questions of direct topicality, every deputy has the right to submit such questions to the Prime Minister or to the competent ministers who reply orally and in person to the chamber. In every instance, the Prime Minister, at least once a week and at least to two questions of his/her choosing, replies in person except if the subject of the question falls within the exclusive competence of a minister who, in that case, replies in person. In addition, every deputy has the right, during the session and each week until his/her demand is satisfied, to bring before the conference of the presidents for discussion at the plenary assembly at least one issue of importance or general interest. The deputy having submitted a question or a request for a document to be filed has the right to submit an interpellation if he/she judges that the minister's response is not sufficient or that all or part of the documents requested were not submitted to him/her on time.

Government reports to Parliament

Government accountability to the parliament is brought into play by annual reports and votes thereon.

Measures

Vote of confidence on Government programs and/or legislative proposals

The Government must ask for a vote of confidence from the parliament within fifteen days from the swearing in of the Prime Minister and may do so at any other time (Article 84.1 of the Constitution). No motion of confidence may be upheld unless it is approved by the absolute majority of deputies present, which may not be less than two-fifths of the total number thereof.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The parliament may withdraw its confidence from the Government or from a member of the Government. A motion of no confidence in the Government may not be submitted before the lapse of six months from the rejection by the parliament of such a motion (Article 84.2 of the Constitution).

Modalites

The motion of no confidence must be signed by at least one sixth of the deputies and must contain in detail the topic to be discussed. By exception, a motion of no confidence may be submitted before the lapse of six months if it is signed by all deputies. The debate on the motion of no confidence commences two days after the submission of the motion, and may not be extended beyond three days from the commencement thereof. The vote on the motion of no confidence must be taken immediately after the end of the debate. It may, however, be postponed for forty-eight hours should the Government request such a postponement. A motion of no confidence is only upheld if approved by an absolute majority of the total number of deputies.

Consequences

Should a motion of no confidence be adopted, the Prime Minister resigns along with his/her cabinet. The President has the discretionary power to dissolve the parliament and proclaim elections. However, in case a motion adopted concerns an individual member of the Government, then only this minister or vice-minister resigns. Over the last years, two motions of censure against the Government (1993 and 1996), and two motions against individual ministers (1999 and 2001) have been tabled in the parliament, but all were rejected.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President is not held in any way responsible for the acts carried out in the discharge of his/her duties, save in the case of high treason or wilful violation of the Constitution (Article 49 of the Constitution). The parliament has the right to prefer charges on serving or former cabinet members and undersecretaries before an ad hoc court. This court is presided by the President of the Supreme Civil and Criminal Court and is composed of twelve judges chosen by lot by the speaker of the parliament in public sitting from among the members of the Supreme Civil and Criminal Court and the presidents of civil and criminal courts of appeal who held office prior to the accusation (Article 86 of the Constitution).

Modalites and procedure

Impeachment motions against the President must be submitted to the parliament in writing signed by at least one third of the members thereof, and must be accepted by a decision taken by a two-thirds majority of the total number of the members thereof. If such motion is accepted, the President must appear before the ad hoc court. Prosecution, judicial inquiry or preliminary judicial inquiry of the other persons specified, for actions or omissions committed during the discharge of their duties, are not permitted without a prior parliament resolution. If evidence arises during the course of an administrative inquiry, which may establish responsibility of a member of the cabinet or an undersecretary, those in charge of the inquiry must, after its termination, forward the evidence to the parliament through the competent public prosecutor. Only the parliament is entitled to suspend criminal prosecution. Should the procedure on a motion against a minister or undersecretary be discontinued for any reason whatsoever, the parliament may, at the request of the accused person, decide the establishment of a special committee of parliamentarians and senior judicial functionaries to investigate the charges.

Consequences

Following his/her impeachment, the President refrains from exercising his/her duties and is replaced in accordance with the constitutional provisions. He/she resumes his/her duties, if his/her term of office has not expired, if being acquitted by the special court. In 1994, two impeachment procedures were adopted against ministers, but the criminal procedure was suspended in 1995 following a decision by the parliament. In 1996, 1997 and 2001, three proposals for impeachment concerning ministers were submitted in the parliament, but not adopted.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The parliament exercises control over the administration through the regular means of parliamentary control.

Means and modalities of oversight

Hearings in Committees

At the beginning of each permanent committee's first meeting devoted to the elaboration of legislative texts, a debate may unfold at the initiative of the deputies, on one or two questions of general importance or concerning the competence of the ministry whose parliamentary bill is debated or the within whose competence the bill debated falls. Its deputy rapporteur participates for ten minutes in the discussion of each question, the competent minister for ten minutes, as well as six deputies for three minutes each. A right of reply is accorded to the deputy rapporteur and to the minister for five minutes each.

Committees of inquiry and missions to Government departments

The parliament exercises oversight over the actions of the Government administration through Committees of inquiry.

Oral and written questions of parliamentarians

Deputies have the right to address to the competent ministers written questions relating to any public affair. Written questions must be clear, succinct and aimed at enquiring about a point or checking its veracity or asking what measures the Government envisages taking to resolve a specified question of general or particular interest. Immediately following their submission, questions are transmitted by the chamber offices to the minister concerned. Ministers must reply to questions in writing within 25 days of being submitted; otherwise replies are considered to have exceeded the deadline. If the competent minister does not reply or has replied outside the deadline, the question may be debated in plenary session.

As regards questions of direct topicality, every deputy has the right to submit such questions to the Prime Minister or to the competent ministers who reply orally and in person to the chamber. In every instance, the Prime Minister, at least once a week and at least to two questions of his/her choosing, replies in person except if the subject of the question falls within the exclusive competence of a minister who, in that case, replies in person. In addition, every deputy has the right, during the session and each week until his/her demand is satisfied, to bring before the conference of the presidents for discussion at the plenary assembly at least one issue of importance or general interest.

Role of Parliament in the appointment of senior Government officials

Article 49 of the standing orders of the parliament concerns the appointment of governing bodies of public enterprises, banks and other organizations of public utility. In particular, the parliament sets up a Special Committee that delivers its detailed opinion prior to the appointment of the governing bodies of 29 such institutions by the Government. Moreover, this Committee is entitled to call to a hearing any such governing body one year after their appointment.

Activity reports of the Government administration and of public services or establishments

Legislation provides that several public institutions report directly to the parliament, such as the office of the ombudsman, the National Council for Radio and Television, or the authority for the protection of personal data. Furthermore, the majority of acts on the establishment and functioning of independent public entities or other state institutions provide for the obligation to submit the proceedings in an annual report to the parliament. Some of these reports are discussed in the plenary sessions, while others are discussed in committees.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The ombudsman is appointed by the parliament.

Relationship to Parliament

He or she enjoys personal and functional independence and submits every year a detailed report on his/her activities to the parliament, where it is discussed.

Consultation of Parliament in the preparation of the national budget

No

Not available

Modalities of oversight

Examination of the budget / finance act by Parliament

The state finance bill is discussed and voted by the Assembly at a maximum of five consecutive sittings. The discussion begins with an address by the general rapporteurs, along the lines of political force. Then comes the turn of the special rapporteurs and other orators. The discussion ends at midnight of the final session, followed by a vote. This vote is carried out by roll call that takes place at the same time and with separate rosters and ballot boxes for the income and expenditures of each ministry. Voting on the public investment budget and joint budgets, and on the ordinary departments budget and the special accounts and services budget is carried out exclusively and consecutively by rising or remaining seated.

Reports on the budget / finance act by Committees

The preliminary finance bill is submitted by the competent minister for discussion at the Permanent Financial Affairs Committee on the first Monday of October. The President of this Committee appoints, after consultation with the heads of the parliamentary groups, a general rapporteur from each group, special rapporteurs for the appropriations and a special rapporteur following a proposal from the independents. The rapporteurs submit their reports to the Permanent Committee within eight days of the first sitting. The examination of the budget at the Committee is made within three sittings at the most and the reports are distributed to the parliamentarians three days before the beginning of the discussion in plenary session.

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

Not applicable

Parliament's deadline for the examination and adoption of the budget / finance act

The preliminary finance bill is submitted to the Permanent Financial Affairs Committee on the first Monday of October. The bill is discussed and voted by the Assembly within a maximum of five consecutive sittings.

Consequences of failure by Parliament to adopt the budget / finance act

Should the administration of revenues and expenditures as provided in the budget be inoperative for any reason whatsoever, they are to be administered in accordance with a special statute to be enacted every time. Should it be impossible to vote the budget or to pass the special statute due to the end of the parliamentary term, the force of the budget for the fiscal year just ended or ending is extended by four months by decree issued upon the proposal of the cabinet.

Budgetary autonomy of Parliament

Yes

The parliament has its own budget. Its budget is voted in special plenary session and is incorporated unchanged into the state budget.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The State's annual financial statement and balance sheet accompanied by the Court of Audit's report are submitted to the Parliament at the latest within a year of the end of the financial year. These are submitted to the chamber by the Minister of Finance then handed to the deputies and sent back to the Permanent Committee for examination. The Committee examines the statement in two sittings and draws up a report, which is published and distributed to the deputies. The State's annual financial statement is debated within a year of their submission to the chamber. The debate on the finance report and the balance sheet is carried out in two sittings. The en bloc ratification of the state finance report and the balance sheet is made at one sitting by the ministry and by a special fund exclusively by rising or remaining seated.

Parliamentary oversight of public companies

Yes

The parliament has a Committee on Public Enterprises, Banks and Public Utilities, whose mission is to give its opinion on directives and the conduct of their groups and to indicate to the ministers responsible the means and policies for enhancing public interest.

Modalities of oversight

Body for auditing the Government's books and method for appointing

There is a Court of Audit, an independent court appointed by the parliament. The Court of Audit is responsible for controlling state spending.

Reports of the public auditor's office

The Court draws up and addresses each year to the parliament the regulations bill and the State's annual financial statement. These reports are examined and voted in plenary session.

Specialised committee

Likewise the parliament controls the execution of the budget by means of ordinary parliamentary control.

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy trough the national defence and foreign relations Committee.

Powers of the Committee

Not available

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organizing plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The parliament can take the initiative to send parliamentary delegations to inter-governmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President represents the State internationally, concludes treaties of alliance, economic cooperation and participation in international organizations or unions, and he/she announces them to the parliament with the necessary clarifications, whenever the interest and the security of the State thus allow (Article 36 of the Constitution). Conventions on trade, taxation, economic cooperation and participation in international organizations or unions and all others containing concessions for which no provision can be made without a statute, or which may burden Greeks individually, are not operative without ratification by a statute voted by the parliament.

Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over defence policy trough the National Defence and Foreign Relations Committee.

Powers of the Committee

Not available

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not available

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President represents the State internationally, declares war and concludes treaties of peace and announces them to the parliament with the necessary clarifications, whenever the interest and the security of the State thus allow (Article 36 of the Constitution). A state of emergency is declared by the parliament on the proposition of the Government.

Role of Parliament in sending troops abroad

Not available

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The President declares war and concludes treaties of peace or alliance and announces them to the parliament with the necessary clarifications, whenever the interest and the security of the State thus allow. In case of war or mobilization owing to external dangers or an imminent threat against national security, as well as in case of an armed coup aiming to overthrow the democratic regime, the parliament, issuing a resolution upon a proposal of the cabinet, puts into effect throughout the State, or in parts thereof, the statute on the state of siege and establishes extraordinary courts. The President publishes the resolution of the parliament, which determines the duration of the effect of the imposed measures, and which cannot exceed fifteen days.

If the parliament is absent or if it is objectively impossible that it be convoked in time, these measures are taken by presidential decree issued upon the proposal of the cabinet. The cabinet submits the decree to the parliament for approval as soon as its convocation is rendered possible, even when its term has ended or it has been dissolved, and in any case no later than after fifteen days. The duration of the measures mentioned in the preceding paragraphs may be extended every fifteen days, only upon a resolution passed by the parliament that must be convoked regardless of whether its term has ended or whether it has been dissolved. The measures are lifted ipso jure with the expiration of the time limits specified, provided that they are not extended by a resolution of the parliament, and in any case with the termination of war if this was the reason of their imposition.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

From the time that the measures come into effect, the President may, following a proposal of the cabinet, issue acts of legislative content to meet emergencies, or to restore the functioning of the constitutional institutions as soon as possible. Those acts must be submitted to the parliament for ratification within fifteen days of their issuance or of the convocation of the parliament in session. Otherwise, they cease to be in force. The statute on the state of siege may not be amended during its enforcement.

The resolutions of the parliament, as regards the presidential decrees and the duration of the measures, must be adopted by a majority of the total number of members. The resolution of the statute on the state of siege must be adopted by a three-fifths majority of the total number of members. The parliament must decide these matters in only one sitting. Throughout the duration of the application of the measures of the state of emergency taken, the provisions of articles 61 and 62 of the Constitution apply ipso jure regardless of whether the parliament has been dissolved or its term has ended.

Modalities of oversight

Body ruling on the constitutionality of laws

Several bodies

The courts are bound not to apply a statute whose content is contrary to the Constitution (Article 93.4 of the Constitution). When there are contrary judgements on the constitutionality of an act pronounced by two of the three highest courts, an ad hoc Highest Court is instituted to resolve the contradiction.

Means and procedures

The ad hoc Court is established for the jurisdiction over settlements of controversies on whether the content of a statute enacted by the parliament is contrary to the Constitution, or on the interpretation of provisions of such a statute when conflicting judgments have been pronounced by the Supreme Administrative Court, the Supreme Civil and Criminal Court or the Court of Auditors (Article 100.e of the Constitution).

The ad hoc Court is composed of the President of the Supreme Administrative Court, the President of the Supreme Civil and Criminal Court, the President of the Court of Auditors, four councillors of the Supreme Administrative Court and four members of the Supreme Civil and Criminal Court chosen by lot for a two-year term. The Court is presided over by the President of the Supreme Administrative Court or the President of the Supreme Civil and Criminal Court, according to seniority. The composition of the Court is further expanded to include two law professors of the law schools of the country's universities, chosen by lot. The judgments of this Court are irrevocable. Provisions of a statute declared unconstitutional are invalid as of the date of publication of the respective judgment, or as of the date specified by the ruling.

Evaluation of laws

No

Not applicable

Measures

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