You cannot expect people to compromise and organize merely be cause they fear. You expect people to compromise, to grow into political parties, because they have a natural affinity of principle and interest which brings them together.

I feel for this to occur in Greece, in order for the modernization process that Mr. Kousoulas desires to occur, is a basic requirement: Freedom.

Mr. ROSENTHAL. We thank you both very much.

The subcommittee stands adjourned.

(Whereupon, at 4 p.m., the subcommittee was adjourned.)

APPENDIX

(The following document represents the official text and explanation of the 1968 constitution as released by the Greek Government :)

FUNDAMENTALS OF THE CONSTITUTION

ATHENS 1969

FOREWORD

The work following hereunder, is an effort to present the new Constitution in its most basic lines, in conjunction with the amendments effected by the national government and attested by the Greek people, through the referendum of September 29, 1968. The present, does by no means constitute an effort to comment in detail, what is more in an expertly way, on the legal problems, derived thereof. Notwithstanding this, however, the way in which the said work is presented in general as well as the remarks made therein, aim mainly at a scientifically satisfactory and thorough presentation of the institutions of the Constitution-with the burden cast on its innovations-so as to form a responsible and feasibly adequate picture about it. Also, an effort has been rendered toward a simple formulation and a systematic arrangement of the text.

The most indicated arrangement, has been considered to be the one followed in the writings of constitutional law, which is also suggested by the very constitution itself. Thus, the entire material is divided in two parts.

Part 1 refers to the general (original) provisions of the constitution (articles 1-7) as well as those governing the relations between individuals and state authority (articles 8-29).

Part 2 has as it main subject the structure of state authority, to wit the specifying of the agencies exercising same and the relations ensuing thereof among each other (articles 30–132). Within the frame of part 2 one will also find an elucidation of the constitution's definitions concerning its review (article 137). Finally, part 3 contains the text of the new Constitution.

PART ONE

Athens, May 1969.

I. THE NECESSITY FOR A REVIEW FROM A POLITICAL AND SCIENTIFIC

POINT-OF-VIEW

(a) The necessity for a review of our Constitution had repeatedly been ascertained by Greece's political world. Long before the revolution of April 21, 1967, political personalities and party representatives-not even excluding the Communist Party-had already spotted constitutional institutions and provisions which because they were obsolete, vague, and dubious, as for instance the ones regarding the King, were creating explanatory difficulties, friction, feuds among the parties eventually leading to social disorder and insecurity.

(b) Still greater importance, lies on the fact that the necessity for a review became imperative from other points-of-view as well, these ones stressed by scientific research.

That is to say, with regard to the relations between citizens and State, the increasing expansion of state activities over a multitude of fields previously covered by private initiative, resulted in a close dependence of the citizen on the state. The said dependence is manifested in a most precise way through the positive grants made to individuals, falling within certain categories, who

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are in need of state relief, for example, through monetary grants made to families having many children, war invalids, et cetera. Yet, a positive grant is also the one made through the establishment and maintenance of enterprises and various other public weal installations by the state, where the citizens, may, in a cheap and secure way, have in their disposal the rudimentary goods for a livelihood such as electricity, water supply or the enjoyment of certain cultural events as for instance visiting a museum or going to a concert. Through the aforementioned grants, the state becomes an indispensable partner and assistant not only during difficult but also during easy or normal circumstances.

Certain livelihood relations or grants are nowadays considered to be a selfevident matter of special state interest and care, for example the family in general public health, social security, labor, and finally the very economic development itself. The complete absence of the state from the exposed fields, is certain that would lead, always on the basis of current data, to the path of exploitations. clashes, troublemaking, insecurity and decadence. Hence, the special state interest introduced by the new Constitution not only is justified but essential too for it covers deep primary importance mutual needs for society and the state, which nowadays are interlinked, perhaps more than ever before.

(c) Every citizen has, on account of the above, an important interest by now in seeing that the state, as an organization, is operating in an orderly way. with precision and efficiency, because otherwise it cannot bring securely to bear its so very important mission for the development and even the very lives of the individuals. Thus, the Constitution must, as a fundamental law of supreme authority, lay modernized and rationalistic foundations for the set up of state activities, such as the precise description of the jurisdictions of the agencies of executive, legislative and legal authority, the decentralization in the performance of state jurisdictions, et cetera, so as to meet the needs of the individuals as well as the totality fully and rapidly, in view of today's fast changing circumstances.

From the importance of the mission of the contemporary state for all individuals concerned, as well as the necessity for its good and uninterrupted operation, rises the need for an increased state protection against internal enemies who, although a small minority, may plot against order, peace, and security. A contemporary constitution can and has to anticipate, whenever circumstances make it necessary, for drastic measures against these perils for the sake of maintaining the peace and progress both of the society and of the state, especially when such perils result from organized and obscurely working forces.

II. MODE OF REVIEW

If the necessity for a review of the Constitution has been indisputable and essential from every point-of-view, it is not less notable to examine the mode in which this review has been realized. In fact, it was not an unrighteous thing to do to characterize the said mode as an event for our country's constitutional history. What is more, not even foreign countries that are at this time oddly lamenting over Greek affairs, could show a similar and so extended effort of orientation and elucidation of the population masses, on the value and significance of a constitution under vote. The Greek people, in their entirety, were given the possibility to freely express their opinion on the various articles and institutions of the formerly effective Constitution and compare it with the draft for a new one, after previously or simultaneously being advised on the meaning and contents of a constitution in general as well as its institutions. This was done by means of the radio, the press and other publicity media and also through group talks or orientation briefings. The way the people responded to this invitation was by no means inferior to the expected results. The views of the citizens. irrespective of social class, were expressed on specially printed newspaper cuttings or in separately mailed letters, and referred in their majority to the critical subjects of the relations between the Government, the Parliament and the King. The fact that these views were taken into account during the redaction of the new Constitution follows from a comparison between many of the views and the corresponding articles of the new Constitution. Likewise, the high percentage of voters that have accepted the Constitution, can be explained only as a clear indication of the fact that the views of the Greek people and those of the National Government are identical. Therefore, the democratic nature of the new Constitution, insofar as its authority is concerned, constitutes a reality which cannot be refuted.

III. GENERAL PROVISIONS

Out of the contents of part 1 (general provisions) of the new Constitution, particularly worth mentioning and therefore more important are the provisions regarding the relations between the state and the church, the form of the gove ernment, the language question and the principle equality."

With regard to the question of the relations between the state and the church (article 1), the new Constitution, following the pattern of a whole series of previous Greek constitution, lead by our country's history of the last few hundredth anniversaries and abiding by the religious beliefs of the Greek people in its totality, establishes the Eastern Orthodox Church religion as the one prevailing in Greece. The term "prevailing" religion does by no means indicate any superiority or all the more so its imposition over any or all the other known religions or creeds. Yet, it declares the official character (see articles 3111, 39 11, 411) which is manifested during say the official state holidays. The aforementioned reasons, compelled the constitutional legislator to particularly protect the prevailing religion against anyone deceitful and menacing action such as propaganda and conversion.

The freedom of religious confidence and correspondingly its free expression in any way by the individuals with regard to principles, for example, through participating in acts of worship as well as the freedom of not participating in similar manifestations due to lack of a religious conscience, are fully protected by the Constitution (article 16, paras. 1, 11) as being the irrevocable rights of all concerned. The limits for the practicing of religious freedom are stipulated in article 16, paras. IV, V.

To the end of strengthening the self-governing of the Orthodox Church toward the state, the new Constitution requires the previous opinion of the Permanent Holy Synod on every bill or bill motion concerning the organization as well as the administration of the Orthodox Church,

(b) As was the case with the previous Constitution, the new one currently effective likewise describes Greece's form of government to be a "crowned Democracy" (article 21). The center of gravity in this term is that of a republic. The adjective crowned is prefixed in order to define the limited character of the Republic from the point-of-view of mode of its practicing-through the King who, being the Supreme Lord for life and being also hereditary on a constitutionally designated order, practices certain of the jurisdictions conceded to him by the sovereign authority, to wit the people, through the Constitution, article 55).

The following paragraph gives an analysis (article 2 II) of the basic points of the content of the Republic and proclaims the self restriction of the people through the Constitution, with regard to its practicing. Thus, the State authority is unified and springs solely from the people who entrust its practicing (article 3) to legislative agencies (Parliament, King), executive (King, Government) and legal agencies (courts). Consequently, we have to do with a representative form of a Republic, operating under the regime of a triple separation of the State authority, the way same is nowadays generally acceptable.

A new characteristic, referring to the mode of practicing State authority, is introduced by the new Constitution in its ruling that every and all political authority does not solely spring from the people especially in its primary form, i.e. the constituent authority-as it also springs from each of the three authorities through their agencies, such authority being thus practiced for the people and the nation.

This way, it is exalted that every and all practicing of State authority, must aim at the interest of the people and of the nation.

(c) To eliminate all impediments for a normal evolution of the Greek language, the last phrase of article 107 of the previously effective Constitution has been deleted, the said phrase prohibiting "every intervention to corrupt" the official language of the State. Hence, the official language of the State-as well as education as per an addendum of the new Constitution-is the language of legislative texts and the Constitution itself. The proclamation of this linguistic form as the "official Greek language" has the meaning of establishing a uniform type of language, without banning a further linguistic evolution.

(d) Among the provisions of article 7 of the Constitution, the one establishing the equality of the Greeks in front of the law is of primary importance. The principle of equality does not only bind the applier of the law (administration, courts) as it binds the very legislator himself, who must regulate similar situations or relations in an equal way, as formerly accepted by supreme courts.

An immediate result of the broadly established principle of equality, is the fact that it is applied in those important instances, mentioned in the Constitution. Thus, the Constitution safeguards the equality concerning the fulfillment of taxation obligations in proportion to the capacities of each and everyone, guaran tees equal terms with regard to the admission and career in public service, with the exception only of such cases as introduced by special laws; notwithstanding this, however, even these cases have to be based on actual reasons, to wit they must not be arbitrary-arbitration being the most serious form of violation of equality. Finally, the Constitution denies the acknowledgment, or the bestowal (by foreign nations) of any titles of distinction or nobleness to Greek citizens It is self-evident that the Constitution does not acknowledge any such rights. not even with regard to the Greek State.

IV. THE FREEDOM CONCEPT OF THE CONSTITUTION

(a) Prior to referring to the innovations of part 3 of the Constitution, it would be useful to pay attention to the concept regarding freedom, is this as introduced by same (part 2, chapter A). We have to do with a freedom which is characterized by a mingling of the individual with the social items: A social freedom. This freedom meets its limits in the rights, that is, the freedom of the others, the moral law, as this is expressed in the Greek Christian Orthodes spirit, as well as in the constitutional order (see article 9). The said limits insure the last prerequisites for a normal, peaceful life, a life nowadays developing out of necessity into an incessant contact and communication with other people. It is for this reason that these limits are valid in that they are the obvious limits for the application of any other special individual right contained in the Constitution.

(b) The new Constitution has effected certain changes in the list of special individual rights following after the general individual rights on the free development of the personality in general. These changes are adaptations to the social and/or individualistic ideology. Already, the general individual right mentioned above, is taking, though limited in extent, a social hue too, through the addition of the application limits which are congential to it (the rights of others, the moral law, the constitutional order). An intense social hue is mainly applied o the freedom of the press and the right of property, without losing their basic character-this being especially true for property-as individual rights.

Thus, proprietorship, being under the protection of the state may be taken away by virtue of alienation, the prerequisites of which are directly arranged by the Constitution (article 21). However, the new Constitution goes still further on by allowing, by virtue of a law in this connection, the (temporary) appro priation of the free usage and usufruct of property.

Of course, this does by no means purport an elimination of the very right of proprietorship and yet, in reality it is equivalent to same since the proprietor is thus being deprived of every practical usage of his property. Nevertheless, the meaning of this limitation for the success of broader economic prospects on the part of the state is obvious. Also, through implementation of similar principles derived from the perception regarding a welfare state, within the frame of the provisions on property, an alienation system by zones is now being established and so is the indemnity in kind on city planning and street pattern plans as wel as the redistribution of land.

The social content of freedom of press (article 14) is manifested in the proc lamation according to which the press performs a public mission entailing rights duties, and responsibilities as regards the accuracy of the published material. Besides, within the frame of the constitutional provisions regarding the press care is being taken for the protection of the private and family life of public men as well as citizens, which means that in the clash between freedom of the press and freedom of the development of the personality (this including also the sphere of the person's family relations), the Constitution, consistent with it basically liberal orientation, places itself explicitly in favor of the second.

Following the same line, the constitutional legislator specifies the maximu limits of duration of the detention pending trial (article 10). In the past, the problem of deciding on the time limits for such detention was left with the law. The latter did not even preclude a considerably prolonged period of same by means of applying the method of a never ending inquiry.

This chapter re: Personal rights, contains a provision (article 23) providing protection for capital influx from abroad destined for investments. This protes