§30. Relations Between Mount Athos and State Judicial Authorities

The borders of Mount Athos with the outside world As previously noted (see above, § 26 III), the powers of the judicial authorities of Mount Athos are broad and encompass matters of general criminal law, ecclesiastical offenses, and private law disputes.

For all matters falling under the jurisdiction of both the Athonite community and, according to the Charter of Mount Athos, the judicial authorities of the Greek state, each may make judgments according to its own competence, independently and without restrictions (art. 83 of the Charter).

The term "civilian courts" clearly distinguishes general courts of the state from those of Mount Athos, while it includes both “civil” courts, in the strict sense of the term, as well as “criminal” courts. Thus, any kind of disagreement between the state and Athonite courts is excluded, as each is called to participate in judicial proceedings according to its own jurisdiction.

The rule of independence between the court of Mount Athos and the general court applies equally to all of their individual decisions. Therefore, the final decision does not belong solely to the state or the Athonite court, as both may deal with the same case, for example, addressing a crime committed by a monk.

It is clearly defined that the decision of one court is not a guideline for the other, so it is even possible for one court to issue an acquittal while another issues a conviction for the same case (art. 83 of the Charter).

This means that neither the decision of the general court has any influence on the outcome of a case being considered in the Athonite court, nor does the decision of the Athonite court serve as a guideline in the consideration of a case by the general court.

Up