.jpg)
The Athonite Peninsula became part of the Greek state after a series of international agreements made at the end of the wars from 1912 to 1922. In 1924, a five-member commitee developed a draft of the Constitutional Charter of Mount Athos, which was aproved during a vote of the Extraordinary Twofold Synaxis of the twenty monasteries in May 1924.
During the rule of General G. Kondylis, the Constitutional Charter of Mount Athos was confirmed and supplemented by the legislative act of September 10, 1926. This act was published on September 16, 1926, signed by the reinstated President of the Greek Republic, Admiral Pavlos Koundouriotis.
A few days later, on September 22, 1926, a constitution of the Greek state, prepared by a commitee chaired by A. Papanastasiou, was published in the Government Gazette and came into effect. This short-lived constitution of 1925-1926 included for the first time provisions regarding the administration of Mount Athos. The same provisions are found in the constitution of 1927 (articles 109-112) and have remained in effect since then, as they are included in the current constitution, under the title of The Status of Mount Athos.
II. Following its incorporation into the Greek state, Mount Athos retained its privileged status unaltered for many centuries.
It was the ancient privileged status of the sovereign and royal, self-governing and independent, holy monasteries of Mount Athos, which also received, since the 13th century, a patriarchal and stavropegial status, coming under the spiritual jurisdiction of the Ecumenical Patriarchate of Constantinople. This status primarily signified their extensive self-governance and self-organization within a union similar to a federation, led by an elected representative from the holy monasteries.
The Greek state preserved this privileged status, confirming it twice. First, through a constitutional provision already included in the 1925-1926 constitution, and second, through the legislative confirmation of the Charter of Mount Athos on September 10/16, 1926, approved by a vote in May 1924 by the Extraordinary Twofold Synaxis of the twenty monasteries.
III. The Constitutional Charter essentially repeates and confirmes the previously existing privileged status of Mount Athos, as indicated in its initial article—crucial for the study of Athonite law as a whole. It states that "[The Charter] proceeds from Imperial chrysobulls and typica, Patriarchal sigillia, fermans of the Sultans, the applicable General Regulations and the most ancient monastic institutions and regimes" (art. 188 of the Charter of Mount Athos (hereafter—C.).
As for the Legislative Decree of September 10/16, 1926, which confirms the Charter, it does not limit itself to mere confirmation of the already excisting regulation. It also contains amendments and additions (which, however, are not mentioned in the title of this document), amounting to a total of forty-four articles!
The circumstances under which this legislative act was approved are explained in the document dated March 19, 1925, titled "Model Act of Ratification of the Charter of Mount Athos," prepared by a commitee chaired by A. Eftaxia. There, it is clearly stated that this commitee, formed by the decision of the Greek state, aimed to revise the existing Constitutional Charter. However, the representatives of the Holy Community participating in this commitee were not authorized to make such decisions. Ultimately, due to time constraints and the "increased patriarchal involvement," the commitee presented a draft resolution and bill to the National Council, approving the Constitutional Charter "with the additions incorporated into it."
According to Eftaxia's "Note," the representatives of the Holy Community reached full agreement on all articles of the resolution and bill proposed for approval, as well as regarding the additions to the Constitutional Charter of Mount Athos, which they signed. No one questioned the approval and entry into force of these documents. Despite this, questions arose regarding serious disagreements between the provisions of the Charter of Mount Athos and the Legislative Decree confirming it, such as the issue of the exemption of Mount Athos from tax payments.
The existence of both the Constitutional Charter and the Legislative Decree of September 10/16, 1926, whose regulations often do not coincide, has sparked theoretical debates about the hierarchy of these two documents.
