I. According to Article 105 of the Greek Constitution, the Athos Peninsula from Megali Vigla onwards, forming the region of Mount Athos, is, in accordance with its ancient privileged status, a self-governing part of the Greek state, whose sovereignty over it remains intact.
In Mount Athos, there are twenty ruling monasteries, "sovereign, royal, patriarchal, and stavropegial" (Article 1 of the Charter). They are legal entities and, as is widely recognized, they are subject to the rules of public law. All other monastic institutions remain under their administration. Namely, all sketes, cells, and kalyves, hermitages, and kathismata are considered to be dependencies with not independent legal status. The number of ruling monasteries is not permitted to be increased or decreased. Any change to their relationship with the dependent monastic institutions is also prohibited (Article 3 of the Charter).
According to their structure, the monasteries of Mount Athos are divided into cenobitic and idiorrhythmic institutions. A cenobitic monastery cannot be transformed into an idiorrhythmic one, but an idiorrhythmic monastery can be converted into a cenobitic one under the conditions specified in the Constitutional Charter (Articles 84-85 of the Charter). Thanks to this rule, nine monasteries that were originally idiorrhythmic became cenobitic, resulting in all twenty rulling monasteries sharing the same cenobitic structure. Nevertheless, a reference to their idirrhythmic status should not be considered unnecessary, as it pertains to lawful actions that took place during their previous condition.
II. The current constitution repeats and adopts in Article 105 the provisions concerning Mount Athos, as presented in the constitutions of 1925-1926 (Articles 106-109), 1927 (Articles 109-111), 1952 (Article 103), and the constitutional documents of 1968 and 1973 (Article 122). As previously mentioned, the only change that has been made is reflected in the title "Status of Mount Athos."
In Article 105 of the current constitution it is stated that:
- "The Athos peninsula extending beyond Megali Vigla and constituting the region of Aghion Oros shall, in accordance with its ancient privileged status, be a self-governed part of the Greek State, whose sovereignty thereon shall remain intact. Spiritually, Aghion Oros shall come under the direct jurisdiction of the Ecumenical Patriarchate. All persons leading a monastic life thereon acquire Greek citizenship without further formalities, upon admission as novices or monks.
- Aghion Oros shall be governed, according to its regime, by its twenty Holy Monasteries among which the entire Athos peninsula is divided; the territory of the peninsula shall be exempt from expropriation. The administration of Aghion Oros shall be exercised by representatives of the Holy Monasteries constituting the Holy Community. No change whatsoever shall be permitted in the administrative system or in the number of Monasteries of Aghion Oros, or in their hierarchical order or in their position to their subordinate dependencies. Heterodox or schismatic persons shall be prohibited from dwelling thereon.
- The determination in detail of the regimes of the Aghion Oros entities and the manner of operation thereof is effected by the Charter of Aghion Oros which, with the cooperation of the State representative, shall be drawn up and voted by the twenty Holy Monasteries and ratified by 119 the Ecumenical Patriarchate and the Parliament of the Hellenes.
- Faithful observance of the regimes of the Aghion Oros entities shall in the spiritual field be under the supreme supervision of the Ecumenical Patriarchate, and, in the administrative, under the supervision of the State, which shall also be exclusively responsible for safeguarding public order and security.
- The afore-mentioned powers of the State shall be exercised through a governor whose rights and duties shall be determined by law. The law shall likewise determine the judicial power exercised by the monastic authorities and the Holy Community, as well as the customs and taxation privileges of Aghion Oros."
III. From the provisions above, there can be drawn the following conclusions:
1. The constitution undoubtedly recognizes and fully safeguards "the ancient privileged status of Mount Athos." This is repeatedly confirmed in the text of the constitution and pertains not only to the self-governance of the Holy Mountain but also to all other provisions historically established regarding the Athos peninsula and the monks residing there.
A consequence of this declaration is that the Constitutional Charter of Mount Athos, cannot contain provisions that contradict its ancient privileged status, while it also does not comprehensively cover all Athonite regulations, as elaborated in various supplementatry sources of Athonite law, mentioned in Article 188 of the Charter, such as "Imperial chrysobulls and typica, Patriarchal sigillia, fermans of the Sultans, the applicable General Regulations and the most ancient monastic institutions and regimes."
2. The Greek state, on one hand, has recognized the "self-determination" and self-governance of a specific part of its territory (Article 105, paragraph 1 of the Constitution), while on the other hand, through legal acts of the highest legal force, has allowed Mount Athos itself to determine the regulations for those residing in its territory (Article 105, paragraph 3 of the Constitution). It did so by the Constitutional Charter, which is drafted and endorsed by the twenty holy monasteries in cooperation with a representative of the state, while it is also approved by the Ecumenical Patriarchate and the Greek Parliament. The Greek state observes and safeguards that all legal provisions are preserved in Mount Athos, regarding the administrative part, as well as for maintaining public order and safety.
From the above, it follows that the Constitutional Charter of Mount Athos is a legislative act of the highest legal force and, therefore, rests above all other laws adopted through the usual procedure (Articles 73 and onwards of the Constitution). Thus, if any legislative act contradicts the provisions of the Charter, that should be nullified, and the relevant provisions of the Charter should be applied.
