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Athonite monks are exempt from military service, as confirmed by the provisions of the Constitutional Charter of Mount Athos and the relevant legislative act.
I. According to the Charter, in order to be tonsured as a monk, a candidate must be over eighteen years old and undergo a period of obedience (novitiate) lasting from one to three years. "A monk tonsured in this manner is exempt from military duty" (art. 93 of the Charter). This provision is also stated in the Legislative Decree, where it is mentioned that "the monks of Mount Athos are exempted from military service" (art. 38 of the Legislative Decree dated September 10/16, 1926).
These two provisions refer to the same subject. However, issues of legality may arise if a monk spends less time as a novice than the period specified in Article 93 of the Charter. In such a case, there should be applied the provision of Article 38 of the Legislative Decree dated September 10/16, 1926, as it does not contain any additional conditions for exemption from military service (since, as is generally acknowledged, when the provisions of the Charter and those of the confirmatory legislative act are in accordance with the ancient established customs of Mount Athos but prescribe different rules, priority is given to the provision of the confirmatory legislation (see also art. 1 of the Legislative Decree dated September 10/16, 1926).
It becomes evident that the exemption from military service did not apply equally to novices. Their exemption was added by law No. 1763/1988, which constitutes a generous concession granted by the legislators to prospective monks.
II. This rule was amended by law No. 3421/2005, which stipulated that the right not to serve in the military applies only to foreigners who are monks in Mount Athos, and thus, implicitly yet clearly, was taken away from Greek citizens, who constitute the majority of Athonite monks (art. 13 and 7 of law No. 3421/2005).
This decision naturally provoked justified dissatisfaction, which ultimately gave rise to an administrative issue that was submitted to the Legal Council of the State. Specifically, questions were posed regarding whether art. 105 p. 3 of the Greek constitution, as well as the Charter of Mount Athos hold the status of a legislative act of higher legal force, superior to state laws enacted in accordance with art. 73 and following of the constitution. Furthermore, the question was raised as to whether the current law regarding the military obligations of monks could take precedence over the provision of Article 93 of the Charter.
The Legal Council of the State concluded that the Charter of Mount Athos possesses higher legal force compared to military legislation, and therefore, the provisions of art. 93 of the Charter, as well as the similar provision of art. 38 of the Legislative Decree dated September 10/16, 1926, which stipulate exemption from military duty for Athonite monks, cannot be annulled by article 13 p. 6 of law No. 3421/2005 (Decision of the Legal Council of the State 245/2008. Vol. 3: Canon Law 1/2009. P. 204 and onwards, notes by A. Kondis). The conclusion also states that for reasons of order and respect to the state laws, it is necessary to legislatively confirm that the provision of art. 13 p. 6 of law No. 3421/2005 does not apply to Greeks accepted on Mount Athos as novices or monks.
III. Government authorities accepted the expert opinion of the Legal Council of the State, while the Minister of Defense issued a decree (F.429.1/62/156893/28.7/28.8.2008) (with retroactive effect), stating that monks and novices of Mount Athos can be exempt from military duty if they so wish.
However, doubts arose regarding whether the issuance of this decree exceeded the legislative powers provided by article 30 p. 1 of law No. 3421/2005. The problem was ultimately resolved by Article 77 of law No. 3383/2010, which aligned military legislation with the Charter of Mount Athos and its confirming law, stating that "monks and novices serving in Mount Athos are exempt from military duty if they so wish."
IV. The exemption of Athonite monks from military service is based on the principle of "not disrupting monks from their monastic life," while, from another perspective, it constitutes an individual privilege for them.
The purpose of these privileges is, firstly, to preserve the established, unchanged, privileged, special, and exceptional status of Mount Athos, as well as to continue its tradition. Furthermore, the Constitutional Charter itself contains a specific reference to the privileges enjoyed by the Athonite community: "Mount Athos enjoys, according to the ancient established customs, special privileges and tax immunities that are clearly set out in the present Constitutional Charter" (art. 12 of the Charter).
