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I. The administration of justice in Mount Athos, according to the relevant constitutional references (Art. 105, para. 5, subpara. 2 of the constitution), is regulated by a number of provisions in both the Charter of Mount Athos (Arts. 41-83) and the Legislative Decree dated September 10/16, 1926 (Arts. 7-35). These latter provisions were intended to fill significant gaps in the Charter's legislation.
Despite the large number of provisions and their detailed explanation, especially on cases concerning procedural matters, it has not been possible to resolve many contradictions between the two legislative documents, nor to correct numerous legally weak points. Thus, as has been aptly observed, the interpreter of these provisions navigates with difficulty through complex and demanding legislative pathways.
In cases where the provisions of the Charter conflict with the provisions of the Legislative Decree, the latter holds greater authority (Art. 1 of the Legislative Decree dated September 10/16, 1926). Issues regulated solely by either the Charter or the Legislative Decree do not require confirmation by the other document. If neither of the two documents contains regulations on a particular matter, the relevant provisions of general law shall be applied.
II. Today, when all Athonite monasteries have become cenobitic, the judicial bodies in Mount Athos are: the abbot with the epitropi, the abbot with the gerondia, the Holy Community, the Holy Superintendence, the Ecumenical Patriarch with the Holy Synod, a special court consisting of a three-member exarchate of the Ecumenical Patriarchate and a twenty-member synaxis. The Governor of Mount Athos is required to be present at the meetings and to act as “Commissioner of the Law.” (Arts. 7 and 9 of the Legislative Decree dated September 10/16, 1926, together with Arts. 41, 42, 43, 47, 52 of the Charter).
III. The powers of these courts are very broad, covering matters of general criminal law, ecclesiastical violations, and private law disputes. Specifically:
1. All offenses and criminal acts committed on the territory of Mount Athos fall under the jurisdiction of the courts in Thessaloniki (Art. 7 of the Legislative Decree dated September 10/16, 1926). This means that when judicial authorities begin criminal proceedings for any offense or crime committed on the Athonite peninsula, they send an investigator to conduct the inquiry. Ηe must request the Holy Superintendence to immediately appoint one of the epistates to be present at all investigative procedures (Art. 35 of the Legislative Decree dated September 10/16, 1926).
On the other hand, minor offenses, as well as trade inspection and police violations, regardless of who committed them (clergyman, monk, or a layperson), are examined by the Holy Superintendence if they occurred in Karyes, the capital of Mount Athos. If not, they are handled by the gerondia and the abbot of the monastery in whose jurisdiction they occurred (Arts. 7 and 9 of the Legislative Decree dated September 10/16, 1926). In this case, the entire prosecution has been established to be conducted by the police forces stationed at the Athonite peninsula.
2. Ecclesiastical crimes committed by Athonite monks are primarily dealt with by the authorities of each monastery. At first, in cases of minor offenses for which it is not considered necessary to refer the respective offender to the judicial authorities, the abbot with the epitropi has the right to impose the respective penalty, which cannot be overturned and takes the form of a reprimand, admonition, or fasting for a period of up to seven days. (Art. 47 of the Charter).
In other cases, ecclesiastical violations by monks of a monastery or dependent institution (except for offenses that entail the penalty of defrocking) are initially judged by the gerondia and the abbot, and are then forwarded to the Holy Community (Arts. 7 and 9 of the Legislative Decree dated September 10/16, 1926). However, ecclesiastical crimes that may result in deposition are judged by the Patriarch and the Holy Synod. They are also responsible for considering appeals against the decisions of the Holy Community (Art. 52 of the Charter). The Synod may assign the execution of its decisions to the special court mentioned above (see above, point II).
3. By the term "private law disputes," the Athonite legislation refers exclusively to matters concerning the destruction or alteration of boundaries, as well as issues related to debt agreements between two monasteries, between a monastery and one of its dependencies, or between dependencies of different monasteries. Such disputes arise frequently and have often caused conflicts throughout the long history of Mount Athos. These disputes are judged as follows. If it is a dispute between two dependent institutions of a monastery, then it is handled at first instance by the gerontia, presided over by the abbot, and at second instance by the Holy Community. If it is a dispute between monasteries, between dependent institutions of different monasteries, or between a monastery and its dependent institution, then the matter is handled at first by the Holy Community, and later by the Ecumenical Patriarchate (or the special court) (Art. 9 of the Legislative Decree dated September 10/16, 1926). All other private law disputes are referred to the courts of the Greek state.
