I. Under the spiritual supervision of the Ecumenical Patriarchate of Constantinople.
Mount Athos, being by its nature a religious and spiritual organization, is under the spiritual supervision of the Ecumenical Patriarchate, in accordance with the ancient tradition, as well as the constitution of Greece and the Constitutional Charter of Mount Athos.
Indeed, according to its regulation, the Athonite state remains spiritually under the direct jurisdiction of the Ecumenical Patriarchate (Article 105, Paragraph 1 of the constitution). The strict implementataion of the regulation of the Charter of Mount Athos regarding its spiritual principles is under the supreme oversight of the Ecumenical Patriarchate, while the administrative aspects are under the supervision of the Greek state (Article 105, Paragraph 4 of the constitution). The Ecumenical Patriarchate is also part of the legislative authority of the peninsula, as the Constitutional Charter is drafted and approved by the twenty holy monasteries, while it is also confirmed by the Ecumenical Patriarchate and the Parliament of Greece (Article 105, Paragraph 3 of the constitution).
Furthermore, according to the constitution of the Holy Mountain, all monasteries of Athos, both patriarchal and stavropegial, fall under the spiritual jurisdiction of the Great Church of Christ of the Eastern Orthodox tradition, that is, the Ecumenical Patriarchate. Therefore, there "is no permission to commemorate anyone else but the name of the Ecumenical Patriarch" (Article 5 of the Charter).
Different aspects of this supervision include: the obligation to inform the Ecumenical Patriarchate of any election, cessation of service, voluntary departure, or removal from the office of abbot, epitropus, or member of a monastery's Synaxis (Article 117 of the Charter and Article 36 of the Legislative Decree from September 10/16, 1926); the obligation to inform the Ecumenical Patriarchate when deciding to convert an idiorrhythmic monastery into a cenobitic one (Article 85 of the Charter); the obligation for each high priest, invited to Athos to perform a sacrament, to obtain permission from the Ecumenical Patriarchate (Article 173 of the Charter); the obligation for any visitor to the libraries of Mount Athos to present a document from the Ecumenical Patriarchate (Article 185, Paragraph 2 of the Charter), and others.
Finally, the Ecumenical Patriarchate also possesses judicial authority on the Athonite peninsula, which will be discussed separately in a dedicated section.
II. Under the administrative supervision of the Greek State.
1. The supervision of the territory of Mount Athos, which, as noted, is a self-governing part of the Greek state, is exercised, regarding the administrative part, by the authorities of the Hellenic Repubic, which also have the exclusive right to maintain public order and safety (Article 105, Paragraph 4 of the constitution).
This constitutional provision also includes the statutory legislation of Mount Athos. Specifically, Chapter 2 of the Legislative Decree from September 10/16, 1926, which approves the Constitutional Charter, is dedicated to the administration of the Athonite state. There it is stated that the governor oversees (in addition to matters concerning public order and safety) the compliance with the provisions of the Charter, drawing the attention of the Holy Community to any violations of monastic rules, while in cases of disagreement he is obliged to report to the Ministry of Foreign Affairs, to which he is subordinate (Article 3).
2. Of particular interest is the history of the regulations concerning the office of the governor on Mount Athos. From the very beginning, likely due to certain diplomatic processes that ultimately led to the incorporation of Mount Athos into the Greek state, it was determined that the governor continues to be subordinate to the Ministry of Foreign Affairs, which now appears to be entirely unjustified.
a) The original text of the Legislative Decree from September 10, 1926, which approved the Constitutional Charter, provisioned the appointment of a governor by a decree issued by the Ministry of Foreign Affairs, with the rank and salary of a nomarch. Then, in law No. 6010/1934, it was specified that the governor of Athos should come from the staff of the Ministry of Foreign Affairs, holding at least the position of director of a high-level department. However, the minister may appoint someone who is not currently serving in the Ministry of Foreign Affairs but had previously served there in general positions with distinction "for at least a decade." Subsequently, by special law No. 758/1937, it was determined that the appointment of any person who has "served with distinction in public service" is allowed.
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By Presidential Decree No. 27/1975, the position of the deputy governor was created for the first time, since it was not provisioned by the statutory legislation of Mount Athos. Additionally, in 1983, a joint ministerial decision by the ministers of internal affairs, foreign affairs, and finance determined that members of the academic and auxiliary staff of higher educational institutions could also be appointed as governors of Athonite land.
b) It becomes clear that the necessary conditions for holding the position of governor of Mount Athos have constantly changed, as they were adjusted to specific candidates chosen by the government for this position. Ultimately, it became evident that it is preferable to appoint individuals who have a clear connection to Mount Athos, have emerged through their engagement with it and are familiar with the needs of the monastic community.
Thus, in 1998, the Ministry of Foreign Affairs established that the governor of Mount Athos is appointed by Presidential Decree, after the Ministry of Foreign Affairs submits the candidacy of a "person with recognized authority, experience in administrative work, and knowledge of the affairs of the Athonite state". The deputy must be a person of higher education, also familiar with the affairs of Mount Athos (Article 21 of law No. 2594/1998). This provision remained intact in the current regulations of the Ministry of Foreign Affairs (Article 29 of law No. 3566/2007).
Therefore, the governor, along with the deputy, is appointed by a decree issued by the Ministry of Foreign Affairs. He has the status and salary of a Secretary-General of the Region, and after the recent administrative reform — the status and salary of a Secretary-General of the Decentralized Administration (Article 6, Paragraph 2 of law No. 3852/2010).
3. The powers held by the governor of Mount Athos are limited and reduced to the supervision of strict compliance with the Constitutional Charter regarding the administrative aspect and the maintenance of public order and safety in the region.
For this reason, the term "governor" may be considered inappropriate, as it essentially refers to a representative of the law, who is subordinate to the Ministry of Foreign Affairs, must execute the orders of this ministry, and act in accordance with it.
4.Issues related to the administration and the administrative staff of Mount Athos are regulated by Presidential Decree No. 227/1998 "On the Organization of the Administration of Mount Athos."
According to the provisions of this decree, if the governor becomes aware, by any means, of a violation (of an administrative nature) of the provisions of the Charter by any body that, according to the Constitution, possesses the right to autonomy and self-governance in Mount Athos, namely the Holy Community, the Holy Superintendence, or other monastic authorities, he is obliged to notify the Holy Community in writing about this violation, drawing their attention to compliance with these provisions (Article 2).
The governor also possesses powers, belonging by the law to police authorities, concerning the maintenance of public order. He performs these duties personally, through the deputy governor, through the police force, the customs officers, the officials of the coast guard and fire service who serve in the area of the Athonite peninsula (Article 3, Paragraph 1).
Within the framework of his powers, the governor also ensures the execution of the decisions made by the Holy Community and monastic authorities. He also regulates the issuance of identification and travel documents after the acceptance of a new monk or novice (Article 3, Paragraph 1a).
Finally, the actions of the governor, regarded as administrative actions, are subject to control by the Council of State and may be annulled. However, this does not apply to those actions related to the internal governance of Mount Athos, such as, for example, the relationships of monks and monasteries with each other or with monastic authorities and the Holy Community.
5. In addition to the governor, the Minister of Foreign Affairs also oversees the strict compliance with the constitution of Mount Athos, verifying legality during the approval of regulatory provisions adopted by the Extraordinary Biannual Twenty-member Synaxis (see below § 10) according to Article 6 of the Legislative Decree from September 10/16, 1926.
