The Greek Constitution explicitly states that the residence of 'heterodox or schismatic' individuals in Mount Athos is prohibited (Art. 105, para. 2). A similar provision is also included in the Constitutional Charter of Mount Athos (Art. 5, para. 2). Therefore, it is prohibited for representatives of other religions and atheists to reside on the Athonite peninsula.
These provisions do not merely prohibit visiting Mount Athos, but specifically forbid settling there. Of course, the terms "heterodox" or "schismatic" are not explicitly defined. The interpretation of these terms falls within the internal law of the Orthodox Church, and in case of doubt, it is directed to the Ecumenical Patriarchate. For this reason, the classification of any monk as a schismatic is not subject to review and cannot be examined under the regulation (Council of State 736/2005: Canon Law 2/2005).
I. The Holy Community, upon discovering the residence of an heterodox or schismatic in Mount Athos, or, in more legal terms, a representative of another religion or an atheist, makes a decision regarding their expulsion, while the governor ensures the execution of this decision (Art. 105, para. 4-5 of the Constitution in relation with Art. 3-4 of the Legislative Decree of September 10/16, 1926, and Art. 8 of the Charter). However, it has been accepted that, in certain cases, the Governor should not insist on the compulsory removal of the person, if the latter demonstrates impeccable behavior and remains on Athonite ground in such a manner that his removal would offend human dignity. (State Council 736/2005: Canon Law 2/2005).
To conclude, according to the interpretation of the highest administrative court, permanent residence in Mount Athos is permitted exclusively to Orthodox Christians who accept and recognize the direct spiritual jurisdiction of the Ecumenical Patriarch. Consequently, monks who cease to commemorate the name of the Ecumenical Patriarch and no longer recognize his spiritual authority over the Athonite territory are not accepted on the peninsula. (State Council 4/1996).
II. In Mount Athos, it is also explicitly prohibited to create and establish any corporation or special brotherhood, as this contradicts the ancient established customs of the Athonite community (Art. 183 of the Charter).
The explanation for this prohibition can be found in the relatively recent history of the peninsula. An example is the brotherhoods of Russian monks, who lived in several kellia, and who, in the mid-19th century, caused serious problems for the ruling monasteries.
In scholarly discourse, objections have often been raised concerning certain provisions of the Constitutional Charter, which have been considered unconstitutional. Even if we assume that this provision, although more recent, does not conflict with the monastic rules of Mount Athos, it seems more accurate to consider Athonite law as unique, with any of its gaps being filled by the legal provisions of the Orthodox Church. From these general provisions, it follows that the establishment and operation of corporations contradict the fundamental rules of monastic life. In any case, this prohibition does not extend beyond Mount Athos, meaning that the Athonites themselves may become members of corporations.
III. Related to the previous restrictions is the prohibition of any propagandistic or proselytizing activity of a moral, religious, ecclesiastical, social, nationalistic, or other similar nature in Mount Athos (Art. 184 of the Charter).
The penalty in this case, as well as in the case of a person with different religious beliefs, a schismatic, a representative of another religion, or an atheist remaining in Mount Athos, is the expulsion of the offender from the Athonite territory. The manner in which this penalty is imposed and enforced has already been mentioned above.
