Greece’s new law on citizenship and voting rights of migrants
Jul 19th, 2010 | By staff | Category: FeaturesBecause of the many inquiries received by our Embassy, and as a service to our nationals, we saw it fit to translate Greece’s new Law 3838 which revises “provisions on the acquisition of Greek citizenship and the political participation of Greeks abroad and migrants who legally reside in Greece ” Translated by the Embassy’s official translator/interepreter Ms. Eleni Laios.
PUBLISHED IN THE GOVERNMENT GAZETTE
OF THE HELLENIC REPUBLIC
Volume 1 , No. 49
24 March 2010
LAW 3838
Updated provisions on the acquisition of Greek citizenship and the political participation of Greeks abroad and migrants who legally reside in Greece. Other provisions.
CHAPTER A.
AMENDMENTS OF THE CODE
ON GREEK CITIZENSHIP
Article 1
- Article 1 of the Code on Greek Citizenship , as it was ratified by Law 3284/2004 (government gazette 217A) is hereby amended as follows :
Article 1
By right , by birth .
1. The child of a Greek national acquires Greek citizenship by birth.
2. Any person who is born on Greek territory acquires Greek citizenship provided that :
a. one of his/her parents is born in Greece and resides permanently in the Country since his/her birth, or
b. the person does not acquire foreign citizenship at birth , nor can it acquire foreign citizenship following official statement of the parents before the local foreign authorities , if such statement is required by the Law of the parents’ country , or
c. the person is declared of unknown origin , as long as the fact that it is impossible to establish the eventually acquired foreign citizenship by birth is not due to the parent’s refusal to cooperate .
- Article 1A is added after Article 1 and reads as follows :
1A. Upon statement or application on the grounds that he/she was born in Greece or that he/she studies in a school in Greece
Article 1A
1. The child of alien parents who is born in Greece and continues to reside
in Greece and whose parents have been both legally residing in Greece for at least five consecutive years acquires Greek citizenship by birth , provided that the parents submit (by mutual consent) the relevant affidavit and file an application for the registration of their child to the municipal rolls of the local municipality of their permanent residence . In this case, the child acquires citizenship from the date of their affidavit. If the child was born before the completion of the 5-year legal stay of both parents in Greece, the joint affidavit as well as the application for the child’s registration shall be submitted upon the completion of the 5-year legal stay of the second parent . The child acquires Greek citizenship upon submission of their affidavit.
2. The child of alien parents who has successfully completed at least 6 grades of a Greek school in Greece and resides legally and permanently in Greece acquires Greek citizenship upon completion of the 6th grade .The child’s parents should file a joint affidavit and an application for their child’s registration to the municipal rolls of the municipality of their permanent residence. The child will acquire citizenship within a period of three years. In case of subsequent submission of the affidavit and the application and until the child becomes of legal age , citizenship shall be acquired upon submission of the relevant affidavit and application .
3. Greek citizenship may be acquired by children of alien parents upon affidavit of the parents , in accordance with the preceding paragraphs , only if both parents have been residing legally in Greece and are holders of a valid official document proving their legal stay.
4. In case the child has only one parent or in case the child’s parents have acquired the refugee status , the parent or the person who is assigned the custody of the child may apply for the child’s citizenship , in conformity with the preceding paragraphs ( provided that the provisions of the preceding paragraphs are also met). In case of unaccompanied children who avail of the status of international protection , the affidavit and application shall be submitted by the commissioner or the child’s representative , who must have been appointed in conformity with paragraph 1 , article 30 of Presidential Decree No. 906 / 2008 ( Government Gazette No. 152A’)
5. Prior to the registration in the municipal rolls , the municipality forwards copies of the supporting documents to the relevant issuing authorities , so as to confirm their accuracy . Within 15 days from receipt of such confirmation , the municipality forwards the application and the supporting documents to the competent authorities of the local Regional Directorate .
Within two months from receipt of the file , the Secretary General of the Regional Directorate issues an order for the local municipality to register the child in its Municipal Rolls. Said order is published in the Government Gazette. The child’s registration in the Municipal Rolls takes place within 6 months from the submission of both , the affidavit and the application.
6. In case the parents failed to submit the joint affidavit and application until the child reached the legal age , the child is entitled to personally submit said affidavit and application at the local municipality of his/her legal permanent residence , provided that he/she is a holder of valid documents. The child avails of this right within the exclusive period of 3 years from completion of the age of 18. The application can be rejected if there is penal impediment or on the grounds of national security . The competent authorities will check the existence of any negative record of the child within a deadline of 6 months at the maximum. The above-mentioned procedure and deadlines may be suspended in accordance with the provision of paragraph 4 of article 31 . The decision of the Secretary General of the Regional Directorate is being issued within a year from submission of the affidavit and application . In this case , Greek citizenship is being acquired from the time of submission of the affidavit and application .
7. In accordance with the definition provided for by the present Law , certifications of submission of supporting documents or other documents allowing the holder to temporarily stay in Greece until examination of his/her application by the competent administrative or judicial authorities or awaiting administrative decision , are not considered documents establishing legal residence in the country . The law stipulates that there is a competent authority which is in charge of examining the validity of the permanent residence permit of the parents and child , when the affidavit and application are submitted when the child is already of legal age.
8. Upon submission of the affidavit and the application for the child’s registration in the Municipal Rolls , a fee of 100.00 E (one hundred Euro) should be paid to the local municipality .
Article 2
Article 5 of the Code on Greek Citizenship is being amended as follows :
“ Article 5 ”
Requirements for naturalization .
1. An alien who wishes to become Greek citizen through naturalization should meet the following requirements :
- He/She should be of legal age at the time of submission of the application for naturalization.
- He/She should not be irrevocably sentenced for an offence committed intentionally for the decade which precedes the date of submission of the application for naturalization , nor he/she should be deprived of his/her freedom by court decision for one year or even for 6 months , regardless of the time the sentence was pronounced , nor he/she should be sentenced for crimes against the country’s regime , treason , manslaughter , severe physical injuries , crimes in connection with smuggling of drugs , money laundering , international economic crimes , crimes in connection with the use of high technology equipment , crimes in connection with child trafficking , child prostitution and child pornography ( Law 3625/2007 , Government Gazette 290A’ ) , crimes in connection with affiliation or creation of a criminal organization (article 187 and 187A of the Penal Code ) , resistance against the authorities , kidnapping , molestation , sexual harassment , economic exploitation of human lives , theft , hold-up , fraud , blackmailing , usury , forgery , false declaration , possession of fake documents , calumny , smuggling of weapons , smuggling of antiquities , human trafficking , facilitating the illegal entry , or transportation of undocumented aliens in Greece or providing shelter to them.
- He/She should not be due for deportation nor should he/she be in pending legal status in Greece.
- He/She should be legally residing in Greece for seven (7) consecutive years preceding the submission of application for naturalization . The period of legal stay cannot include the period of time that an alien was assigned in Greece as administrative or diplomatic staff of a foreign mission . Those who are citizens of an EU member-state , the spouses of Greek nationals who have a child , those who have the custody of a child of Greek citizenship ( as long as it was not acquired as stipulated by article 1A paragraph 2 ) , those who are officially recognized as political refugees and non-native people may apply for naturalization provided that they have been legally residing in Greece for at least three (3) consecutive years. As far as spouses of Greek diplomats are concerned , the period of time that they have resided abroad due to their Greek spouse’s assignment counts as well in the required time for naturalization , provided that they have completed –any time - one (1) year of residence in Greece.
For aliens of Greek descent and those who are born and continuously reside in Greece , the 7 year requirement does not apply.
e. He/She should be holder of one of the following documents of legal
residence :
aa) Long term residence permit , in conformity with the provisions
of Presidential Decree No. 150/2006 (Government Gazette No. 160A),
ab) Certification or any other type of residence permit which is being
issued to citizens of EU member-states , in accordance with the
provisions of Presidential Decree No. 160 / 2007 (Government Gazette
No. 135A).
ac) Residence Card or any other residence document which is being
issued to family members of a Greek citizen or to a citizen of an
EU member-state or to the parents of a minor native , in
compliance with the provisions of articles 61, 63 and 94 of Law
3386 / 2005 ,
ad) Card of recognized political refugee or status of auxiliary protection
or family members of holders of such cards , including cards which
were issued in accordance with Presidential Decrees No. 61/1999
( Government Gazette No. 63A) , No. 90/2008 ( Government Gazette
No. 138A) , No. 96/2008(Government Gazette No. 152A) , No. 167/2008
(Government Gazette No. 223A ) and No. 81/2009 ( Government
Gazette No. 99A)
ae) Travel documents or special cards which have been issued by a
national (Greek) authority , in conformity with the provisions of the
New York International Convention on the status of non-natives ,
which was ratified by Law 139/1975 (Government Gazette No. 176A)
af) Card or any other type of residence document issued to Greeks
from abroad , with the exception of the Special Identification Card
of Greeks from abroad.
2. Residence permits or cards of legal residence quoted in paragraph e
may be amended , replaced or abolished by Presidential Decree .
Article 3
Articles 5A and 5B will be added to Article 5 of the Code of Greek Citizenship to read as follows :
Article 5A
Substantial Requirements for Naturalization
1. An alien who wishes to become Greek citizen through naturalization should meet the following requirements , in addition to those stipulated by the previous article :
- He/She should have sufficient knowledge of the Greek language , so as to be able to perform the duties and obligations resulting from his capacity as Greek citizen.
- He/She should be smoothly integrated in the country’s economic and social life. The following factors will be mainly considered so as to establish the alien’s integration into the Greek society : the knowledge
of Greek history and Greek civilization , the applicant’s professional life
and economic activities in general , his/her eventual public or social
welfare activities , his/her eventual enrolment in Greek educational
agencies , his/her participation in the organization of social events or
associations , in which many of the members are Greek citizens , his/her
eventual kinship by affinity with a Greek citizen , the regular payment of
his/her taxes and social security premiums , the possession of property
and his/her financial status in general.
- He/She should be able to participate actively and substantially to the
country’s political life as well as to respect its fundamental principles.
The following facts will be taken into consideration for a person’s
Participation in the country’s political life : the sufficient knowledge of
the Constitutional regime of the Hellenic Republic , the knowledge of
the Greek political history , specially modern Greek history. In order to
adopt the Greek political identity , the interested party should be actively
participating in political unions or associations , where Greek citizens are
participating as well. Earlier participation in the elections of the local government will also be considered.
2. In accordance with article 12 , a Naturalization Committee will be
formed so as to examine if the applicant meets the requirements of the
previous paragraph.
- The Naturalization Committee reserves the right to organize special
exams/test so as to establish the substantial prerequisites stipulated by
paragraph 1. The specifications of the special test and its content will
be decided upon by joint Decision of the Minister of Interior ,
e-Governance and Decentralization and the Minister of Education,
Long Life Learning and Religions.
Article 5B
Security reasons
The alien who wishes to become Greek citizen should not be considered
a threat to public order and national security. The Ministry of Citizens’
Protection is the competent authority to provide such information about
the alien .
Article 4
Article 6 of the Code on Greek Citizenship is being replaced as follows:
Article 6
Requirements for naturalization
- The alien who wishes to be naturalized has to submit an affidavit at the municipality of his/her permanent residence as well as an application
for naturalization at the Regional Directorate of his/her local municipality.
2. The affidavit for naturalization will be executed before the Mayor ,
in the presence of two Greek citizens who will act as witnesses. The
affidavit will be logged in a book and a copy will be furnished to the
interested party. Printed material on the requirements for naturalization
will also be given to the applicant.
3. The application for naturalization is addressed to the Minister of Interior,
Decentralization and e-Governance and will include the following
documents :
- Copy of the affidavit for naturalization .
- Copy of the passport , travel document or other identity document.
- A valid document of legal residence , as provided for by paragraph
e of Article 5 of the present Law.
d. Birth certificate or any equivalent document issued in accordance
with the alien’s national state legislation . If the alien avails of
international protection in his/her capacity as political refugee or is
under the status of auxiliary protection or he/she is non-native ,
therefore he/she cannot provide a birth certificate , the recognition
of political refugee , or the document proving his status of auxiliary
protection or his/her non-native card should be submitted. If the alien
was born in Greece , his/her birth certificate will be accepted by the
authorities. If the alien cannot avail of a passport , as stipulated by
paragraph 1 , section c of article 84 of the Law 3386/2005 , his/her
legal residence permit (which is applicable in such cases ) will be
accepted.
e. Copy of payment of taxes or income tax return declaration of the
last financial year .
f. Copy of his/her Registration Number in a Social Security Foundation
( AMKA in Greek).
- Payment of 700 E (seven hundred euro) application fee . In case the
alien has to re-apply , application fee is 200 E (two hundred euro) .
Greeks from abroad , citizens of other EU member-states , recognized
political refugees and non-natives pay an application fee of 100 E
(one hundred euro ) every time they apply.
Article 5
Article 7 of the Code on Greek citizenship is hereby replaced as
follows :
Article 7
Naturalization procedure
- The Regional Directorate examines if the applicant’s file is complete
and if he meets the requirements of article 5 . The Secretary General
of the Regional Directorate rejects the application if the applicant
does not meet the requirements.
- If the applicant meets the requirements of article 5 of this Law, the
Regional Directorate requests the competent authorities to issue a
Police clearance certificate and a certification of non deportation
order . It also requests the Ministry of Citizens’ Protection if the
applicant is considered a threat to public order and national security.
The security Police authorities are bound to reply within a deadline
of four months .However , they can also forward directly their report
to the Minister of Interior , Decentralization and e-Governance at any
stage of the procedure . If the security police fails to reply on time ,
this does not consider an impediment for the Minister to issue a
Decision.
- If no action has been taken within the above-mentioned prescribed
period , the application for naturalization will be examined by the
Naturalization Committee . Concurrently , the Regional Directorate
calls the alien for an interview on a specific date and time . On
the date of the interview , the alien has to submit to the
Naturalization Committe any documents providing evidence that he/
she has sufficient knowledge of the Greek language as well as any
other data pertaining to the requirements for his/her naturalization.
- The alien’s summons to appear for an interview before the competent
authorities will be made against written receipt . His/her failure to
appear can only be accepted in case of objectively justified incapacity
of appearance . In case his/her failure to appear is not justified , the
application for naturalization will be rejected by the Minister .
- The Committee reserves the right to ask the applicant to undergo a
special test , in conformity with a joint Ministerial Decision (paragraph
3 ,article 5A ).
- The Naturalization Committee drafts a detailed report on the questions
made to the applicants who were interviewed and their answers. Said
report is then forwarded to the Ministry of Interior , Decentralization
and e-governance together with the Committee’s recommendation and
the applicant’s complete file . Notification of the report will be sent
to the applicant who reserves the right to submit any objections in
writing , within a deadline of fifteen days to the Citizenship Council. Facts concerning issues of public order or national security will not be notified to the applicant.
- In case of doubt on the contents of the Committee’s recommendations,
the Minister of Interior may forward the case to the Citizenship Council ( article 28).
- Aliens of Greek origin who are holders of alien’s residence permit of
Greek origin do not need to undergo interview before the Naturalization Committee. The Minister of Interior , Decentralization and e-Governance makes his own decision without prior recommendation by the Committee , except for special cases. The file
will be forwarded to the Committee for its recommendation only in
case of doubt on whether the interested party meets the substantial
requirements for naturalization or not.
Article 6
Article 8 of the Code on Greek Citizenship will be replaced as follows :
Article 8
Decision on naturalization – Justification
- Naturalization takes place upon decision of the Minister of Interior, Decentralization and e-Governance , which is being published in the Government Gazette .
- The decision on such application for naturalization will be taken in
conformity with the provisions of the Code on Administrative Procedure .
- The submission of a new application for naturalization is allowed
one year after the rejection of the previous application.
Article 7
Article 9 of the Code on Greek Citizenship , as ratified by Law 3284/
2004 shall include one more paragraph (paragraph 4) :
- The oath to the present article will be taken as well by the person who acquires Greek citizenship by affidavit once he/she becomes of legal age , in accordance with Article 1A of the present Code , within one year from execution of said affidavit.
Article 8
Article 12 of the Code on Greek Citizenship is being replaced as follows :
Article 12
Naturalization Committee
- There will be one Naturalization Committee for each Region and it will be composed of the following persons :
- The Head of the local General Regional Directorate who will be the Chairman
- One member of the local Higher Education Establishments, preferably from the areas of sociology , psychology or similar faculties. The member and deputy member will be
appointed by the Administration of the local Higher Education Establishment.
- One officer from the Direction of Citizenship of the Ministry of Interior , Decentralization and e-Governance.
Effective 01 January 2011 , his position will be filled by a
representative of the secondary self-government authority of
the region in which it is located the municipality where the
application for naturalization was filed. The same applies to
the acting representative .
- The Head of the Regional Direction , and
- A member and a deputy member who will be appointed by
the National Committee on Human Rights.
2. The Naturalization Committee is formed upon Decision of
the Secretary General of the Region. The Secretary General
appoints as well the Deputy Chairman and the Committee’s
Deputy members . An administrative staff of the Regional
Direction and his deputy will be appointed as Secretaries . The
person who handles the case participates in the Committee , but
he does not have the right to vote .
3. The term of the members of the Naturalization Committee is
two years.
4. The emoluments of the Committee’s members will be decided
upon by the Minister of Interior , Decentralization and e-
Governance.
Article 9
Article 19 of the Code on Greek Citizenship is being replaced as follows :
IV. Loss of Greek Citizenship
which was acquired by children of aliens
by means of affidavit or naturalization of their parents.
Article 19
- Children of alien parents who acquired Greek citizenship while they were minor by joint affidavit of their parents (provisions of paragraphs 1 and 2 of article 1A ) or by naturalization of one of their parents , in accordance with article 11 , they may renounce Greek citizenship by submitting an application and affidavit to the municipality in which they are enrolled , or if they reside abroad , they
may apply to the Greek Consular authority of the place of their permanent residence , within a deadline of one year from the date he/she became of legal age. Copy of the affidavit and application is forwarded to the Regional Directorate as well as to the Ministry of Interior , Decentralization and e-Governance .
- Within a month from receipt of the relevant file , the
Secretary General of the Regional Directorate issues a
Decision accepting the application to renounce citizenship.
The Decision is being published in the Government
Gazette.
Article 10
Paragraphs 3 and 4 will be added to Article 25 of the Code on
Greek Citizenship , to read as follows :
3. Citizenship Directions may be established in any Region by Presidental
Decree. Said Decree makes provisions as well for their head-offices ,
their structure , the duties and responsibilities of the staff , the number
of staff and their qualifications.
In particular , for the Region of Attica , there could be three Directions
while for the Region of Central Macedonia only two.
4. Every year , Regional Directorates send to the Ministry of Interior ,
Decentralization and e-Governance statistics on the acquisition or loss
of citizenship .Said statistics must be compiled until the end of March
of the following year and are being published in the Ministry ‘s web-
site . The data include the following :
- date of birth
- sex
- civil status
- residence
- duration of stay in Greece
- legal grounds of acquisition
- previous citizenship
Article 11
Article 28 of the Code on Greek Citizenship is hereby replaced as follows :
Article 28
Citizenship Council
- The Citizenship Council
a. decides on :
aa) appeals submitted by alien applicants against the recommendations of the
Naturalization Committee , or
ab) cases which are referred to the Council by the Minister
b. acts as advisory Council on citizenship cases , in conformity with the Law.
2. The Citizenship Council is formed upon decision of the Minister of
Interior, Decentralization and e-Governance and is composed of the
following members :
- An honorary member of the State Council , who acts as Chairman ,
- The Secretary General of Migration Policy of the Ministry of Interior,
Decentralization and e-Governance ,
- A legal adviser of the Government
- A professor or assistant professor specialized in Private International
Law as well as a professor or assistant professor specialized in Public
International Law or in Constitutional Law , from one of the country’s
Higher Education establishments
- The Head of the Direction of Citizenship of the Ministry of Interior ,
Decentralization and e-Governance .
The members of the Council who are absent or cannot attend shall be
replaced by their legal deputies.
3. The Head of the competent office of the Direction of Citizenship of
the Ministry of Interior participates as adviser but he does not have
the right to vote.
4. The Citizenship Council operates in conformity with the provisions of
Articles 13-15 of Law 2690/1999 (Government Gazette No. 45A).
Article 12
Article 31 of the Code on Greek Citizenship is hereby replaced as follows:
Article 31
Deadlines
- For the naturalization , the following deadlines are set by the Law from the date of submission of the application :
- The deadline from the date of submission of the application for naturalization until the date of the interview is six (6) months. Within this period of time , the competent office of the Regional Directorate is obliged to obtain the supporting documents from the other authorities as well as to secure a report by the security services of the
Ministry of Citizen’s Protection. If the application is not complete , the
deadline takes effect from the time the file is completed or from the
time that the alien submits another application with a complete file. Any delay in obtaining the supporting documents from other authorities
does not affect the processing of the alien’s file.
- The deadline of submission of the Naturalization’s Committee’s report/
recommendation to the Ministry of Interior is four (4) months after the
interview.
- The deadline for the issuance of the Minister’s decision and its
publication in the Government Gazette is two (2) months.
- The deadline for the case of citizenship is eighteen (18) months from
the date of application until the issuance of the decision.
3. In case the documents cannot be processed within the above-mentioned
deadlines , the competent authority notifies the interested party in writing
about the reasons of the delay. The same document is forwarded to the
Minister of Interior , Decentralization and e-Governance , who can order
the immediate processing of the file so as to meet the deadline set by
the Law.
4. The above-mentioned deadlines as well as the whole procedure of
naturalization may be suspended in case of pending court hearings or
court decisions which deprive the alien of his freedom for one year or
for criminal offences . Such cases constitute an impediment for
naturalization . The applicant’s appeal before the Citizenship Council or
the Minister’s decision to forward an application to the Citizenship
Council may also be grounds for suspending the case.
Article 13
Article 32 of the Code on Greek Citizenship , as it was ratified by Law
3284/2004 and is still into effect , will include one more paragraph :
(paragraph 3)
- The supporting documents which are submitted together with the affidavit and application for registration in the municipal rolls (provided for by article 1A of this Code) will be decided upon by the Minister of Interior , Decentralization and e-Governance.
CHAPTER B.
Participation of aliens of Greek descent and legally-residing migrants
in the elections of the First Degree Local Self –Administration
Article 14
The right to vote
Aliens of Greek descent and aliens from third countries may participate in the elections of the First Degree Local Self-Administration with the right to vote provided that :
- They have reached the age of eighteen.
- They have not been sentenced for a crime or for an offence which deprives them ( even if they were Greek nationals ) of their political rights (article 59 and 60 of the Penal Code ).
- They should be under one of the following categories of legally residing aliens :
- Holders of Special Card of Alien of Greek descent or family members of holders of such card , provided that they have completed 5 years of consecutive legal stay in Greece
- Holders of Residence Permit of Indefinite Duration or 10-year Residence Permit , in conformity with the provisions of Law 2910/2001 (Government Gazette 91A) and paragraph 2 of article 91 of Law 3386/2005
- Aliens who avail of the status of Long Term Residents , in accordance with the provisions of Presidential Decree No. 150/2006 (Government Gazette 160A) or paragraph 7 of article 40 of Law 3731/2008 (Government Gazette No. 263A) .
- Holders of “ Permanent Residence Permits ” , in their capacity as family members of a Greek citizen or a citizen of an EU member-state in conformity with the provisions of article 63 of Law 3386/2005 and article 17 of Presidential Decree No. 106/2007 (Government Gazette 135A) or those who are holders of Residence Permits in their capacity as family members of a Greek citizen or a citizen of an EU member-state and has been legally residing in our country for five (5) consecutive years
- If they are parents of minor Greek children and have been legally residing in Greece for five consecutive years
- If they have been recognized as political refugees or if they avail of the status of auxiliary protection or protection for humanitarian reasons , including their family members , and they have completed five consecutive years of legal residence in our country ( Presidential Decrees No. 61/1999 , 90/2008 , 96/2008 , 167/2008 and 81/2009)
- If they are holders of travel documents or special Card issued by a Greek authority in accordance with the provisions of the New York International Convention concerning the status of non-natives and provided that they have been legally residing in the country for five (5) consecutive years from the date of issuance of such documents.
- If they are holders of Alien’s Residence Permit of Greek descent and they have completed five (5) consecutive years of legal stay from the date of issuance of such permit.
Article 15
Application for enrolment in special voting registers
- The persons who are under the above-mentioned categories and
wish to vote they should file an application for their enrolment in
a special voting register of the municipality in which they
submitted their application for residence permit , provided that they
permanently reside there . The persons who are under the category
3a, 3f, 3g and 3e of the previous article should submit their
application for enrolment in the special voting register of the
municipality in which they have been residing for the last two
years.
- The persons who are entitled for enrolment in special voting
registers but have transferred to another municipality ( meaning other than the municipality which issued the residence permit ,they
may enroll in the voting register of the municipality in which they have been residing for the last two years.
- Applications for enrolment in the special voting register should
be filed together with the following supporting documents :
- Certified true copy of the valid residence permit . The person
cannot apply if he is a holder of certification of submission of
supporting documents for the issuance or renewal of residence
permit .
b. Certified true copy of a valid passport , with the exception of
those who objectively do not hold a passport , as stipulated in
paragraph 1 , section c of article 84 of the Law 3386/2005 and
paragraph 3 f, g and h of article 14.
c. The supporting documents providing evidence that a person has
been residing in the municipality for the last two years will be
required only in cases provided for by the present Law. In
general , the supporting documents providing evidence about a
person’s residence are the same as those which are applicable
to Greek citizens ( article 15 , paragraph 7 of Municipal Code).
d. Certificate of police clearance.
Article 16
How to exercise the right to vote
- The right to vote will be exercised exclusively by those who are enrolled in the special voting registers of the municipality . At the time of voting , they should be holders of one of the valid
Residence permits quoted in Article 14 of the present Law.
- Those who are enrolled in the special voting registers will
exercise their right to vote together with all other citizens in
specific polling stations .
3. The identification of the persons will be made on the basis of
their valid residence permit and their valid passport (if required).
Article 17
The right to be elected
- People who have the right to vote and are enrolled in the special voting registers of Article 15 and have completed the age of 21 at the time of the elections , they may be elected as municipal councilors or local councilors , provided that they have
sufficient knowledge of the Greek language so as to be able to
perform their duties and they meet the requirements of paragraph
1 of article 34 of the Municipal Code ( Law 3463/2006 Government Gazette No. 114A ).
2. The restrictions concerning the assignment of government positions
stipulated by article 3 , paragraph 11 of Presidential Decree No.
133/1997 , as it was amended by Presidential Decree No. 164 /
1997 , and Presidential Decrees No. 320/1999 and 130/2002 are also
applicable to the persons quoted in the previous paragraph.
3. The persons of paragraph 1 will be acknowledged as candidates
by the competent Court , as long as they have a valid residence
permit and a valid passport , with the exception of persons quoted
in paragraph 3b of article 15 of the present Law.
4. Upon submission of the candidacy , each candidate should submit
as well the following documents :
- Official declaration stating his/her citizenship and permanent
address in Greece, official declaration that he/she has sufficient
knowledge of the Greek language so as to perform his/her duties
in case he/she is elected and statement that he/she is not a
candidate in another municipality in Greece , nor he is a
candidate of another political party in the same municipality.
b. Certification of enrolment in the special voting register of the
municipality in which he/she is a candidate.
c. Certified true copy of a valid residence permit . In this case ,
the certification for submission of documents for the renewal
of the expired permit is considered valid.
d. Certified true copy of the passport , with the exception of the
cases quoted in paragraph 3b of article 15 of the present Law.
Article 18
Drafting special voting registers
- Voters of article 14 of this Law will be included in special
voting registers which will be drafted per municipality or electoral
district . Voting registers will include the following data : sex,
surname , first name , other names , father’s name , mother’s name,
name of spouse and maiden name of spouse , date and place of
birth , residence address in Greece ( street , no , district , community,
municipality ) citizenship , passport no (if required) , valid residence
permit no and special voting register no. The full name of said
voters should be either in Greek or in English letters , so as to
read the same as their other official documents. In case there is
no exact date of birth of the voter , it will be considered that
he/she was born on 01 January of the year of birth.
- Prior to the enrolment in the special voting registers , the
municipalities verify the accuracy of th e voter’s personal
data and his/her official documents through the Ministry of
Interior , Decentralization and e-Governance and the Ministry of
Citizens’ Protection . This procedure does not apply to aliens of
Greek descent , who may simply apply for a certification from
the issuing authorities of their residence permit . In case a voter’s
personal data are found incorrect , the enrolment cannot be made
and the interested party is instructed by the municipality to apply
to the competent authority for its verification.
Article 19
Updating special voting registers ,
Striking off voters
1. The provisions of articles 7 to 20 of Presidential Decree No. 96/
2007 ( Government Gazette No. 116A) are being implemented in
cases of enrolment , changes , appeals and striking off voters from
the register.
2. Voters of article 14 , paragraph 1 of the present Law can be
struck off the voting registers , as follows :
- Upon their application
- If they no longer meet the voter’s requirements
- If they acquire Greek citizenship .The Direction of Citizen-
ship is bound to inform the Direction on Elections about
any cases of naturalization .
3. The Ministry of Interior , Decentralization and e-Governance is in
charge of striking off the special voting registers all those who
are deprived of their right to vote. In this connection , the Courts
of First Instance send to the Ministry of Interior , Decentralization
and e-Governance a detailed list which enables it to identify such
voters in the special voting register . This procedure takes place
every two months ( within the first ten days ).
Article 20
Issues such as the age limit , the entitlement to the right to vote , the
impediments to such right , the eventual incompatibilities and other
restrictions in order to be elected and any other issue which is not
clearly defined in the provisions of articles 14 to 19 of the present
Law are being regulated by the provisions of Presidential Decree No.
133/1997 (Government Gazette No. 121A) , by the legislation on the
election of Members of Parliament and by the Municipal Code.
Article 21
1. During the initial implementation of articles 14 to 20 of this Law,
the deadline for enrolment in the special voting registers of article
17 expires on 30 June 2010.
2. However , an extension of the above-mentioned deadline ( not exceeding
the period of two months ) may be granted upon decision of the Minister
of Interior , Decentralization and e-Governance.
CHAPTER C.
TRANSITIONAL - FINAL PROVISIONS
Article 22
Pending applications for naturalization
- Pending applications for naturalization will be processed in conformity
with the provisions for naturalization which were in effect prior to this
Law. The Naturalization Committee takes into consideration the essential
requirements of Articles 5A and 5B of the Code on Greek Citizenship,
while its decision will be based on article 8 paragraph 2 of the same
Code. In case it is verified that the interested alien has completed at
least five consecutive years of legal residence in Greece , his / her
pending application cannot be rejected on such grounds.
2. The operation of the Naturalization Committee of the Ministry of
Interior , Decentralization and e-Governance ( including its formation and
responsibilities provided by article 12 of the Code on Greek
Citizenship, as it was into effect before its amendment by article 8 of
the present Law ) is hereby extended until the issuance of Decision on
applications for naturalization which were pending at the time that the
present Law came into effect.
3. Pending applications for naturalization and citizenship will be processed
within a deadline of three years from the date that this Law takes
effect.