I. Historical Background
During the Christian Byzantine Empire there existed a form of caeseropapism, a system which can be described as “State-law rule”. With the fall of Constantinople in 1453 the system changed. The Church got political power to regulate all Orthodox activities concerning State rule. The War of Independence of 1821 brought a new change. The Eastern Orthodox Church became the prevailing religion and the freedom of worship was guaranteed. With the Establishment of an absolute monarchy with Prince Otto of Bavaria as king, the Church became a subject to the monarch. That had the consequence that State’s rule was imposed on the Eastern Orthodox Church.
II. Social Facts
The Greece population amounts to 10.5 million people. 95 % of the population are members of the Eastern Orthodox Church. Other religious groups are much smaller: Muslims, Roman Catholics, Protestants, Jehovah’s Witnesses, Armenians, and Jews (in order of size).
III. Basic categories of the system
In Greece the Eastern Orthodox Church is the official religion of the State. In Consequence the Orthodox Church gets compared to other faiths and religions a special and favourable treatment. It has an own legal status being a legal person under public law.
IV. Cultural and social exercise of functions
There are religious education courses in primary and secondary schools. They are taught by teachers in primary schools and by graduates of theology in secondary schools. The payment is guaranteed by State, the appointment and the syllabus by the Church. Due to the principle of religious freedom, the courses in religious education are non-obligatory.
Each religious group is allowed to have own schools.
The theological faculties of the Universities of Athens and Thessaloniki offer theological studies. It is possible also for non-Orthodox students to attend.
V. Legal foundations
The Constitution of 1975 describes in several articles the relationship between Church and State (Art. 3, 13 and 72).
Article 3 determines the position of the Church of Greece. The Orthodox Church is the prevailing religion. It is inseparably united in doctrine with the Great Church of Christ in Constantinople and with every other Orthodox Church. This article guarantees also the Church autocephaly in Greece. It does not unite all members of the Orthodox Church. There are five distinct ecclesiastical provinces in Greece, each with a different church. They can choose between an autocephalous or autonomous status. Autocephaly means that the church is spiritually self-sufficient and independent in administration in contrast to the autonomous status being only independent in administration.
Article 3 of the Constitution stipulates as well the phrase “observing unwaveringly, as they do, the holy apostolic and synodal canons and sacred traditions”. This formulation was interpreted in many ways and the constitutional validity of the Holy Canons is still part of a controversial debate. The theory supported by the Church regards any legislation as unconstitutional which is in opposition to the Holy Canons. The other view supported by jurisprudence and public administration estimate only the Holy Canons concerning the dogma of the Church and not the administration constitutionally validated.
Article 13 of the Constitution guarantees religious freedom in Greece. Article 13 (1) points out the freedom of conscience which is granted without limits. The freedom of worship (Art. 13 (2)) has certain restrictions though.
Article 72 guarantees the self-government of the church.
In Greece religious and civil marriage are equally valid. But there are still restrictions made by the Orthodox Church.
There is no church tax in Greece. The prevailing religion is supported by the State with direct and indirect subventions. He pays salaries and pensions of priests, deacons, prelates and laity employed by the Orthodox Church. The Orthodox Church as well as the Churches of other religious denominations benefit from various tax-exemptions.