The central issue of the latest constitutional review process (2019) was the establishment of more specific rules regarding the voting of voters outside the territory of Greece. In this context, it was provided, inter alia, that the executive law of the Constitution on the regulation of expatriate voting “may provide that certain places on the state ballot of each party (…) shall be compulsorily occupied by expatriate Greeks” (Article 54 par. 4 par. b’S).

From the very wording of the provision of the Constitution, it can be seen that in this case the right of the legislator is established to establish protective rules for the voting of emigrants, in order to ensure their parliamentary representation, in harmony with the duty of the state “to take care of the life of foreign Hellenism and maintain its ties with the homeland” (Article 108 S ).

It is clear that the freedom of action of the legislator must be exercised in accordance with the fundamental principles governing the electoral process and voting, and therefore in accordance with the democratic principle.

Taking into account the new constitutional framework, Law 4648/2019, which facilitates the exercise of the right to vote by voters outside the territory of Greece, new provisions have been added to the legislation on the election of deputies. In accordance with these provisions, it is provided that at least one fifth (1/5) of candidates for deputies of state bodies are persons registered in special electoral lists abroad, if any, of which at least one (1) must necessarily occupy the first three (3) seats (Article 34A of Presidential Decree 26/2012). Thus, the legislator practically used the freedom granted by the Constitution, which at first glance is assessed positively, based on the foregoing.

Fewer than 5,000 foreigners can elect 2 to 3 representatives, and a constituency of 50,000 voters is classified as unicameral.

However, the only condition for the activation of the provision is the presence of persons registered in special lists of foreign voters. However, representatives of even a very small number of foreign voters may be given privileged access to parliament at the expense of the representation of other citizens in accordance with the applicable electoral system. For example, fewer than 5,000 non-resident voters can elect 2 to 3 representatives, while a constituency with about 50,000 voters is classified as unicameral.

Consequently, the question arises of respecting the principle of equality of votes, in which an equal influence on the result of the elections is assigned. Relevant provisions of the electoral law need to be amended to take into account quantitative criteria, in the same way as is usually provided for in the electoral law.

Ms. Aikaterini N. Iliadou is an Associate Professor at the Faculty of Law of EKPA.