The academic community is collectively appealing to the Council of State (Supreme Administrative Court) to block the establishment and operation of private universities in Greece (Athens and Thessaloniki), as it violates several constitutional provisions and beyond.
The first wave of petitions challenging the establishment and operation of private, non-profit foreign university branches has been filed with the Council of State, with more expected to follow. All cancellation applications will be referred to the Supreme Administrative Court’s plenary session.
It is reminded that the application process for operating licenses for foreign universities begins on January 2, 2025, and ends on March 1, 2025.
The Hellenic Federation of Associations of University Research and Teaching Staff (POSDEP) and seven university professors filed the petition, essentially seeking the annulment of the provisions of Law 5094/2024 as unconstitutional. This law allows for the establishment and operation of branches of foreign universities as Legal Entities of Higher Education (NPPPE).
Since Law 5094/2024 itself cannot be directly challenged, the academic community is seeking the annulment of two ministerial decisions issued last October under this law.
These decisions regulate:
- The procedure for submitting guarantee letters and the allocation of fees for the submission of license applications for the establishment and operation of foreign university branches.
- The process for applying for licenses, defining internationally recognized entities for university ranking, and setting standards for branch operation.
Under Law 5094/2024, the licensing, establishment, and operation of branches of parent institutions as legal entities of private law are regulated. These branches award degrees recognized in higher education, are affiliated with universities accredited in other EU member states or third countries, and are licensed following an evaluation by the competent state authorities.
The professors emphasize that the establishment of private universities may lead to the closure of university departments in Greece, harming public higher education and its academic staff.
They argue that the constitutional interest is based on Article 16 of the Constitution, citing moral and legal reasons, including the impact on their credibility as professors. The law does not require that NPPPE professors meet the same qualifications, academic freedom, and career progression standards as those outlined in Article 16.
The professors further argue that the ministerial decisions are invalid because they were issued to enforce unconstitutional provisions of Law 5094/2024, which establishes the NPPPE model.
Specifically, they point out:
- The provisions contradict Article 16, which prohibits higher education from being provided by private legal entities.
- They violate the legal framework for academic staff outlined in Articles 16 and 110.
- Presidential decrees should have been issued to regulate the legal form, equivalence of degrees, the legal framework for NPPPE professors, quality assurance, and operational rules.
Additionally, they assert that the provisions are not mandated by European law, which protects national constitutional identity under the EU legal framework.
They also highlight that the lack of clear criteria and vague provisions regarding the educational standards and agreements between parent institutions and branches grants excessive power to the foreign institutions, violating constitutional safeguards.
Finally, they argue that the absence of state supervision of NPPPEs is unconstitutional, and the non-profit model conflicts with EU law and constitutional requirements for higher education.
