The Greek Council of State has ruled that the law introduced by Kyriakos Pierrakakis concerning non-state universities is constitutional. This decision marks a significant development in Greece’s higher education landscape, paving the way for institutions outside the traditional public university system to operate legally under state regulation.

At the same time, according to reports, the Plenary Session of the Council of State (CoS) has ruled—by majority—that Law 5094/2024, which allows the licensing, establishment, and operation of branches of foreign universities in Greece, is constitutional, along with the relevant ministerial decisions.

It was also determined that “the Constitution does not prohibit the establishment and operation of branches of foreign universities originating from either the European Union or countries that are signatories to the GATS, under the terms of a special law that ensures a high standard of education and protects academic freedom.”

As previously indicated by the President of the CoS, Michalis Pikramenos, during the April 11, 2025, hearing on the annulment applications, the Plenary adopted an evolutionary and expansive interpretation of Article 16 of the Constitution, which governs university operations in Greece.

According to an official announcement by President Pikramenos:
“On June 2 and June 13, 2025, the Plenary of the Council of State convened to deliberate on cases regarding the establishment and operation in Greece of branches of foreign Higher Education Institutions (HEIs) in the form of Legal Entities for University Education (LEUEs). These cases were heard on April 11, 2025, in order to resolve constitutional and EU law compatibility issues arising from Law 5094/2024.”

The Court ruled as follows:

A. The provisions of paragraphs 5 and 8 of Article 16 of the Constitution—when considered alongside its purpose of ensuring high-quality higher education and with paragraph 1 which guarantees freedom of education and academic freedom—are interpreted (according to the interpretive clause of Article 28 and based on the principles of mutual trust and sincere cooperation among EU member states per Articles 2 and 4(3) TEU) in harmony with EU law.
Specifically, these constitutional provisions are interpreted in light of recent legislative and judicial developments in EU law relating to higher education (Art. 165 TFEU), freedom of establishment (Art. 49 TFEU), and the fundamental right to establish educational institutions while respecting democratic principles (Art. 14(3) of the EU Charter).
Based on the above, the Constitution does not prohibit the establishment and operation of branches of foreign universities from EU countries or GATS signatories, provided a special law ensures educational quality and academic freedom.

As a result, the Court rejected by majority three annulment applications submitted by university professors and the Federation of University Teaching and Research Staff Associations (POSDEP).

B. The system established by Law 5094/2024 concerning licensing and operational requirements does not impose excessive restrictions on the freedom of establishment (Article 49 TFEU).

Accordingly, the Court also rejected, by majority, an annulment application submitted by private colleges.

More specifically, under the presidency of Michalis Pikramenos and the reporting judges Konstantina Koniditsiotou-Kollia and Christina Bolofi, four annulment petitions were heard on April 11, 2025. These had been filed by POSDEP, university professors, and private colleges, challenging ministerial decisions issued under Law 5094/2024, which permits the establishment of private university branches in Athens and Thessaloniki.

Law 5094/2024 regulates the licensing and operation in Greece of foreign Higher Education Institutions (both public and private) through Special Purpose Legal Entities known as Legal Entities for University Education (LEUEs), whose students pay tuition fees.

The petitioners had requested that the CoS block the establishment and operation of these private universities, arguing it violates the Greek Constitution, and sought annulment of two ministerial decisions issued under the law’s authority.