The Plenary Session of the Council of State ruled Law 5094/2024 on the establishment and operation of branches of foreign universities in Greece as constitutional, while appeals filed by university professors and higher education unions were dismissed.

Thus, the way is now open for the operation of a total of 12 non-state universities, with prospective students able to enroll starting in September 2025.

Kyriakos Pierrakakis, former Minister of Education, who led the legislative effort along with the current Minister of Education, Sofia Zacharaki, called the decision “historic,” while Zacharaki stated that the Council of State’s ruling “paves the way for the implementation of a historic educational reform.”

More specifically, according to the reasoning of the Council of State’s decision, which ruled the establishment of Non-State Universities in Greece constitutional, under strict conditions and in alignment with European law:
“The Constitution does not prohibit the establishment and operation of branches of foreign universities originating from the European Union or from countries that are contracting parties to GATS, provided that a special law ensures a high level of studies and protects academic freedom.”

As stated in the decision of the Plenary Session of the Council of State, presided over by Michalis Pikramenos:
“On June 2 and June 13, 2025, the Plenary Session of the Council of State convened to deliberate cases concerning the establishment and operation in Greece of Branches – Legal Entities of University Education (LEUE). These cases were heard on April 11, 2025, in order to resolve issues of constitutionality and compatibility with EU law of the provisions of Law 5094/2024.

The Court ruled the following:

A. The provisions of paragraphs 5 and 8 of Article 16 of the Constitution, given their purpose of providing high-level higher education, combined with paragraph 1 of Article 16 which guarantees freedom of education and academic freedom, are interpreted – in line with the interpretive declaration of Article 28 of the Constitution and based on the principles of mutual trust and good faith cooperation of EU Member States (Articles 2 and 4(3) TEU) – in harmony with EU law. Specifically, these constitutional provisions are interpreted in light of the latest legislative and judicial developments in EU law, which relate to higher education (Article 165 TFEU), freedom of establishment (Article 49 TFEU), and the fundamental right to establish educational institutions while respecting democratic principles (Article 14(3) of the Charter of Fundamental Rights).
On this basis, the establishment and operation of branches of foreign universities originating from the EU or GATS contracting countries are not prohibited by the Constitution, provided a special law ensures high-level studies and protects academic freedom.

As a result, three annulment petitions filed by university professors and POSDEP (Panhellenic Federation of Teaching and Research Staff Associations) are dismissed by majority vote.

B. The licensing and operation requirements under the law do not impose excessive restrictions on the freedom of establishment (Article 49 TFEU).
Accordingly, the annulment petition filed by colleges was also dismissed by majority vote.”

The Content of the Appeals

It is recalled that POSDEP (Panhellenic Federation of University Teaching and Research Staff Associations), seven university professors, and former SYRIZA minister Giorgos Katrougalos, in cooperation with POSEEDIP HE, filed appeals against the law.

The common ground of the appeals was that the law violates Article 16 of the Constitution, which prohibits the establishment of private higher education institutions.

In particular, POSDEP argued before the Council of State that the Constitution mandates that higher education be provided exclusively by public legal entities, thus prohibiting the establishment and operation of LEUEs (Legal Entities of University Education, i.e., branches of foreign universities). Any change, they argued, would require constitutional revision and not merely reference to European Union law.
It was also argued that LEUE degrees would be considered equivalent to public university degrees, without requiring faculty to possess equivalent qualifications or ensuring equivalent legal guarantees to safeguard academic freedom.

Colleges also filed appeals, claiming that the establishment and operation of non-state universities would restrict their professional activities. The Council ruled that these restrictions are not excessive and therefore rejected their appeals.

Regarding the colleges’ objections, 11 high-ranking judges dissented, arguing that the European Court should decide whether the establishment of non-state universities from the EU or GATS countries is permissible.

The Non-State Universities

The number of students who may enroll in private universities as of September 2025 is expected to exceed 6,000. About 100 to 120 study programs are anticipated, with most private universities initially operating in Attica and some in Thessaloniki.

According to foreign universities’ applications for the establishment of LEUEs in September 2025, the following apply:

Which Private Universities Will Begin Operating in September After the Council of State’s “Green Light”

The LEUE review process by the Hellenic Authority for Higher Education (HAHE), which follows the exact procedures and criteria used for public universities, includes the following stages:

• Phase A: Review of the Licensing File by HAHE and EOPPEP (for infrastructure).
• Phase B: Initial Accreditation of Study Programs by HAHE and granting of Operating License.
• Phase C: Annual reporting of operational data by HAHE and periodic accreditation of Study Programs, again by HAHE.

The Statements

With the Plenary Session of the Council of State ruling Law 5094/2024 constitutional, Minister of Education, Religious Affairs and Sports Sofia Zacharaki stated that “the way is open for the implementation of a historic educational reform.”
“The legalization of establishing and operating branches of international universities in Greece is a crucial step towards strengthening academic diversity and freedom of choice in higher education,” she emphasized.
Regarding the arrival of 12 prestigious foreign universities in Greece, she underlined that this “enhances the internationalization of Greek education and positions Greece as a regional hub of knowledge and opportunities.”

She also emphasized the important role of public universities, which have been significantly strengthened in recent years, noting that both public and private universities share the common goal of collectively upgrading higher education and offering more and better choices to students.
Beyond their purely educational contribution, she noted that the new framework will also play a key role in the country’s economic development and the enhancement of its human capital.

However, she stressed that “the government remains firmly committed to ensuring the quality of studies through strong evaluation mechanisms and institutional oversight, guided by the public interest and Greece’s long-term upgrade on the global educational map.”

Finance Minister Kyriakos Pierrakakis, who as Minister of Education introduced Law 5094/24, stated regarding the Council of State’s decision that it “vindicates our will to tear down walls, break rooted taboos, overcome dogmas, and offer more options and opportunities to students who wish to study in our country.”
He called it a “historic decision,” marking “a major step forward and a boost in confidence.”
He stressed that, until now, many used the Constitution as a pretext, forcing students to study abroad due to lack of options in Greece.
He also noted the importance of harmonious coexistence between non-state and public universities, highlighting that this “enhances academic competitiveness, attracts investments in research, innovation, and international cooperation.”

Deputy Minister for Higher Education, Professor Nikos Papaiouannou, referred to the Council of State’s decision as “confirmation—indeed in the strongest terms—of the government’s emblematic reform policy under Kyriakos Mitsotakis and the constitutional soundness of Law 5094/2024 introduced by then Minister of Education, Kyriakos Pierrakakis.”
He noted that with this ruling, “the possibility of establishing and operating branches of foreign universities in Greece is safeguarded, not as a threat to public universities, but as an opportunity for renewal, interaction, and healthy competition.”

Referring to the strong interest already shown by 12 leading foreign universities to establish branches in Greece, Professor Papaiouannou emphasized that “Greece is becoming an attractive destination not only for studies but also for educational investments.”
At the same time, “public universities remain the cornerstone of our educational system. The Mitsotakis government has strengthened them with increased funding and new development opportunities. The framework we have shaped offers students more opportunities and institutions more tools to grow, collaborate, and compete with extroversion and quality.”
He added that “the new chapter in higher education is not written through exclusions but with inclusion, freedom of choice, and trust in the academic community.”

Regarding the Council of State’s ruling on the constitutionality of the non-state university law, Evangelos Venizelos emphasized its “immense interpretive significance,” stating:
“I am pleased that the theoretical approach I have proposed on the concept of the ‘augmented Constitution,’ which emerges through interpretation in line with EU law and the ECHR, has been accepted.
I am pleased that the interpretative declaration of Article 28 of the Constitution, which I proposed during the 2001 revision, has found practical application. It is an honor for Professor V. Skouris, former President of the ECJ, and myself that the Council of State adopted the positions we developed in our joint legal opinion.”

Reactions were recorded from the New Left, with Nasos Iliopoulos harshly criticizing the decision on private universities, calling Greece a “banana republic – circus justice.”
In the same vein, the Communist Youth of Greece (KNE) called on students to “defend their right to modern, exclusively public and free education” following the decision.