Private universities: First appeals against their establishment in Greece

The first “wave” of appeals were filed against their establishment and operation in Greece. In particular, the Panhellenic Federation of Associations of Teaching Research Staff (POSDEP) and seven university teachers appealed to the Council of State. The applications for cancellation are directed against the provisions of Law 5094/2024 which provide for the establishment and operation of annexes to foreign universities in the form of a Legal Person for University Education (SPE). In particular, the two ministerial decisions adopted last October are called for to be annulled in accordance with the law. Law 5094/2024 provides for the regulation of the authorisation, establishment and operation in Greece of annexes to parent institutions in the form of legal persons of university education, as legal persons of private law. The cancellation applications show a number of legal arguments and it is claimed that the provisions in question are unconstitutional. Among other things, university professors stress that the establishment of private universities is going to lead to the closure of Departments of Universities in Greece at the expense of public higher education and its ICP members. According to the applicants, the contested ministerial decisions are void as they were issued in the implementation of unconstitutional provisions of Law 5094/2024 which provide for the institution of the ICMs. In particular, they stress the following: ‘The contested ministerial decisions have a legal basis for legislation contrary to the Constitution and European Union law’, for the following reasons: (1) It is contrary to Article 16 of the Constitution which prohibits the provision of higher education by bodies in the form of legal persons governed by private law; (2) they violate the constitutional status of members of the ICC pursuant to Article 16 of the Constitution and Article 110 on the rule of law; (3) they violate Article 43 of the Constitution as Presidential Decrees had to be issued on: (a) the legal form of the ICPs, (b) the equivalence of the qualifications granted, (c) the status of the teachers of NPEs, (d) the law governing the functioning of the ICMs and (e) the guarantees of the quality of studies and above all.’ Furthermore, according to the appeals, the contested ministerial decisions “not only are not enforced by European law, but this recognises the strict Constitution as an element, protected by the European legal order, in the context of national constitutional identity, while the provisions of Law 5094/2024 and the legal nature of the SPS are contrary to European Union law.” At the same time, the appeals point out that the provision of Law 5094/2024 on private universities, “is in clear contrast to the absolute prohibition by the Constitution of another form of legal persons, except for the provision of higher education and because of this unconstitutionality the contested acts must be annulled.” Moreover, they note that Article 16 of the Constitution is violated because of “the lack of clear criteria and the complete vagueness of the provisions of Law 5094 of 2024 regarding the conditions and minimum quality of the educational and the agreement between the parent institution and the annex to Greece.” That is, “whitely granted general and indefinite authorisation by law to the existing foreign parent institution”. Moreover, it is noted in the applications for annulment that neither state supervision of the ICMs in question, as required by the Constitution, nor is it in conformity with EU law, “the provision for non-profit legal persons of university education”.