The Plenary Session of the Council of State has deemed Law 5094/2024, which facilitates the establishment and operation of branches of foreign universities in Greece, constitutional. Appeals made by university professors and higher education unions have been rejected.
This ruling clears the path for the launch of 12 non-state universities, with prospective students eligible to enroll as of September 2025.
Kyriakos Pierrakakis, former Minister of Education, who partnered with the current Minister, Sofia Zacharaki, in this legislative move, called the decision “historic.” Zacharaki remarked that the Council of State’s ruling “opens doors to a significant educational reform.”
Specifically, the reasoning behind the Council’s decision states that the Constitution does not prevent the establishment and operation of foreign university branches from EU member states or GATS contracting countries. This is contingent on a special law that guarantees high standards in education and upholds academic freedom.
The Council of State convened under Michalis Pikramenos on June 2 and June 13, 2025, to review cases involving the establishment of branches—Legal Entities of University Education (LEUE)—in Greece. The issues of constitutionality and compatibility with EU law regarding Law 5094/2024 were discussed during hearings on April 11, 2025.
The Court concluded:
A. The provisions of Articles 5 and 8 of Article 16 of the Constitution, aimed at ensuring high-quality higher education, are interpreted in alignment with the interpretive declaration of Article 28 of the Constitution and grounded in the principles of trust and cooperation among EU member states. This interpretation is consistent with EU law concerning higher education, freedom of establishment, and the fundamental right to create educational institutions while adhering to democratic principles. Therefore, establishing and operating branches of foreign universities from the EU or GATS countries is permissible under the Constitution, provided a special law ensures high standards and protects academic freedom.
Consequently, the three annulment petitions submitted by university professors and the Panhellenic Federation of Teaching and Research Staff Associations (POSDEP) were dismissed by a majority vote.
B. The licensing and operational requirements stipulated by the law do not impose unreasonable restrictions on freedom of establishment. Thus, the annulment petition from colleges was also rejected by majority vote.
The Content of the Appeals
It is noted that POSDEP, along with seven university professors and former SYRIZA minister Giorgos Katrougalos in partnership with POSEEDIP HE, raised appeals against the law.
The appeals’ central argument was that the law contravenes Article 16 of the Constitution, which prohibits the establishment of private higher education institutions.
POSDEP contended before the Council of State that the Constitution mandates higher education to be exclusively provided by public entities, thus barring LEUEs. They asserted that any modifications would necessitate a constitutional amendment rather than mere references to EU law. They argued that degrees from LEUEs would be regarded as equivalent to those from public universities without ensuring faculty qualifications or adequate legal protections for academic freedom.
Colleges also filed appeals, claiming that non-state universities would limit their professional activities. However, the Council ruled that the restrictions were not excessive, leading to the rejection of their appeals.
Among those dissenting regarding the colleges’ objections were 11 judges, who argued that the European Court should determine the legality of establishing non-state universities from EU or GATS countries.
The Non-State Universities
It is anticipated that over 6,000 students will enroll in private universities starting September 2025, with around 100 to 120 study programs expected, most initially located in Attica and some in Thessaloniki.
According to applications from foreign universities for establishing LEUEs in September 2025, the review process by the Hellenic Authority for Higher Education (HAHE) will mirror the protocols for public universities and include several stages:
- Phase A: Review of the Licensing File by HAHE and EOPPEP (concerning infrastructure).
- Phase B: Initial Accreditation of Study Programs by HAHE, leading to the issuance of an Operating License.
- Phase C: Annual reporting of operational data and periodic accreditation of Study Programs by HAHE.
The Statements
Following the Council of State’s ruling on Law 5094/2024, Minister of Education Sofia Zacharaki emphasized that this decision marks a significant step for educational reform. She noted that allowing branches of international universities in Greece is vital for enhancing academic diversity and choices in higher education, positioning Greece as a regional hub for knowledge and opportunities.
Zacharaki reaffirmed the critical role of public universities, which have seen substantial improvements in recent years, highlighting that both public and private institutions collectively aim to enhance higher education and provide better opportunities for students. She assured that the government is committed to maintaining educational quality through robust evaluation and oversight mechanisms focused on the public interest and Greece’s elevation in the global education landscape.
Finance Minister Kyriakos Pierrakakis cited the Council’s decision as validation of efforts to dismantle barriers and provide students with more educational options. He framed it as a “historic decision” and a significant leap forward, noting a previous reliance on studying abroad due to limited local options. Pierrakakis emphasized the importance of synergy between non-state and public universities to foster competitiveness and attract investments in research and innovation.
Deputy Minister for Higher Education, Professor Nikos Papaiouannou, hailed the ruling as a strong affirmation of the government’s reform agenda and emphasized that establishing foreign university branches should be viewed as a chance for renewal and positive competition, not as a threat to public institutions. With 12 foreign universities expressing interest, Greece is becoming an appealing destination for both educational endeavors and investments. Papaiouannou reiterated the government’s commitment to supporting public universities while working to elevate the overall educational framework.
Evangelos Venizelos remarked on the ruling’s “immense interpretive significance” and expressed satisfaction that his theoretical approach concerning the “augmented Constitution,” corresponding with EU law and the ECHR, has been recognized.
Reactions from the New Left were negative, with Nasos Iliopoulos vehemently criticizing the private university decision, branding Greece as a “banana republic – circus justice.” Similarly, the Communist Youth of Greece (KNE) called on students to defend their right to an exclusively public and free education in light of the recent ruling.
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