“The main and basic of this proposal of the government is the establishment of branches of foreign universities, mainly of the European Union, but also of the countries that are in the GATS. This I do not believe that it infringes or violates Article 16 with this wording, because I cannot accept that in interpreting the word establishment I should interpret it in such a way as to prohibit annexes as well”.

With the formulation of the above legal opinion, Antonis Manitakis, emeritus professor of Constitutional Law, speaking in the First Program 91.6, argued that exactly as the provision for the establishment of non-state universities has been presented and in this form, it respects the Constitution. “The Constitution expressly says that the establishment of private schools, that is, the establishment of private universities, is prohibited. From the announcement of the government, the conclusion is drawn that the new establishment of new universities is not allowed,” he noted.

Mr. Manitakis pointed out that there is a gap that needs clarification and this is as follows.

“When it says, establishment is prohibited, does it mean that annexes are also prohibited? So since there is an interpretative question on this matter anyway, I have to resort to the interpretations of this article. If they pay attention, they will see that this provision of the Constitution is a provision limiting academic freedom which is expressly declared in the first paragraph of the same article, article 16, that academic freedom is free. Second, we have been in the European Union for years now.

We must respect the law of the European Union, which although does not have a superior force and does not abolish the Constitution, simply, when we interpret the Constitution for the powers that have been assigned to the European Union, as it is also, i.e. academic freedom, when there is no reservation of the article – we said before that the article currently has no express reservation – then we must apply the Constitution as a priority.

Because by joining the European Union we assigned clear powers and for these powers European law has priority, it prevails and we must respect it. And recently, a few years ago, a Charter of Human Rights was adopted by the European Union, in which it explicitly states that academic freedom includes the establishment of private universities,” said Mr. Manitakis.

“So I have to interpret this provision with the internal data, because it is restrictive of a general freedom recognized by the Constitution and European law, to interpret it in its components. So when I have a loophole, as in this case, I can obviously interpret it in accordance with European Union law, without finding myself in breach of Article 16, which in terms of its prohibition mandate, which says that it is prohibited the establishment of universities is still valid and produces legal results” added the professor.

Mr. Manitakis appeared confident that the order would be challenged. “An appeal will be made to the Council of State by organizations and private colleges, because they also have a legitimate interest in doing this,” noting, however, the existing status for these institutions, it is not affected.

“Those who will appeal will ask the Council of State to temporarily suspend the decision. With all the data we have, because it has been discussed, because it has matured, because the colleges and the equality of professional rights have been recognized, I think the most likely, and the government is probably optimistic about this, that the Council of State will not dare to suspend the execution of the relevant provision of the law and will request to appeal to the competent European Court because there is a question of interpretation or relationship of the Constitution with European law. If such an issue arises, which will definitely arise, the Court is obliged to make a preliminary inquiry to the European Court, but the parties may also appeal.

So, an appeal will be made to the European Court and the European Court will rule. But let me say one more thing. When there is the opinion of Vassilis Skouris, who was for twelve years, broke every record, President of the Court of the European Union and even defended the priority of applying Community law over the Constitution, because we also had the precedent with the main shareholder, I can hardly to imagine that the Court of the European Union will consider that European law is not violated with the prohibition provided for by the Constitution” Mr. Manitakis also said.

According to what the professor mentioned, in all probability the European Court will consider that European law prevails.

“When an issue of compatibility with European law arises, it is important to answer the question of whether this regulation of the law that will be introduced is compatible with European law. He will appeal to the court and I think it is very likely that the Court will say, this provision of the law is compatible,” he explained.

Article 16 has already been violated with the 33 colleges

Asked why the reaction shown on this specific issue in our country is due, Mr. Manitakis stated that there are still ideologies. “I don’t understand, I consider this discussion exhausted. Is it possible for so many years to discuss this provision, for specific historical reasons, which has been violated by the colleges?

The 33 colleges that we have, with the full recognition and equality of professional rights, is essentially in conflict with Article 16. It has, I would say, violated Article 16 with the jurisprudence on colleges. And the Council of State has accepted this, precisely because it applied European law. We are in the European Union and we must respect that.”