Constitutional was considered the law on non -state universities by the plenary of the Council of State. POSDEP, seven academics and former SYRIZA minister George Katrougalos, had appealed to the Supreme Court of Appeal, in the capacity of the University.
In a statement issued by the President of the Council of State, it states:
In accordance with Article 34 (8) of the Presidential Decree. 18/1989, as added by article 25 of Law 4786/2021
On 2.6.2025 and 13.6.2025 the Plenary of the Council of State met in conferences related to the installation and operation of Greece Branches – Legal Entities (NPE). These cases were discussed at the hearing of 11.4.2025 in order to resolve the issues of constitutionality and compatibility with the Union 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, in view of their purpose, which consists of providing high -level higher education, in conjunction with Article 16 (1), which guarantees the freedom of education and academic freedom, and interpreted – and in accordance with its interpretation bona fide cooperation of the Member States (No. 2 and 4 par. 3) – in harmony with the law of the European Union. In particular, the above constitutional provisions are interpreted in view of the newer legislative and case law of the Law of the European Union, which relate to the provision of higher education (No. 165 TFEU), the freedom of establishment (no. On the basis of the foregoing, it is not excluded in the Constitution the establishment and operation of branches of foreign universities from the European Union or from a country affiliated with GATS, in terms of specific law, which ensures a high level of study and protects academic freedom.
Thereafter, three applications for annulment have been rejected by Professors of HEIs. and POSDEP.
B. The system of the above law, in terms of licensing and operation, does not introduce excessive restrictions on freedom of establishment (Article 49 TFEU).
Thereafter, a majority shall be rejected by a request for annulment of college.
Source: Skai
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