The CoP was in favor of the university police – What the Plenary decided

By Ioanna Mandrou

In favor of the establishment university police decided by its Council with a decision of its Plenary Session, judging that the academic freedom and the self-government of the universities are not violated.

The Supreme Court also ruled that the establishment of the university police is deemed necessary for reasons of public interest and in particular in the protection of public order and security, but also in ensuring the unimpeded exercise of academic freedom.

Constitutional ruled by @SEpikrateias his law @minedu & @yptpgr for the Protection Institutions of University Institutions. We are dynamically advancing our policy for a modern, safe environment of knowledge, teaching, research, as it deserves in our universities. Education is changing #In practice https://t.co/T6YrP8FXY4

– Niki Kerameus (@nkerameus) May 11, 2022

The announcement of the President of the Council of State Dimitrios Skaltsounis in detail:

“The Court rejected the applications, since, among other things: 1) It ruled unanimously that the contested acts are based on provisions of the current legislation on special guards. 2) It unanimously ruled that the contested notice concerns the recruitment of special guards, which were established at the Ministry of Citizen Protection with the provisions of article 18 par. 5 of law 4777/2021. 3) Decided (with a minority of six members) that it does not violate the principles of academic freedom and full self-government of HEIs (article 16 par. 1 and 5 Coll., Respectively) or – beyond the provision of security measures and protection of persons and infrastructure in HEIs , competence of these same bodies (articles 12-17 Law 4777/2021) – establishment of IPPI, which are formed (and) by special guards, who are hired for this purpose, receive special training, do not carry a firearm and are obliged to cooperate with the university authorities and institutions (articles 18-20 Law 4777/2021), because: a) when the legislator considers that the public interest, which consists in the protection of public order and security but also in the very guarantee of its unimpeded exercise academic freedom, imposes policing on the premises of HEIs following a series of more lenient measures of security and protection of the staff and property of HEIs, which were deemed inappropriate by the legislator In order to serve these purposes, the above constitutional provisions, which do not guarantee “asylum” independently, do not oblige the legislator to entrust to the HEIs the responsibilities of maintaining public order and security, more specific aspects of which are the prevention and suppression of crime, exercised according to the Constitution by the State through security bodies such as ELAS, b) no participation of OPPI in an administrative body of universities is provided. 4) It ruled unanimously that no provision of Law 4777/2021 indicates that the other individual freedoms (trade union, personality development, personal, movement and establishment) are endangered, which are invoked. 8) Decided (with a minority of four members) that the provisions of article 18 par. 4 of law 4777/2021, as well as the current legislation define the mission, responsibilities and duties of IPPI, as well as further the qualifications and criteria the issues, which are authorized by articles 18 par. 6 and 20 of the same law, it is imposed by the authorizing provision itself to be regulated not at the present stage of the tender announcement positions of special guards for the staffing of OPPI neither at the stage of their training but before the placement of OPPI in the HEIs.

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