Greece Braces for Landmark Court Ruling on Private Universities

11:46 5/4/2025 - Πηγή: Dikaiologitika

Currently, Greece is one of the few countries in the European Union that explicitly prohibits private universities.

Greece is approaching a pivotal legal moment that could reshape its higher education system. On April 11, the country’s Supreme Administrative Court, the Council of State, will convene in full session

to deliberate on the constitutionality of allowing private universities to operate within its borders- a development that would mark a dramatic shift from a long-standing constitutional ban.

At the center of the legal challenge is Law 5094/2024, which permits the establishment of branches of foreign universities in Greece under a new legal framework known as University Education Legal Entities (NΠΠΕ). The law has sparked intense debate and political controversy, as it directly touches on Article 16 of the Greek Constitution, which mandates that higher education must be provided exclusively by public institutions under state supervision.

The case was brought before the court by the Panhellenic Federation of University Faculty Associations (POSDEP) and seven university professors. With the issue deemed of major constitutional importance, it will be heard by the court’s full Plenary, under the leadership of Council President Michalis Pikramenos. The ruling will be final and binding, making it a landmark decision for the future of education in the country.

Since Greece’s Constitution forbids the direct operation of private higher education institutions, the plaintiffs have focused their legal challenge on the ministerial decisions issued under Law 5094/2024, arguing that they facilitate the creation of private universities through a legal workaround.

In their petition, the university professors claim the new law threatens the survival of existing public university departments and undermines the quality and integrity of Greece’s public higher education system. They argue that recognizing faculty from NΠΠΕs- who are not subject to the same rigorous selection and evaluation standards as public university professors- erodes academic standards and violates the spirit of Article 16.

Moreover, they argue that the legal framework introduced by Law 5094 lacks clear criteria for academic quality and gives foreign parent institutions near-total freedom in how they operate their Greek branches. This, they say, results in a system with minimal oversight or accountability- contrary to both Greek constitutional requirements and European legal norms.

The court’s ruling will not only determine the legality of the specific provisions under dispute but also set a broader precedent about the role of private entities in Greek higher education. In doing so, it will likely shape Greece’s approach to education reform and its alignment with broader European trends.

Currently, Greece is one of the few countries in the European Union that explicitly prohibits private universities. Proponents of reform argue that lifting this ban would modernize the country’s education system and help retain Greek students who often study abroad. Opponents, however, warn that such a move could undercut public universities and deepen educational inequality.

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