From Constitutional Prohibition to Legal Opening
The core of Greece’s academic system is the public higher education provided exclusively by state-run universities, which are constitutionally recognized and tuition-free. For decades, there has been an ongoing debate regarding Greece’s constitutional framework, which restricts the establishment of private universities, particularly given the fact that private universities are permitted in other EU Member States. In particular, Article 16 of the Greek Constitution expressly reserved the provision of higher education to public legal entities, with professors classified as public servants. This constitutional provision allows foreign universities to legally operate in Greece through affiliated colleges or institutions; however, these entities are not formally recognized as part of the national higher education system and do not hold the same academic status as Greek public universities. With its landmark ruling of 16 June 2025, the Council of State upheld the constitutionality of Law 5094/2024, thereby reshaping the existing legal landscape. Said law introduced a new regulatory framework for foreign university branches in Greece, sparking intense public and academic debate over issues of educational sovereignty, constitutional limits, and the role of private providers in higher education. The Council of State found that the new framework does not violate Article 16 of the Greek Constitution but is consistent with Greece’s obligations under EU law and international commitments, including the freedom of establishment and the free provision of services.
