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Constitutional Law / Droit constitutionnel 2007 Greece / Grèce

2008 / Vol. 20, No. 4, (70)
Digital Edition

Constitutional Law / Droit constitutionnel

Greece / Grèce

Andreas I. Pottakis

PhD in Law (Oxon), Attorney at Law, Deputy Director of the Academy of Euro­pean Public Law

Concluding the 2007 chronicle on Greece, the present author noted that “the recog­nition of the equivalence of degrees awarded by private educational institutions that have established partnerships with other EU HEI, with those awarded by Greek Universities, may eventually come as a result of the jurisprudence of Euro­pean Courts and not by an initiative that commands the consent of the enhanced majority of people’s representatives in Parliament, as a revision of Art. 16 of the Hellenic Constitution entails”. After a failed attempt to revise the constitutional provision on higher education, and in anticipation of judicial ruling from both the ECJ and national administrative courts, the Greek Government put forward a new piece of legislation, in yet another attempt to somehow regulate the system of higher education in Greece in such a way as to comply with relevant EC law, while at the same time not infringe the relevant provisos of the Constitution of the Hel­lenic Republic. Given that in Greece the success of a piece of legislation is judged not only and/or predominantly with respect to its clarity, the quality of its formula­tion, or the extent to which it comprehensively tackles the issue under considera­tion, but more importantly its degree of implementation, its applicability and en­forceability, only time will tell if this new legislative initiative will eventually have the same fate as several others in the past, that of disparagement and eventual in­applicability.


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