The decision of the Plenum of the State Council is changing the landscape of professional recognition of degrees from European universities and Greek colleges operating in our country as branches of European universities. The decision states that “the competent authorities of a Member State of the European Union, when issuing a license to practice a profession, must take into account all diplomas, certificates and other titles, as well as the relevant experience of the person concerned”, in the process of recognizing a degree of professional equivalent, for which previous training was taken into account regardless of its level. In essence, the solution makes it possible to take into account previous studies in educational institutions, regardless of their classification (for example, in universities, as well as Greek and European universities, etc.), as well as work experience, in the professional recognition of degrees from colleges-affiliates of European universities. Of course, the competent authority of the Ministry of Education, if it considers it as such, can set conditions, for example. exam in courses or practical training, for the recognition of the degree, but not for the rejection of the application, because part of the training was not carried out at the same institution. With its comment “K”, the Ministry of Education clarifies, demonstrating the importance of the decision: “The Ministry of Education implements the decisions of the State Council. New applications will be considered on the basis of Presidential Decree No. 38/2010 and the latest developments in the case law of the Supreme Court.”

In particular, the history of the case is as follows: the Greek studied accounting in a free educational laboratory until 2008, when law 3696/2008 on colleges came into force. He then entered straight into the second year of a three-year program at the Greek College, which functioned as a branch of a British university. For enrollment immediately in the second year (and not in the first), the above-mentioned civics in the humanities workshop were taken into account, which British universities considered equivalent to the first year of study at a university. relevant program of the specified British university, in accordance with its regulations. When a graduate applied to the competent department of the Ministry of Education (in SAEP – Council for the Recognition of Vocational Qualifications, now ATEEN) professional recognition of his degree, she replied in the negative, ruling that he should have taken all the courses in the British university program leading to the award of his degree at the college where he studied.

Ministry of Education in “K”: “New applications will be considered on the basis of Presidential Decree 38/2010 and the latest developments in the CE jurisprudence.”

The Council of State decided that “the competent services of the Greek State are obliged to recognize the title of formal higher education granted by the competent authority of another Member State, even if this title certifies training that has been carried out in whole or in part.” in Greece and which, according to this legislation, are not recognized as higher education.” Regarding the issue of the possibility of transferring ECTS educational credits for a degree, the SC ruled that this does not prevent the recognition of the professional equivalence of the degree, since the EPA does not have the right to check the conditions under which the degree to be recognized was awarded the title by a British university, because ” only the competent authorities issuing diplomas should verify, on the basis of the rules governing their own vocational education system, whether the necessary conditions for the award of these diplomas are met. “, and in GAPO it is not allowed to disregard qualifications “due to academic and only, in terms of the organization or content of the relevant education, differences between the country of origin and the country of residence.”

European law

This decision, according to the Athenian jurist Sophia Ghiok, who has handled the case before the Council of State, makes it clear that recognition of the professional equivalence of degrees is a process dictated by the obligations of the country under European law and must be carried out in accordance with the principles of this. In addition, this decision is significant as the issue was considered solely in the light of applicable EU law and the SC rejected the argument of the Ministry of Education about the limitations of Article 16 of the Constitution. It is expected that the decision of the Plenary will provide a solution to the many problems of graduates who want to use their degree professionally, and will increase in practice the mobility between levels of education.