Educational Rights
The European Court of Justice (ECJ) has again ruled that Greece must recognise third-level diplomas issued through franchises of recognised European educational institutions. This finding was expressed in two judgements, taken by the European Commission (case number C-84/07) and a private individual (C-151/07) respectively, delivered simultaneously by the European Union's highest court on December 4th. This will place even greater pressure on Education Minister Evrypidis Stylianidis to finally bring Greek law in line with European legislation.
At the root of both cases is the refusal of the Greek authorities to recognise diplomas issued by an Italian educational establishment, the Regional Institute for Optical Studies and Optometry, in Vinci, on the basis of a franchise agreement concluded with two liberal studies centres (EES) in Greece. The commission successfully argued that while the Greek authorities may deliberate on whether the qualification allows the holder to practise the profession concerned, in doing so it may not refer to the fact that the diploma was issued on the basis of a franchise agreement.
In the commission's view, it is immaterial whether a diploma has been obtained by attending a franchise institution in Greece because directive 92/51 provides for no such distinction between diplomas issued directly by foreign educational institutions and those issued through franchises. The commission did concede, however, that the Greek state may request such diploma holders to undergo a "conversion course", which will invariably involve additional exams at a Greek state university in order for their foreign diploma to be compatible with Greek standards. At the same time, however, it insisted that graduates must also be given the option of taking an aptitude test instead, as EU regulations stipulate. In its second argument, the commission put forward the case that as the diplomas in question were "lawfully issued by Italian educational establishments", Greece has no right to dispute them.
The commission took issue with the Greek authorities' insistence that the applicants seeking to have their degrees recognised undergo a "conversion course". For its part, the Greek state argued that EC articles 149 and 150 give each member state exclusive responsibility over education. It also justified its stance on Article 16 of the Greek constitution, which prohibits the establishment of private universities.
The court rejected these arguments.