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Θεσμική διαμόρφωση της λειτουργίας των ΑΕΙ υπό το πρίσμα της νομολογίας του Συμβουλίου Επικρατείας (Doctoral thesis)

Τζελέπη, Ελένη Δ./ Tzelepi, Eleni D.

Two main pillars are included in the structural analysis of this thesis, the Council of State, and the higher education institutions. The first contributes to the proper administrative and legal function and the second to the educational, cultural, and developmental continuity of the state. The Council of State, since its start operation as a Supreme Administrative Court of Greece, plays a prominent role, among others, in the management of administrative jurisdiction and in the field of higher education. The control of the constitutionality of laws is part of its competence and its case law leads to the clarification of legal issues, the solution of problems of interpretation of the legislative provisions and filling of legislative gaps. The Council of State, among other issues, has the competence to decide key cases concerning the Universities, such as the self-government of the Universities, the academic freedom, the formation of electoral bodies of academic members, the access to higher education, the payment of tuition fees for Postgraduate Studies, the rector’s elections, the status of professors, the participation of students and administrative staff in the governance of Universities. The attempt of the critical processing of some important judgments of the Council of State aims to draw conclusions regarding the evaluation of the timeless institutional organization of the Universities through the prism of the case law of the Supreme Administrative Court. The importance of case law and the extent of its influence on the institutional formation of the organization of universities is investigated separately by any institutional unit. In the end, the case law in general may not be mutatis mutandis decisive to such an extent us a guiding body in the field of higher education. However, in some cases, it formulates a point of view, it resolves disputes in a specific way, influencing to a certain degree at least in these issues the way the Universities are organised and they operate.