Minister of Foreign Affairs, George Gerapetritis’ intervention at the Plenary Session of the Hellenic Parliament (07.03.2024) - Debate and vote in principle, by articles, and as a whole of the draft law: "Strengthening the Public University - Operating Framework for Non-Profit Branches of Foreign Universities”
OPENING STATEMENT
Thank you very much, Mr. Speaker. Today, I felt politically and morally compelled to come before the Hellenic Parliament to express my views on a draft law that establishes a new standard in Greek Higher Education. I will speak both in my capacity as Minister of Foreign Affairs, as I feel that this preeminently concerns issues related to foreign policy and, in particular, the portfolio of the Diaspora Greeks, and as an academic, as a person shaped by the Greek public education system, primary, secondary, and tertiary. I believe the truths about where we were, where we are, and where we want to take Greek higher education need to be heard in this chamber. The first concern that has been raised is the legal issue. Multiple opinions have been expressed. It has been argued that the bill is constitutional, that it is unconstitutional, that it even contravenes European Union Law, because it does not meet the latter’s requirements in terms of freedom of establishment and operation of academic institutions.
Let me clarify something in principle. Regardless of the effect of EU Law what matters is to accept that our Constitution is not a static and inert legal text. This is something that the entire international Constitutional Law community recognizes, and it could not be otherwise. The Constitution, by its very nature, is an abstract text that is transmuted in practice through the legislature and serves as the framework within which the state functions and rights are structured. The normative power of reality has an impact. The actual situation has an impact. The effect of European Union Law has an impact, whether it applies or not because it is an academic rather than a professional qualification. The proportionality of the universal prohibition concerns European Union Law nonetheless. Above all, let us be clear regarding the application of Article 16. The synthetic and systematic reading of Article 16, in my opinion, clearly allows the establishment, mind you not in the form of creating, which is expressly prohibited, but in the form of installing of an existing academic institution. And this, of course, must at last be stated, because I often hear my colleagues refer to the wording and the spirit of the Constitution. However, no one gives due emphasis to the fact that the Constitution's prohibition is for the creation and not for the installation of existing institutions, which are indirectly or directly subject to the effect of European Union Law. In any case, constitutional revision is necessary and beneficial. I will not dwell on the historical journey of constitutional revision and why we have reached the point of having failed attempts to revise Article 16 and we are today deviating from the entire universal international legal acquis. What I want to emphasize is that constitutional revision is essential because it should set the framework within which higher education will operate, namely provide the safeguards which are outlined in the bill, but should also become a constitutional mandate.
What does this specific bill accomplish? In my opinion, it maintains a balanced measure. It follows a golden rule based on a duality: the strengthening of public universities, on the one hand, and the strictness in the establishment of private, non-state, non-profit universities, on the other. Why this golden rule? Let us consider the strengthening of public universities : a multifaceted strengthening. We are bolstering regional universities. The Democritus University, which incorporates the International University, is strengthened; the Hellenic Open University is strengthened; the student housing issue, which indeed constitutes a significant problem, is being addressed. We are increasing flexibility, granted to universities in their self-governance, especially regarding the Special Accounts for Research Grants, which have been obstructed by red-tape for decades. And above all, in my view, the most important thing is that we ensure that for every university faculty member who retires between 2025 and 2030, there will be a one-to-one immediate replacement, so that there is no reduction in the teaching staff of public universities. And of course, with the political commitment that we will continue to strengthen the public universities and, especially, the regional universities. The second pole of this duality is the tightening of the framework regarding non-state, non-profit universities. At this point, allow me to say that there is a degree of hypocrisy when we talk about the current situation in relation to the situation that the bill being debated today will introduce.
Currently, we have post-secondary education of a commercial nature that is immediately recognized in Greece. This is a mandate of European Union Law, and we are proceeding towards a non-state, non-profit type of strict and controlled higher education. Why should we really object to this? Do not all of us in this chamber agree that it is preferable to have order in the field of higher education, rather than disorder? And I will keep it simple. For a foreign university to establish itself in Greece, according to the bill, once it comes into effect, a dual threshold will be required. This is extremely important for our understanding. This threshold will concern both the administrative and academic prerequisites for establishment specified by the parent university, but also the law governing it -each country has its own system regulating these requirements- as well as the additional requirements set by the bill regarding the establishment of universities. Let me simply remind you that we already provide for the obligation to have three faculties, the requirement to have a minimum entry threshold, and of course, a quota of doctorate holders in the teaching staff.
The set of these prerequisites is so stringent that I can say with certainty, and we will be here to discuss it in the future, that there is no chance for any entity without a very solid institutional and operational background, for any university that does not meet the conditions, to come and establish itself in Greece. The connection with a foreign university is absolutely critical because it actually creates the condition to ensure that no institutions of higher education exist that do not meet the most rigorous requirements.
The crucial question, however, is: what is the significance for the country of establishing non-state, non-profit universities. Allow me to limit myself to three parameters of the great significance this holds for our country. The first is that we retain students who are currently part of a significant brain-drain, which means a loss in both human and economic capital. The second, equally important, is that in this way, the new bill makes Greece a university hub, attracting foreign students to Greece. Do we know that Greece ranks low on the higher education index because it has one of the lowest rates of foreign students in our universities? Only 0.7% - one of the lowest rates in the European Union. In addition, there is a fiscal dimension. The National Bank of Greece estimated in its 2017 analysis that there would be a direct benefit of at least 1.8 billion euros per year in 2017, resulting from more exports and lower imports of educational services. The National Bank of Greece estimates a figure of 50 billion. Allow me, Mr. Speaker, a small indulgence. 50 billion over the next decade from the application of non-state, non-profit universities as well as an increase in GDP of one to two percentage points for the decade and subsequently followed by half a unit. We all realize that these resources should be significantly channeled into public education. It is indeed a means of financially strengthening the public higher education so that it can carry out its teaching and research work. There is also something else that is important: attracting foreign students constitutes the most systematic and influential form of educational diplomacy. When we have foreign students in Greece, they become infused with the Greek spirit, Greek culture, Greek history, and the Greek language.
There is no better form of person-to-person diplomacy than the educational one. Many of you in the Hellenic Parliament who have studied or lived abroad realize the significance of being in the host country and absorbing influences from there. The third great significance that I particularly value is that the purpose of the bill is to regain a significant national capital that has leaked away. These are the highly qualified Greeks who are currently at universities abroad, either as academic teachers or researchers. The Greek academic capital abroad is beyond imagination. I will present you with data that goes back already seven years, but, I believe, is quite revealing to grasp the full extent of the issue. The estimate is that there are 22,000 - I reiterate, 22,000 - Greek academics abroad, and this is a conservative estimate because there is no formal record. It is estimated that about 0.2% of the Greek population is currently teaching at foreign universities and research centers, - I reiterate 0.2% of the Greek population -, ten times higher than the European average. Do we want these people back? Do we want these people to return to Greece, to contribute to their homeland, to elevate the level of education, but also to provide additional value to the country where most of them have studied? Because there is a significant investment in the capital of Greece’s new generation, which unfortunately, in most cases, is not recovered. Six out of ten Greek professors - I want you to pay particular attention to what I am about to say - 6 out of 10 Greek professors are currently at universities abroad.
Only four out of ten Greek professors are at Greek universities. Is this satisfactory? Do you know what the European average is? The European average is that only one professor is at foreign universities, and we have six. The majority of Greek professors are at universities abroad. Do we want them in Greece? We need a clear answer to this. They must return to Greece and contribute to their homeland. And I will tell you one last piece of information, because I fear I have tired you. Allow me to say something else, if I may.
In 2016, a major study was conducted by the Technical University of Istanbul. The sample was 15,000 professors who teach at the top 50 universities in the United States. It turned out that Greece, proportionally to its population, is the second country with the most teaching staff in the United States. Greek professors are more numerous than all the professors from Africa and Latin America combined. They are only second after Israel. That is a tremendous human capital. The current government and the Greek state must give them real incentives to return to their homeland.
I will conclude by addressing my fellow academic teachers and students. As for the academic teachers, I would like to say, and fortunately, we have university teachers among us in this chamber, that authority does not arise through monopolistic coercion but only through comparison and real superiority. No Greek academic fears this comparison, because the capital of those teaching at Greek universities - and this, I can confidently assert - is so high that it can never be threatened.
And a final word for the students as I conclude. The public university can only gain from the presence of serious, large, and reliable foreign universities that will co-exist with a very strong public university. And I believe and state today that there will be no condition where Greek public university graduates, like myself and most of you, will not excel wherever they may find themselves.
Thank you very much.
SECOND INTERVENTION
Thank you very much, Mr. Speaker, and I thank the MPs who have commented in relation to my speech. Initially, I wish to address what Mr. Mantzos said regarding yesterday's events. We are currently in direct cooperation with the Ukrainian authorities to fully clarify the incident. There was no direct threat to life or integrity. Of course, as you are aware, there was an attack, which is currently under investigation in terms of its causes and origins. Concerning the meetings, the Ministers of Foreign Affairs and Defense of European Union member states will participate in a teleconference this afternoon, on the initiative of the French government, to discuss the Ukrainian issue and future steps in relation to the reinforcement of Ukraine's defense against Russian aggression. Whenever you wish, Mr. Mantzos, we can have a further discussion on these matters.
Allow me to turn back to Education. With all due respect, Mr. Tsakalotos, you must allow me to say that I have fulfilled my duty as an academic for 20 years at the Law School, and for this reason, I will only take instructions and orders from my students. Everyone is judged by their actions, their consistency, and above all, their contribution to the Greek academic community. The fact that from what I said in my speech, you retained the budgetary issues, I attribute it rather to professional perversity, Mr. Tsakalotos. Because what I did say was that resources will enter the country to strengthen the public university, that we will create conditions for the return of the vast human capital that has been lost, highly qualified individuals, so that they may contribute to their homeland, and that we are creating conditions for upgrading the Greek public university, so that it can continue its great work. And you know better than myself, Mr. Tsakalotos, that the Greeks who currently serve in the Greek public university are in huge disproportion to all the quality indicators regarding publications, based on all credible studies. Therefore, there is no reason for concern and there is no need to judge the Greek professors serving in the Greek public university. There are others who could possibly do just as well from their own experience.
I will answer you on the legal aspect. Although you understand that we can have any discussion you want on economic matters, as regards legal matters, I will try to simplify as much as possible because there is a higher degree of complexity. Article 16, Mr. Tsakalotos, is not interpreted paragraph by paragraph, and no legal provision is interpreted paragraph by paragraph. For this reason, since the 19th century, there has been what we call in law, a systematic interpretation. You can never see a provision isolated from another, and for that reason, the unity concerning higher education is an interpretative unity. You referred to Legal Entities of Public Law. The answer is very clear. The state is obliged to organize higher education provided by the state itself in the form of Legal Entities of Public Law. There cannot be a state university, Mr. Tsakalotos; there can only be a public self-administered university under the terms provided by Article 16. Why? Because the revising -essentially constitutional- legislator of 1975, following earlier constitutions, intended the university to be distanced in relation to state choices, so that it can operate autonomously and produce education and culture. Thus, under this interpretation, the provisions regarding Legal Entities of Public Law concern the way the state delivers its university education.
This does not preclude, Mr. Tsakalotos, the presence of non-profit universities installed in Greece - not created but installed - and for this reason, the constitutional revision is useful to clarify the landscape regarding creation, which is currently prohibited. You asked, Mr. Tsakalotos, - and I detected a hint of irony in the way you spoke - if I indeed believe that with the establishment of non-state, non-profit universities we will attract foreign students. The answer is very clear. I am not a nihilist. I believe in my country. I believe that students will come, as happened, Mr. Tsakalotos, in countries that did not have this tremendous inertia and also did not have such fixated perceptions regarding higher education. Because this reform, which is coming now is long overdue. If I may, let us consider the examples from our neighborhood, such as Cyprus which has emerged as a hub of higher education in the last decade. The examples are tangible.
We do not need to speculate. You mentioned synergies, Mr. Mantzos. You are absolutely right. The Greek public university has excellent synergies with most foreign universities. However, with all due respect, you will allow me to say that your position that institutions of dubious status and low prerequisites will come to Greece is not valid. It is not valid because, I repeat, such are the safety valves introduced that only a stricter regulation of the field of higher education will exist in Greece. Because the prerequisites set - I repeat, because this body must be aware - are cumulative; they concern both the prerequisites of the foreign university, the parent university, and the relevant legislation, as well as the safety valves that we impose. Mr. Mantzos, I reiterate, I accept any criticism.
However, I would like you to tell me if you disagree. I understand that you have a principled objection which I must confess I have not understood. I would like you to tell me though, apart from this objection, if you disagree with any quality prerequisite set in the bill, or if you think another one should be added. I believe the answer to both will be no. There is nothing for you to say. Allow me to tell you, dear Mr. Mantzos -and I always appreciate your calm speech- that at this moment, in order to support a position that goes against the universal international reality, unfortunately, we invent reasons just to be able to argue.
However, this is not a matter for political confrontation; it is about the present and future generations. Greece, Mr. Mantzos, has always been a producer of education and culture. It has always been outward-looking, and it will remain so. Thank you.
March 7, 2024