In its recent judgment Νο. 897/2021, the XIV Chamber of the Athens Administrative Court of Appeal finds Ministry of Education decision, denying professional recognition of a degree for which ECTS credits gained during the graduate’s previous tertiary education were considered, to be in breach of EU law.
The applicant, a graduate of the Greek Open University, further pursued her studies at the UK Open University and was awarded a BA in English Language and Literature. Having worked as an English teacher for over 25 years, she applied to the Ministry of Education requesting the professional recognition of the degree awarded by the UK University. The Ministry of Education rejected her application on the grounds that she was enrolled in the second year of study at the UK University because of her previous education at a Greek higher education institution.
The case was brought before the Athens Administrative Court of Appeal where the applicant challenged the compatibility of the rejection with the provisions of EU law on the recognition of degrees. The Court upheld the applicant’s claim, ruling that the Ministry of Education should have conducted an overall assessment of the applicant’s skills and education certified by the UK degree, regardless of the fact that she was enrolled in the second year of the programme of studies.
This judgment is important as it marks a turning point in the case-law of the XIV Chamber of the Athens Administrative Court of Appeal, which had so far consistently rejected the recognition of degrees involving a transfer of ECTS credits.
Our office represented the applicant before the Athens Administrative Court of Appeal.