Student Transfers: Legal Action on Exceptional Grounds

The procedure for transfers in higher education often runs into bureaucratic obstacles and rigid points-based criteria which fail to take human reality into account. When “ordinary” transfers fail, the exceptional transfer is the only avenue for safeguarding the student’s studies.

At ZIAMPARAS & ASSOCIATES Law Firm, we specialise in Education Law, offering a holistic approach to founding your application.

A Dual Capacity at the Service of the Student

Why does our approach increase the chances of success?

• Technical Precision of the File: As lawyers with a background in Information Technology, we treat the preparation of the file as a “protocol” in which every supporting document must align precisely with the requirements of the Ministry.

• Doctrinal Foundation: We interpret “particularly serious cases” and “exceptional grounds” in a manner that binds the Transfers Committee, highlighting the need for leniency and fair treatment.

• Objections Strategy: If the initial application is rejected, we undertake the drafting of a well-substantiated objection (administrative appeal), pinpointing the errors in the administration’s assessment.

When Are You Entitled to an Exceptional Transfer?

The law provides for transfer outside the points-based system on serious grounds, such as:

1. Health Issues: Serious illnesses of the student or members of his/her family which require residence at the place where medical care is provided.

2. Financial Hardship: Sudden and severe deterioration of the financial situation rendering studies in another city impossible.

3. Social & Family Grounds: Death of a parent, divorce or other extraordinary circumstances requiring the student’s presence at the family home.

“Education is a right, not a luxury. We ensure that life’s extraordinary difficulties will not become an obstacle to your child’s progress.”

Prompt Action & Confidentiality

The deadlines for exceptional transfers and objections are extremely short and often peremptory.

In more detail:

1. What does “transfer” mean?

A “transfer” means the second enrolment of a student in a corresponding Department of another Higher Education Institution (A.E.I.) than the one in which he or she has been admitted and enrolled, either through success in the nationwide examinations of the General Lyceum (GE.L.) or the Vocational Lyceum (EPA.L.), or through the exercise of the right of access.

2. What does “relocation” mean?

A “relocation” means the movement of a student to another Department of another A.E.I./A.E.A. of the same scientific field as the one in which he or she has been admitted and enrolled, either through success in the nationwide examinations of GE.L. or EPA.L., or through the exercise of the right of access.

3. What is the “transfer threshold”?

The “transfer threshold” is the number of points which results from the number of points of the entry threshold of each Department of A.E.I./A.E.A., minus two thousand seven hundred and fifty (2,750) points.

A student who scored 13,000 points and wishes to study Physics could, on the basis of the 2020 thresholds, be admitted to the Department of Physics of the University of Patras (entry threshold of that Department: 12,836 points). If the student wishes to transfer to the Department of Physics of the National and Kapodistrian University of Athens (EKPA), then since the gap between the points scored and the entry threshold of the Department of Physics of EKPA (entry threshold 15,417) is less than 2,750 points, he or she is entitled to apply for transfer on the basis of financial and social criteria.

If another student wishing to study Physics scores 12,500 points, then he or she is admitted to the Department of Physics of the University of Ioannina or of the University of Crete on the basis of last year’s thresholds, and may apply for transfer to the Departments of Physics of the University of Patras and of the Aristotle University of Thessaloniki (AUTH), for which the transfer threshold is satisfied; he or she may not, however, apply for transfer to the Department of Physics of EKPA, since the gap between the points scored and the entry threshold of that Department is 2,917 points, i.e. above the limit/precondition (entry threshold) of 2,750 points.

4. What is the “individual income”?

“Individual income” means the average of the last three (3) financial years of the taxable income of the applicant for transfer or relocation, from any source of income within the meaning of Article 7 of Law 4172/2013 (Government Gazette A’ 167).

5. What is the “per capita family income”?

“Per capita family income” means the average of the last three (3) financial years of the per capita sum of the taxable income of the members of the family of the applicant for transfer or relocation, namely the parents — irrespective of whether they file a joint or separate tax return — and the unmarried siblings under 25 years of age, provided they have their own taxable income, within the meaning of Article 7 of Law 4172/2013. Where the applicant’s parents are divorced,
the income of both parents is taken into account.

“Per capita income” means the higher of the individual income and the per capita family income. Where the applicant for transfer or relocation is over 25 years of age, unmarried and has his/her own individual income, only the individual income is taken into account.

6. Which categories of students are entitled to a transfer?

Beneficiaries of transfer — Conditions

1. Students of A.E.I.s and A.E.A.s who were enrolled in Departments of A.E.I./A.E.A. either through their success in the nationwide examinations of GE.L. or EPA.L., or through the exercise of the right of access, are entitled to transfer provided they meet the conditions laid down for each category of transfer beneficiaries.

2. The categories of transfer are as follows:

a) transfer on the basis of financial and social criteria,
b) transfer of siblings who are undergraduate students,
c) transfer of special categories,
d) exceptional transfer.

3. A general precondition for transfer in all cases is the existence of correspondence between Departments according to the decision of the Minister of Education and Religious Affairs, as well as the academic operation of the receiving Department in a year of studies corresponding to that of the originating Department. A precondition for the transfer of a student in the cases of financial and social criteria and of siblings who are undergraduate students is the achievement of the points of the transfer threshold of the Department for which transfer is sought.

4. The application for transfer is made electronically and stands in the place of a sworn declaration under Article 8 of Law 1599/1986 (Government Gazette A’ 75). The transfer is effected by decision of the competent body of the Ministry of Education.

5. By decision of the Minister of Education, issued each year, the correspondence between Departments, Entry Specialisations and Programmes of Studies of A.E.I.s and A.E.A.s is determined. The decision applies to transfers of the following academic year and is issued after the opinion of the National Authority for Higher Education (ETH.A.A.E.), which is forwarded to the Minister of Education and Religious Affairs within an exclusive time limit of thirty (30) days from the date on which the relevant question of the Minister reaches it.

For the issuance of the decision, account is taken in particular of the titles of the corresponding Departments, Entry Specialisations and Programmes of Studies, and of the professional rights granted, where these exist.

7. Are there Departments excluded from the transfer system due to lack of correspondence?

Yes, there are, and these Departments number 95.

8. May transferred students obtain recognition of courses in higher education?

1. From the academic year 2012-2013, students who are admitted to a Department of the Universities are afforded the possibility of having courses recognised which they have been taught and have successfully passed in their originating Department.

2. The recognition of the courses, in accordance with the previous paragraph, is effected by decision of the General Assembly or of the Academic Council of the Department, as the case may be, and the students are exempted from examination of the courses or exercises of the programme of studies of the receiving Department which they were taught in the originating Department, and may be placed in a different semester from that of their enrolment.

9. What are the grounds of exclusion from transfer or relocation?

1. The following categories of students are excluded from the transfer or relocation procedure to another Department of the same scientific field:

a) those who have exceeded the maximum duration of studies provided for the obtaining of a degree, in accordance with the Programme of Studies of the Department in which they study,
b) those who have already obtained a transfer or relocation to another Department of the same scientific field,
c) those who, upon their own application, have suspended their studies, for as long as the suspension of studies and student status lasts, unless this is due to substantiated health reasons or to reasons of force majeure,
d) those who have been admitted to A.E.I./A.E.A. under the following categories:
da) children of Greeks abroad,
db) foreign nationals of non-Greek descent,
dc) scholarship holders, foreign nationals of non-Greek descent, who have
a right of access to the Departments of Theology of the A.E.I.s and to the programmes of studies of the A.E.A.s in a specific number of places and at a percentage of one per cent (1%) over and above the number of admittees in all other Schools,
dd) scholarship holders of Greek descent abroad,
de) athletes who were admitted to higher education on the basis of distinction, in accordance with Article 34 of Law 2725/1999 (Government Gazette A’ 121),
dst) those admitted to A.E.I.s in places of free access, that is, without participating in the nationwide examinations,
dz) those enrolled in a Foreign-Language Programme of Studies of an A.E.I. in Greece.

2. Transfer between Departments of A.E.I.s based in the same Regional Unit is excluded. For the purposes hereof, the Region of Attica is regarded as a single Regional Unit, with the exception of the Regional Unit of Islands.

10. What applies to transfer on the basis of financial and social criteria?

1. The number of those transferred on the basis of financial and social criteria is equal to fifteen per cent (15%) of the total number of admittees per Department of A.E.I./A.E.A. as determined for each academic year. By 30 April of each year, A.E.I.s/A.E.A.s submit a relevant proposal to the Minister of Education and Religious Affairs as to their operational capacity in respect of the number of students they may receive by transfer in the following academic year. By decision of the Minister of Education and Religious Affairs, following a reasoned proposal by a Department of an A.E.I./A.E.A., the number of those transferred on the basis of financial and social criteria may exceed fifteen per cent (15%) of the total number of admittees of the Department concerned. In the case of a decimal remainder in the arithmetical calculation of the transfer places, rounding takes place to the next higher whole unit.

2. A student who applies for transfer under this article may submit a relevant application for corresponding Departments of up to two (2) different A.E.I.s/A.E.A.s.

3. The applicant for transfer is awarded points by category of criteria as follows:

a) Financial criteria:
aa) Six (6) points, if the per capita income does not exceed the amount of three thousand (3,000) euros,
ab) four (4) points, if the per capita income ranges from three thousand euros and one cent (3,000.01) up to six thousand euros (6,000),
ac) three (3) points, if the per capita income ranges from six thousand euros and one cent (6,000.01) up to nine thousand euros (9,000),
ad) two (2) points, if the per capita income ranges from nine thousand euros and one cent (9,000.01) up to twelve thousand euros (12,000). The award of points under sub-cases aa’ to ad’ is always made on an alternative basis.
b) Social criteria:
ba) one and a half (1.5) points, if the applicant is a member of a three-child family, increased by half (0.5) of a point for each unmarried child of the family under 25 years of age, other than the applicant,
bb) two (2) points, if the applicant is a member of a large family, increased by half (0.5) of a point for each unmarried child of the family under 25 years of age, other than the applicant,
bc) two (2) points, if the applicant is orphaned of one parent, and five (5) points if orphaned of both parents,
bd) two (2) points, if the applicant is the child of an unmarried parent,
be) one (1) point for each member of the applicant’s family (parent, child, brother/sister or spouse) who has a disability of 67% or more, certified by the Disability Certification Centre (KE.P.A.), or suffers from illnesses listed in the annex to Joint Ministerial Decision No. F.151/17897/B6/2014 (Government Gazette B’ 358), as in force from time to time.

4. Where the number of applicants for transfer under the procedure of this article exceeds the percentage of paragraph 1, their selection is made by descending order of ranking on the basis of the total points scored on the financial and social criteria. In the case of a tie among more applicants, the entry points of the applicants are taken into account in descending order of ranking, so that the total number of those transferred does not exceed the percentage of paragraph 1.

11. What applies to the transfer of siblings who are undergraduate students?

1. A student who has one or more siblings who are undergraduate students may apply for transfer exclusively in the first year, in accordance with the procedure of this article, under the following conditions:

a) the siblings study in Departments of A.E.I.s/A.E.A.s located in different Regional Units, both from each other and from the Regional Unit in which the parents permanently reside, or in which they themselves or their parents have full ownership or usufruct of a residence,
b) the siblings, including the applicant, do not hold first-cycle degree titles and have not exceeded the maximum duration of studies provided for the awarding of the title of studies,
c) the per capita income of the applicant does not exceed the amount of twelve thousand five hundred (12,500) euros.

2. The transfers under this article are effected over and above the 15% percentage.

3. The following procedure applies:

a) the student may transfer to a corresponding Department located in the Regional Unit where the sibling studies,
b) if there is no corresponding Department in the Regional Unit where the sibling studies, the student may transfer to a corresponding Department located in the Regional Unit of the parents’ permanent residence, or of the Regional Unit in which he/she or his/her parents have full ownership or usufruct of a residence,
c) if the above criteria are not met, the siblings may transfer jointly to corresponding Departments located in another Regional Unit, with the exception of Attica and Thessaloniki.

4. By way of exception, where the per capita income of the applicant does not exceed the amount of five thousand (5,000) euros, the sibling students may transfer jointly to a corresponding Department of the Regional Unit in which they themselves or their parents permanently reside, or have full ownership or usufruct of a residence.

12. What applies to relocation to a Department of the same scientific field?

1. A student who applies for transfer in his/her first year of studies to a Department corresponding to the one in which he/she has been admitted may, at the same time, submit an application for relocation to a Department of the same scientific field in the following cases:

a) where he/she has submitted an application for transfer on the basis of financial and social criteria, but does not meet the precondition of the transfer threshold, or
b) where he/she has submitted an application for transfer on the basis of financial and social criteria, but that application is not accepted because the 15% quota has been filled by co-applicants who scored a higher total of points on the basis of financial and social criteria, or
c) where he/she has submitted an application for transfer under the category of siblings who are undergraduate students, but does not meet the precondition of the transfer threshold.

2. The students’ relocation applications:

a) may include up to five (5) Departments of the same scientific field in order of preference, and within at most two (2) different Regional Units. The Departments which the student may declare are those which he/she had declared upon submitting his/her preference list and for which he/she meets the points of the entry threshold,
b) are granted following the completion of transfers on the basis of financial and social criteria and provided that there are vacant places in the Departments declared by the applicant, and exclusively up to the filling of the 15% percentage,
c) are effected by analogous application.

3. The relocation applications of students who have submitted an application for transfer, but whose application is not accepted owing to the filling of the percentage by co-applicants who scored a higher total of points on the basis of financial and social criteria:

a) are granted over and above the 15% percentage,
b) are effected by analogous application.

13. Are there special categories of transfers?

The right to a transfer over and above the 15% percentage is granted to students who fall within one of the following categories:

a) children of victims of terrorism, referred to in paragraph 1 of Article 1 of Law 1897/1990 (Government Gazette A’ 120), who are entitled to transfer to the city in which the parent or person having custody permanently resides or has full ownership or usufruct of a residence,

b) children of officers of the Armed Forces and Security Forces who were fatally wounded during ordered duty and on account of it, who are entitled to transfer to the city in which the parent or person having custody permanently resides or has full ownership or usufruct of a residence,

c) persons with a disability rate of 67% or more, certified by the Disability Certification Centre (KE.P.A.), or sufferers from the illnesses referred to in the annex to Joint Ministerial Decision No. F.151/17897/B6/2014 (Government Gazette B’ 358), as amended or replaced from time to time, or who have made an organ or bone-marrow donation to a fellow human being. These students are entitled to transfer to the city which the parent or person having custody declares as permanent residence, or to the city in which medical care is provided to them, in accordance with a certificate of the committee of the aforesaid Joint Ministerial Decision,

d) persons detained in a Detention Facility of the country. These students are entitled to transfer to a Department of an A.E.I. corresponding or related to their original Department of admission, located in the Regional Unit where the Detention Facility in which they are detained at the date of their transfer application operates. Where, in the Regional Unit in which the Detention Facility operates, there is no Department of an A.E.I. or a Department related to their original Department of admission, then the said students are entitled to transfer to a Department of an A.E.I. corresponding or related to their original Department of admission, located in a Regional Unit adjacent to that of their Detention Facility,

e) citizens of Cypriot descent who were admitted in a percentage of places over and above the number of admittees, in accordance with the provisions of decision No. F. 151/20049/B6/20.02.2007 (Government Gazette B’ 272) of the Minister of National Education and Religious Affairs, at a percentage of one per cent (1%) of the total number of those admitted in the above category,
f) Greek citizens of the Muslim Minority of Thrace, who were admitted in a percentage of places over and above the number of admittees, in accordance with the provisions of decision No. F. 151/20049/B6/20.02.2007 (Government Gazette B’ 272) of the Minister of National Education and Religious Affairs, at a percentage of ten per cent (10%) of the total number of those admitted in the above category,

g) clergy who hold an organic post of parish priest and who study in a Priestly Department of A.E.A.. These students are entitled to transfer to the Priestly Department of the A.E.A. located in the Regional Unit nearest to the place of their organic post.

14. What are the grounds on which students may obtain an exceptional transfer/relocation?

The new law on student transfers passed by Parliament clarifies the previously “hazy” landscape regarding exceptional transfers, since it defines the cases that are characterised as exceptional or as supervening cases of emergency.

Students are entitled to submit an application for transfer to a corresponding Department, or to make an application for relocation to another Department of another A.E.I./A.E.A. of the same scientific field, as the one in which they have been admitted and enrolled either through success in the nationwide examinations of GE.L. or EPA.L., or through the exercise of the right of access.

More specifically, applications for the granting of an exceptional transfer may be submitted throughout the academic year, exclusively for serious and well-substantiated exceptional cases or supervening cases of emergency of students of A.E.I.s in Greece.

Such cases include in particular the following:

a) serious illnesses of students or of members of the student’s family, which are not included in the annex to Joint Ministerial Decision No. F.151/17897/B6/2014 (Government Gazette B’ 358), illnesses, as the said decision is amended or replaced from time to time, and which are ascertained by the bodies and through the procedure referred to in the aforementioned Joint Ministerial Decision,

b) the death of a relative of the first degree of consanguinity in the direct line, or of the second degree of consanguinity in the collateral line, occurring within one year prior to the submission of the application for the granting of an exceptional transfer,

c) pregnant female students, upon certification of the attending physician and of the director of a gynaecological or obstetric clinic or department of a public hospital, and provided that they are already studying for the obtaining of a first degree, and

d) students who have suffered physical or mental harm caused by offences against bodily integrity, or against sexual freedom, or against personal freedom, which is substantiated on the basis of the findings of medical science.

Where there is no corresponding Department of an A.E.I. in the Regional Unit to that of their Department of admission or studies, then these students may submit an application for exceptional relocation to a Department of the same scientific field for which they meet the points of the entry threshold for the year of their enrolment in the originating Department.

Where the applicant for an exceptional transfer or relocation falls under grounds of exclusion, then the Committee may unanimously make a recommendation to the Minister of Education and Religious Affairs, who decides on the issuance of a decision for an exceptional transfer or relocation.

The application for an exceptional transfer or relocation may not concern factual circumstances that formed the basis of the rejection of the application for transfer or relocation.

By decision of the Minister of Education and Religious Affairs, a five-member Committee is set up for each academic year for the purpose of examining exceptional applications for transfer or relocation. The Committee is composed of one (1) member, who is designated by the Governor of the National Transparency Authority and acts as Chair, two (2) members designated by the Conference of Rectors of the A.E.I.s, one (1) representative from the Directorate of Organisational and Academic Development of the General Directorate of Higher Education of the Ministry of Education and Religious Affairs, who is appointed by the Minister of Education and Religious Affairs, and one (1) representative of the branch or specialty of University Education (PE) Doctors, who is designated by the Minister of Health. The Committee serves without remuneration and its members do not receive any remuneration or compensation of any kind for their participation in it.

The decision appointing the Committee is not made public before the completion of its work for the academic year concerned.

15. May students who consider themselves wronged file objections?

Against the results of transfer applications, an application for reconsideration may be submitted within thirty (30) days before a three-member Committee, which is set up for each academic year, specifically for that purpose, by decision of the Minister of Education and Religious Affairs. The submission of an application for reconsideration is permitted exclusively for cases of manifest error, which is not due to fault of the applicant in submitting the transfer application.

• See also article Disciplinary Law of Faculty Members (DEP)
• See also article Election and Career Progression of Faculty Members (DEP)
• See also article Internal Rules of Operation of Primary and Secondary Schools
• See also article Administrative Law Lawyer
• See also article Town Planning & Forestry Law Lawyer
• See also article Civil Service Law Lawyer
• See also article Disciplinary Law of Military Personnel
• See also article Disciplinary Law of Police Officers
• See also article Lawyer for Application for Annulment
• See also article Lawyer for State Civil Liability
• See also article Lawyer for Petition before the European Court of Human Rights (ECHR)
• See also article Administrative Appeal
• See also article Sworn Administrative Inquiry (EDE)

FREQUENTLY ASKED QUESTIONS ON STUDENT TRANSFERS — LAWYER

1. What do I do if my transfer application is rejected?

The rejection of the transfer application does not mean the matter ends there. As a rule, the student is entitled to lodge an objection within a short time limit before the competent Objections Committee of the Ministry of Education, identifying errors in the award of points or in the assessment of the supporting documents. If the objection too is rejected, the way is open for filing an application for annulment before the Administrative Court of Appeals or the Council of State (StE), depending on the nature of the contested act. The thorough substantiation of financial, social or medical grounds is a critical factor in the re-examination.

2. When is an exceptional student transfer justified?

The exceptional transfer is provided for particularly serious cases that do not fall within the ordinary points-based criteria. Such cases are serious illnesses of the student or close relatives requiring continuous medical monitoring in a particular city, sudden and severe deterioration of the family’s financial situation, the death of a parent, divorce with the need for the student’s presence at the family home, or other extraordinary circumstances. The Exceptions Committee assesses the seriousness and the relevance of the grounds in connection with the inability to continue studies in the originating Department, so that proper foundation and substantiation is decisive.

3. Within what time must I act to file an objection?

The deadlines for transfers are extremely short and as a rule peremptory, meaning that their lapse leads to the loss of the right. The objection against the rejection of a transfer is submitted within a few days from the announcement of the results, while the application for annulment before an administrative court is filed within sixty days from the service of the rejection decision. For the exceptional transfer, there is a specific time window set each year by ministerial decision. Prompt action from the very moment of rejection is necessary so that no deadline lapses.

4. What documents do I need for the transfer file?

The file must be complete and well-substantiated. For the financial criteria, tax clearances of the last three financial years of all members of the family, a family status certificate and property certificates are required. For the social criteria, certificates of large or three-child family status, death certificates of a parent, divorce judgments and KE.P.A. opinions for disability of 67% or more are required. In cases of exceptional transfer, a complete medical file from a public hospital, certifications of the attending physician and a social report are required. Each supporting document must align with the requirements of the ministerial decision in force at the time.

5. What chances do I have of a successful outcome?

The chances depend on the strength of the criteria invoked by the student, the consistency of the file with the requirements of the law and the proper substantiation. Where the initial rejection is due to formal omissions, the chances of reversal through an objection are significant. In exceptional transfers, the quality of the medical and social evidence is critical, as is its clear connection to the inability to study in the originating city. At the judicial stage, the chances of annulment increase where defects are identified in the reasoning of the decision, breaches of the principle of equality, or erroneous application of the points-based criteria.

6. What is the role of the lawyer in the procedure?

The lawyer undertakes the comprehensive preparation of the file, so that each supporting document corresponds precisely to the requirements of the law and of the relevant ministerial decision. He drafts the objection against the rejection decision, identifying the legal and substantive errors of the administration, and files an application for annulment before the competent administrative court if required. In exceptional transfers he highlights, with legally substantiated reasoning, the seriousness of the medical, financial or family grounds. The firm’s experience in cases of administrative law and education law ensures compliance with strict deadlines and the right strategy at every stage.