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Greek Ombudsman
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11/02/2008
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Legal provision
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Directive 2004/38/EC, Directive 2000/43/EC
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Area
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Education
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Form of Discrimination
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Direct discrimination
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Grounds of discrimination
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Discrimination on ground of racial or ethnic origin, Discrimination on ground of nationality
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Topic
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Discrimination by public bodies
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Education , Discrimination on ground of racial or ethnic origin , Greece .
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Key facts of the case:The Greek Ombudsman mediated upon a complaint submitted by an Albanian student of the Technological Institute (TEI) of Larisa about the denial of the competent authorities to grant him a scholarship on the grounds of his nationality. Scholarships are provided only to students who are either Greek or ethnic Greek third country nationals. In this way both EU citizens and third country nationals who are not of Greek ethnicity are excluded from such student financial support.Main reasoning/argumentation:Par.4 art.16 of the Greek constitution about students’ special support may be broadly interpreted as including all students and not only Greek ones. Furthermore, the integration of third country nationals is based on equal treatment especially for those residing permanently or who were born in Greece. The Long Term Residence status legal framework also provides for equal treatment on education and vocational training.The Greek Ombudsman in its recommendations: a) judged that the Greek state is obliged to initiate the amendment of the regulatory framework for scholarships by the Foundation for State Scholarships towards the direction of equal footing between Greeks and i) long term resident third country nationals ii) EU citizens residing permanently in Greece and their family members, b) proposed to recognize such right also to third country nationals with strong bonds to Greece on the basis of having graduated from a Greek secondary education institution and being Greek University students.The Ombudsman emphasized that it is important to concede such right i) to third country nationals born in Greece ii) to holders of long term residence permits and iii) to long term long term residents’ children.Key issues (concepts, interpretations) clarified by the case:The Greek Ombudsman judged that although discrimination on the grounds of nationality is in principle acceptable under the anti-discrimination legislation in force (law n.3304/2005 transposing RED), equal treatment of students residing permanently in Greece, irrespective of nationality should be pursued through amendment of the legislation currently in force. The Ombudsman based its reasoning on the long term residence status and the general principles for immigrants’ integration deriving from the transposition of the respective Directives (2003/109/EC & 2004/38/EC), while it did not establish discrimination on the basis of Directive 2000/43.Results (sanctions) and key consequences or implications of the case:The Greek state has not yet responded to the Ombudsman’s recommendations for amendment of the current legislation excluding not Greek University students from being granted scholarships.
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Relationships
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deciding / involved body
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