Constitutional Court annuls presidential decree: 'Universities are autonomous'

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The Constitutional Court has annulled a presidential decree allowing the president to create new academic positions at universities.

Announcing its judgment today (June 17), the top court pointed out the autonomy of universities and the limits of the authority of issuing a presidential decree.

The main opposition Republican People's Party (CHP) had applied to the court demanding the annulment of the decree on July 27, 2020.

In the petition of application, the party stated that the rule "exceeded the limits of presidential decrees in terms of authority" and "provisions regarding the creation or termination of positions concerning academic personnel titled doctor lecturer, associate professor, professor and research associate should be subject to legal arrangements."

A part of the decree cited by the CHP reads: "Adding the Creation of Positions at Higher Education Institutions to the relevant sections of the Presidential Decree..."

The court ruling says the authority to issue presidential decrees is not unlimited and it is not possible to make arrangements on subjects outside the authority of the executive power.

The court emphasized that presidential decrees cannot be on the subjects that should be regulated by law according to the Constitution.

Universities are defined as institutions where scientific studies are carried out and science is taught, and they are evaluated differently from other public institutions by having scientific and administrative autonomy, said the court.

The foundation and organs, functioning and elections, duties, authority and responsibilities of universities and duties, promotion and retirement of the academic personnel should be regulated by law, the court stated. (RT/VK)