Boğaziçi academics appeal against Presidential decision opening two new faculties

* Photo: Boğaziçi University academic Can Candan

Click to read the article in Turkish

Boğaziçi University academics, who previously appealed to the Council of State against the appointment of Prof. Melih Bulu as a rector to their university by President and ruling AKP Chair Recep Tayyip Erdoğan, have made another application to the high court and requested the annulment of the Presidential decision opening faculties of communication and law.

Releasing a statement about the court case, the academics of Boğaziçi University have defined the related decision as a "decision which is far from being in compliance with the Constitutional principles and rules, which is against the law and even legally contradictory in itself."

'It is against the public good'

Signed by the Academics of Boğaziçi University, the statement has indicated that "the rector appointment, which is obviously against the Constitution, sparked reactions across the country and the relevant experts noted several times that it is against the law and regulations."

Underlining that "none of these reactions was taken into consideration", the academics have stated that "another step contradicting the law was taken and two new faculties were established at the university, again at the weekend, by the Presidential Decision no. 3519 dated February 6."

"We would like to note that this decision is far from being in compliance with the Constitutional principles and rules, it is against the law and even legally contradictory in itself," they have underlined.

The statement of the academics has also reminded that public that "an academic outside the community of the university was appointed as a rector to the Faculty of Law, which was declared to be founded, again without consulting the university (the Boğaziçi University Senate, the Executive Board of the University or other relevant boards) in any way at all."

The academics have stressed that "deciding to open a faculty and appointing people in such a fait accompli does not comply with the Constitutional principles and rules", adding that these two actions are "openly against the Law on Higher Education and far from protecting public good."

"The power of appointment used by the President will lead to damages that are hard, even impossible to recover in the short and long term," the academics have underlined, announcing that "for this reason, an application requesting the stay of execution was made on March 22."

"University autonomy is the prerequisite for academic success. Boğaziçi University is a public university which has embraced universal academic procedures and customary practices and embraced it as its aim to develop these procedures and practices," the academics have said.

"These decisions and practices are far from complying with the Constitutional principles and rules, they are openly against the Law on Higher Education and the law and will inflict great damage to the gains of our university and, thus, to the public good," they have concluded.

Lawyer: It should have been done by law

The statement of the academics has also cited the legal opinion of lawyer Fırat Kuyurtar about the issue.

According to the legal opinion of Kuyurtar, "issuing a Presidential decision, the President, in deciding to open the new faculties, used the power to regulate vested in the legislative bodies." As the basis of this Presidential decision, there is a reference to the Additional Article 30 of the Law no. 2809 on Organization of Higher Education Institutions; however, as indicated by Kuyurtar, "faculties shall be established by law as per the Article 5/f of the Law on Higher Education no. 2547."

Noting that "everything is quite clear even though there seems to be a legal confusion," lawyer Kuyurtar has said that the Law on Higher Education no. 2547 is precedent to the Law no. 2809 on Organization of Higher Education Institutions and has the characteristics of a general law."

"For this reason, this action is against the law as an action that shall be takan by law was done by a decision," he has underlined.

The lawyer has noted that "the situation which seems to be a confusion of authority between the legislative and executive powers was caused by the Statutory Decrees no. 700 and 703, which were issued with the aim of adaptation to the Presidential Government System as per the Enabling Act no. 7142 and foresaw amendments to various laws."

Noting that the lawsuits filed against these two decrees are still awaiting to be concluded by the Constitutional Court, the lawyer has indicated that there will remain no problems if the top court finds them against the Constitution, adding that "even though the Court does not annul these Statutory Decrees, the result will still not change" in the case of Boğaziçi University. (TP/SD)