Boğaziçi University: New faculties taken to Council of State

* Photo: Anadolu Agency (AA)

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After the academics of Boğaziçi University, the Education and Science Laborers Union (Eğitim-Sen) has also taken the Presidential decision opening two new faculties at the university to the Council of State.

The union has noted that the decision is against the law and announced that a lawsuit has been filed at the Council of State with the demand that the file of the case be sent to the Constitutional Court.

Releasing a statement about the issue yesterday (April 7), Eğitim-Sen has first reminded the public that "a rector was appointed to Boğaziçi University by the Presidential decision dated January 1, 2021 in a manner against the principles of university autonomy and democracy and openly against the law, considering that he does not work at the university."

"Following this unlawful action, the Presidential decision no. 3519 was issued to open the faculties of law and communication at Boğaziçi University," the union has said, adding, "Against this decision, we have filed a lawsuit at the Council of State, requesting that the execution of the decision be suspended and the file be sent to the Constitutional Court for below reasons."

Listing its reasons for opening the case, the union has underlined that according to the Article 130/9 of the Constitution, the establishment of higher education institutions and bodies shall be regulated by law.

Referring to the Article 104/7 of the Constitution, which says that "the President of the Republic may issue presidential decrees on the matters regarding executive power," the union has noted that while the related article does not allow such a step to be taken even by a Presidential decree, it is legally impossible to take such a step by a Presidential decision.

'It is against the Constitution'

Eğitim-Sen has further underlined that in addition to the basis of the matter in dispute, the matter itself, namely the opening of new faculties at the university, is against the Constitution of Turkey.

"A university is indisputably more than a signboard and it acquires meaning with other units within its body," the union has underlined, noting that "the acceptance of the contrary will disable the constitutional rule foreseeing that universities shall be established by law."

It has said, "Establishing new faculties without consulting the Council of Higher Education and the relevant bodies of the university is against the related articles of the Law on Higher Education and the Constitution."

Eğitim-Sen has also referred to a Justice Ministry report sent to the Parliament in 2020 and said that according to this report, the number of lawyers has doubled in Turkey in the last 10 years.

"The reason for this is the high number of faculties of law established without taking the needs and public good into consideration," the union has underlined, raising concerns that "several faculties of law are headed by deans who are themselves not legal professionals."

Reminding the public that the faculties of communication in Turkey have also started to give nearly 20 thousand graduates every year, the union has stressed that "in the related Presidential decision, the discretionary power was not used in compliance with the law."

It has noted that "discretionary power does not mean a 'right' granted to the execution or an opportunity to make a disproportionate evaluation."

"In short, it shall be used within the boundaries of the legal order," the Eğitim-Sen union has concluded its statement. (EKN/SD)