The Constitutional Court (AYM) repealed the legislation that authorised the Council of Higher Education (YÖK) with opening direct investigations against faculty members, due to “weakening scientific independence and exceeding the authority of monitoring.” The High Court decided that the regulation violated Articles 130 and 131 of the Turkish Constitution. AYM further found the amendment made on the Public Officers Law No. 657 against the Constitution as well. The amendment predicted that faculty members are completely bound to the same rules as public officers. It was indicated that binding statements to be made by a faculty member through press or media on his/her scientific activities to a disciplinary sanction does not correlate with scientific independence. “The act of being political party members, which was not banned by the Constitution to faculty members, being considered a basis for dismissal contradicts the Constitution,” the court stated. The court further indicated that the exact application of the regulations predicted for public officers, such as uniforms and working times, to faculty members does violate Article 130 of the Turkish Constitution.
18.07.2019
bianet.org