Ege University's Decision Ignoring the Constitution Taken to Court

Trade unions are preparing to challenge a decision by Ege University's administration that requires rectorate approval for all events, including demonstrations, marches, and press statements, held at its campuses. Unions argue that this policy infringes upon fundamental constitutional rights and have vowed to take legal action.

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This decision is a regulation that makes fundamental rights and freedoms guaranteed by the Constitution subject to administrative discretion, which is contrary to the law. We do not accept this regulation and demand that this unlawful decision be immediately withdrawn.

Education Union (Eğitim Sen) İzmir No. 3 Branch Executive Board and the Health and Social Services Workers' Union (SES) İzmir Branch Executive Board announced their intention to take the decision to court. Lülüfer Körükmez, head of Eğitim Sen İzmir No. 3 Branch, stated that the policy makes constitutionally guaranteed rights subject to administrative discretion, deeming it unlawful. "This regulation is contrary to the law," Körükmez said, demanding its immediate withdrawal.

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The right to freedom of expression and dissemination of thought, the right to assembly and demonstration, and trade union rights, which are guaranteed by the Constitution, are not rights that depend on administrative approval. They are indispensable fundamental rights guaranteed by a democratic legal state, not privileges that can be used at the administration's discretion.

Körükmez emphasized that the right to freedom of expression and dissemination of thought, as protected by Article 26 of the Constitution, and the right to assembly and demonstration under Article 34, are not subject to administrative permission. These are essential rights in a democratic legal state, not privileges granted at the administration's discretion. She further argued that the university's decision lacks a legal basis in existing laws, such as the Law on Assemblies and Demonstrations (Law No. 2911) and the Law on Higher Education (Law No. 2547). Introducing a "prior approval" requirement not stipulated by law violates the principle of legality and the hierarchy of norms.

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The Rectorate's attempt to base this decision on Law No. 2911 and Law No. 2547 on Higher Education is devoid of legal basis. The establishment of a 'prior approval' requirement not foreseen by the law, by an administrative decision, is contrary to the principle of legality and the hierarchy of norms, and leaves the exercise of fundamental rights to the discretion of the administration.

The unions also contend that the decision violates international human rights law, referencing Articles 10 (freedom of expression) and 11 (peaceful assembly) of the European Convention on Human Rights. They assert that administrative regulations cannot be interpreted or applied in a way that undermines the essence of fundamental rights or makes their exercise practically impossible. The policy is also seen as a direct interference with trade union freedoms, which are protected by the Constitution, Law No. 4688 on Public Officials' Unions and Collective Bargaining, and ILO Convention No. 87. Requiring prior administrative approval for union activities, such as informing members and the public, is considered unacceptable.

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The decision is also unacceptable in terms of trade union rights. The right to trade union organization and activity is protected by the Constitution, Law No. 4688 on Public Officials' Unions and Collective Bargaining, and ILO Convention No. 87, to which Turkey is a party. These guarantees provide for trade union activities to be carried out independently of the interference of public authorities.