Erdoğan's Ex-Advisor: Closing University by Decree Violates Constitution

President Erdoğan's former legal advisor, Prof. Dr. İzzet Özgenç, has strongly condemned the recent closure of a university via presidential decree, asserting that such an action is unconstitutional and violates the rule of law. Özgenç, a respected legal scholar, argues that institutions established by legislative act can only be dismantled through the same legal process, not by executive order.

Özgenç's critique, voiced through social media, highlights a critical procedural flaw. He points out that the university in question was founded by law, and therefore, its legal existence cannot be terminated by a presidential decision. He further elaborates that even if the justification were framed as revoking an "activity permit," this is legally insufficient for closing an institution whose existence is rooted in a specific law. This legal reasoning underscores the principle that executive power must operate within the bounds set by the legislature.

“

The legal existence of a university established by law can only be terminated by law. The legal existence of a university cannot be terminated by a presidential decision while its founding law is in effect.

The former advisor also raises serious concerns about the practical consequences of this decision, particularly the disruption and hardship imposed on students. He suggests that the President may have been misled into making this decision, leading to "unresolvable problems" and significant "grievances" for students whose education is abruptly halted. This points to a potential disconnect between the decision-making process and its real-world impact on citizens.

From a Turkish perspective, this situation raises fundamental questions about the separation of powers and the integrity of legal processes. While the government has the authority to regulate higher education, the method of closure employed here appears to challenge established legal norms. Özgenç's intervention, coming from a former insider, lends significant weight to the criticism, suggesting that even within the administration, there are concerns about the legality and fairness of such executive actions. The article from Cumhuriyet, a prominent Turkish newspaper known for its critical stance, effectively conveys these concerns.

“

President is being deliberately misled. The decision to terminate the legal existence of a university, while its educational activities are ongoing, has led to a series of unresolvable problems and, especially for students, grievances.