03 - Turkey - Specific legislative framework

Main legal frame of higher education in Turkey was determined by Anayasa 1982 (Constitution), Milli Eğitim Temel Kanunu, No. 1739 and Yükseköğretim Kanunu No. 2547. These laws are inclusive and binding for all public and private higher education institutions.

Articles No. 130, 131 and 132 of the Anayasa 1982 are directly related to the scope and arrangement of higher education. Beyond constituting constitutional frame these articles are mentioned to have regulatory characteristics for higher educational structure and treatment.

The article No. 130 of the Anayasa 1982 foresees many arrangements about higher education under the title of Higher Education Institutions. According to this Article:

  • Within an order based on modern education-instruction principles so as to raise manpower in accordance with the requirements of the nation and the country, educate, instruct on various levels based on secondary education, to conduct scientific research, to publish and to give consulting service, to serve the country and humanity universities as legal personalities holding scientific autonomy, consisting of various units are founded by State via law.
  • Higher educational institutions that shall be subjected to state supervision and observation can be founded by private organizations that are not intended to be profit making.
  • It is observed that universities expand countrywide.
  • Universities and their academic members and their assistants are free to make all sorts of scientific researches and to publish their works.
  • Universities and affiliated units are under observation and supervision of the State and security services for the universities are provided by the State.
  • University rectors are selected and assigned by the President and deans by Yükseköğretim Kurulu (YÖK). Assignation procedures and principles are determined by law.
  • By no means academic staff can be suspended from duty by authorities excluding Yükseköğretim Kurulu (YÖK) and the authorized bodies of universities by management and supervision bodies.
  • The budget that is prepared by universities are submitted to the Milli Eğitim Bakanlığı (MEB) after inspected and approved by Yükseköğretim Kurulu and enforced and supervised by treatment in accordance with the principles that general and annexed budgets are dependent.
  • The foundation and bodies of higher educational institutions and selections of them, procedures of executing their duties, authorizations and observations and supervision and observation rights on universities, duties, titles, assignations, promotions and pensions of academic staff, academic staff' relations with public institutions and other institutions, education levels and processes, entrance to higher education, continuation and receivable charges, principles on benefits by the State, discipline and penalty works, financial affairs, employee personal rights, conditions to be observed by academic staff, assignation of academic staff according to intercollegiate requirements, executing education and instruction in independence and assurance in accordance with the needs of modern science and technology, usage of financial resources provided by the State for Yükseköğretim Kurulu and universities are arranged by law.
  • Higher education institutions that are founded by private organizations (foundation), their academic studies excluding financial and administrative issues, providing academic staff and their security are subjected to the clauses that are mentioned in the Constitution for higher education institutions founded by the State.
The article 131 of the Anayasa 1982 foresees the foundation of a Yükseköğretim Kurulu (YÖK) and includes general arbitrations on the structure of this council, their duties, constitution form of the council and qualifications of eligible committee members and detailed arrangements are foreseen to be enforced by law. Within this article the objective of the Yükseköğretim Kurulu is determined as planning, arranging, managing, supervising education in higher education institutions, directing educational-instructional and scientific research activities in higher educational institutions, providing foundation, development of these institutions in accordance with the objectives and principles that mentioned by law and providing effective usage of resources which are allocated to universities. By this arrangement the tasks of planning, arrangement, management and supervision in higher education is given to this council.

By article 132 and higher education institutions that are affiliated to Turkish Armed Forces and police organization are foreseen to be subjected to the clauses of the specific laws.

The second fundamental law about higher education is the Milli Eğitim Temel Kanunu. Rather than being a regulatory law directly this law includes guiding and explanatory directives mostly on principle level. Within this law the scope of higher education, objectives and tasks, definition of higher educational institutions, charged tuition, general rules on higher education planning are included.

The third fundamental law on higher education is the Yükseköğretim Kanunu. The aim of this law is to determine the objective and principles of higher education and to arrange the organization, management, tasks, authorizations and obligations of higher education institutions and superior institutions and the rudiments on education, research, publishing, academic staff, students and other personnel within an entirety. The Law is an extensive law that deals with all the aforementioned sides of the subject and foresees detailed arrangements and constitutes a systematic base for higher education system as a whole. It is an omnibus act for higher education institutions and has a centralist characteristic in principle. Also there are more than fifty regulations that constitute a basis for practices related to some provisions of this act. Excluding these fundamental laws there are various laws regulating different issues about higher education.

Institutions:

 

Ministry of National Education
Millî Eğitim Bakanlığı Atatürk Bulvarı Bakanlıklar Ankara/TÜRKİYE
Tel.:+90 312 424 08 87
Fax:+90 312 417 70 27
Website:  http://www.meb.gov.tr

 

Higher Education Council
Yükseköğretim Kurulu Başkanlığı 06539 Bilkent Ankara/TÜRKİYE
Tel.:+90 312 298 70 00
Fax:+90 312 266 51 53
E-mail:  webadmin@yok.gov.tr
Website:  http://www.yok.gov.tr


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Date: 2009
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