Election as a Rector Appointment System in Turkish Universities; Academic freedom or autonomy?

Abstract

Higher Education Council (YÖK) has been a controversial institution due to the military regime environment on the day it was founded. In November 1981, YÖK took its place in the 1982 constitution, whose principles and legal formation were revealed with the law numbered 2547. Before YÖK, the Law on Universities No. 4936, published in the Official Gazette on 18 June 1946, regulated the appointment of rectors by-election. The YÖK law, which was established according to the Constitution adopted on November 4, 1982, put an end to the process of appointing the rectors by-election. On July 7, 1992, an amendment was made to the article of the Higher Education Law regulating the election of the rector, and the election was brought again in the appointments of the rectors. On October 29, 2016, with a change in the conditions of the state of emergency, the rectorate elections were ended again. Misapplications in the appointment or election of rectors have led to serious turmoil in the university environment caused by dissatisfaction, political intervention and pressures, ideological and internal conflicts, slander, and defamation for a long time. Academic freedom is important in universities, but where is the limit of autonomy? It is difficult to say autonomy about universities whether public or private because they are responsible for public service and they use public resources. Therefore, full financial and administrative autonomy pushes the limits for universities. In terms of academic freedoms, the rector’s performance and merit are more important than the way the rectors’ appointment system. This paper discusses election as a rector appointment system in Turkish Universities regarding academic freedom and autonomy.