Events
The applicant graduated from the law faculty of a university abroad that was granted national equivalence by the Council of Higher Education (YÖK). Subsequently, YÖK did not grant equivalence to the applicant’s bachelor’s degree, stating that the length of time spent in the country was insufficient for legal education. Upon this, the applicant filed a lawsuit with the Administrative Court (Court). The Court dismissed the case on the grounds that the applicant’s period of residence in the country was “seriously insufficient” for law faculty education, which requires compulsory attendance and provides formal education. The applicant’s appeal was rejected by the Regional Administrative Court.
Allegations
The applicant claimed that his right to education had been violated due to the rejection of his request for equivalence to be granted to his bachelor’s degree obtained from a university abroad recognized by the Council of Higher Education (YÖK).
The Court’s Assessment
Although the applicant stated that he chose the university in question because it did not have compulsory attendance and that many law faculties in our country do not require compulsory attendance by senate decision, it is clear that the type of education for which the applicant requested equivalence was formal education. The “Regulation on Equivalence of Foreign Higher Education Diplomas” (Regulation) separately regulates the procedures and principles for formal education and distance education, and as a rule, students in formal education are required to physically attend classes and practical training during the education and training period. In this context, the fact that there is no attendance requirement at the university where the applicant is enrolled or that many law faculties in our country do not require attendance does not entitle the applicant to be exempt from the attendance requirement for formal education in the diploma equivalence procedures they have requested.
The applicant stated that the criterion regarding the attendance requirement taken into account by YÖK in equivalence procedures was unpredictable and presented sample court decisions in this regard. Indeed, upon examination of the aforementioned decisions, it is understood that YÖK takes into account the length of time students have spent abroad when issuing equivalence decisions, and that the courts—contrary to the applicant’s claim—also consider the length of time the plaintiffs have spent abroad and subject the administrative proceedings in question to scrutiny in this regard.
There is no provision in the legislation regarding the determination of the number of days considered sufficient in terms of the period of stay abroad. However, it should be noted that the state has broad discretion in this area. YÖK stated that the applicant stayed in the country where he studied abroad for sixty-nine days and that this period was insufficient to be considered as having studied at a law faculty.
The program the applicant attended is a formal education program, and the Regulation to which it is subject stipulates that the originals or certified copies of passports used during higher education may be requested. When this issue is evaluated together with the discretion of the administration, the fact that the Regulation does not specify that the applicant’s period of stay abroad will be subject to additional evaluation does not create a predictability problem in terms of the relevant regulation.
The fact that courts have issued varying decisions in different cases, when considered alongside other factors, will not grant the applicant, who has failed to fulfill their legal obligations, the right to obtain equivalence for their diploma. It has been concluded that the decision to reject the applicant’s request for diploma equivalence is proportionate. The reasoning of the court of first instance is relevant and sufficient for the interference with the applicant’s right to education.
The Constitutional Court has ruled that the right to education has not been violated based on the stated reasons.
