Events
The applicant’s work, the private school pose a threat to national security, the terrorist organization Fetullahci and/or membership on the grounds that parallel state structure with a iltisak No. 667 or contact the decree on measures taken under the state of emergency (state of Emergency Decree Law No. 667) were covered by the provisions of.
The applicant has been informed by the Governor’s Office that the work permit has been revoked at the private school due to the closure of the school where he works within the scope of Circular No. 7783529 of the Ministry of National Education (Circular) and that a new permit cannot be issued for another institution. The applicant filed a cancellation case in the Administrative Court (Court) after the request for cancellation of the administrative transaction was tacitly rejected by the Governor’s Office. The court has decided to dismiss the case. The applicant’s appeal against the aforementioned decision was definitively rejected by the Regional Administrative Court.
Count
The applicant claimed that his right to respect for private life was violated due to the cancellation of his work permit as a teacher and the prohibition of issuing a work permit again.
Evaluation of the Court
Considering the decisions of the courts of instance, it is understood that the administrative procedure that is the subject of a concrete event is based on the State Decree No. 667, the Law on Private Educational Institutions No. 5580 and the Circular.
considering the provisions of Law No. 5580 and the Regulation on Private Educational Institutions of the Ministry of National Education together; It is understood that the right to work in private educational institutions is attached to the work permit to be issued by the governorates, in this context, as a result of the examination by the governorates, a permit can be granted to the person who meets the conditions specified in the legislation, but this permit only allows the person to work at the school where he contracts.
In addition, it has been seen that there is no clear provision in the relevant legislation that the work permit should be revoked if the private educational institution is closed, and general regulations have been given that the work permit can be issued and revoked by the governorates. It is also understood that as a result of the revocation of the work permit of a person performing his profession subject to a work permit, a ban on working directly in private institutions is imposed, and there is no provision on the conditions for the implementation of such a ban.
It should be emphasized that the State Decree No. 667 contains a provision on the closure of only private educational institutions, there is no provision that teachers and staff working in these institutions will never work in private educational institutions again, this ban is determined only by a Circular, it is impossible to limit the basic rights and freedoms through a regulatory administrative act.
The first and main condition for an intervention aimed at the right to respect for private life to be considered in accordance with the guarantees provided for by the Constitution is that the intervention has a legal basis. In the concrete case, it is fixed that the interference with the applicant’s private life is based on the Circular as a result. From this point of view, it was understood that the applicant was prevented from performing his profession by an administrative procedure without a clear regulation in the laws related to the movement.
The Constitutional Court has decided that the right to respect for private life has been violated on the grounds described.
You can read our other articles and petition examples by clicking here