The procedure pertaining to the exclusion of European Union Law from the “Basic Fields of Law” required for eligibility to apply for the “Associate Professorship Exam” has been rescinded.
8th Chamber of the Council of State has determined that the reasons underlying the assertions regarding the exclusion of European Union Law from the subject areas applicable for associate professorship were regulated with regard to considerations of public interest and service requisites, and that the administration possessed discretionary authority in this matter and the data substantiating the existence of the grounds establishing the basis for this regulation as well as the information and documentation demonstrating that the regulation was formulated allowing for scientific opinions solicited from academic circles in this direction were not submitted.
The lawsuit aimed at annulling the regulation concerning the exclusion of “European Union Law” from the Basic Fields of Law Table, as outlined in the “Fields of Science and Keywords” established by Inter-universities Council, ratified by Higher Education Council, and published on www.uak.gov.tr. The lawsuit also targeted the rule stated in condition number 51 which stipulated that “Candidate may only apply for the associate professorship exam within the field of science in which they have completed their doctorate” as specified in “Table-5 Basic Fields of Law” regulated under “Application Requirements for Associate Professorship Exam”. As a result of the legal action taken, both the aforementioned regulation and rule have been revoked. (E. 2016/7169, K. 2021/1798)