Closing down prep schools and calling it ‘transformation’


Date posted: December 4, 2013

BÜŞRA ERDAL, İSTANBUL

Describing the government’s plan to close down the prep schools as a “transformation” is nothing more than saying, “I’m not going to say ‘close down prep schools,’ but I’m going to close them down.” The draft law in question will affect millions of students and their parents, but the debate on prep schools continues with a play on words. In this regard, it is more fruitful to address the legal and constitutional aspects of this issue, and to stick to the essence of the debate.

Article 48 of the Turkish Constitution plays a key role in the debate about the closure of the prep schools. Article 48 says that “everyone has the freedom to work in the field they want. It is free to establish private enterprises.” Full stop. The rulings of Turkey’s Constitutional Court and the European Court of Human Rights (ECtHR) show how this article is implemented.

In a case involving a Turkish citizen who had worked as an insurance inspector before the government revoked his license due to an amendment to a law regulating the sector, the Constitutional Court examined the constitutionality of the amendment — Section 22 (14) of Law 5684. In its judgment, published on June 9, 2011, the court found that the provision in question was in violation of Article 48 of the Constitution.

The case began in 2009 when the defendant’s license to work as an insurance inspector was revoked. The amendment that caused this, passed in 2007, banned insurance inspectors from working in the industry if their spouses or children also work in the insurance sector. The defendant sued the government, challenging the constitutionality of the amendment.

The Constitutional Court found that the amendment imposed restrictions on the defendant’s right to free enterprise, and that these restrictions violated the proportionality principle.

The ECtHR came to similar conclusions in cases involving Ukraine and Moldova. In one, the Moldovan government canceled the license of a mining company. In the other, a mining company was closed down by the government of Ukraine. When the companies challenged the Moldavian and Ukrainian governments at the ECtHR, the court ruled in favor of the mining companies.

Considering all this, the Turkish government might have thought the decision to close the prep schools would not be in compliance with the Constitution because it would violate the right to free enterprise.

As Deputy Prime Minister Bülent Arınç said recently: “This is not closure. We call this a transformation process. This process is called transformation in law.” Are “transformation” and “closure” really different things?

Prep school representatives say, “You cannot close down our businesses.” The government says, “We are not closing them down, we are transforming them.” Transformation is outside interference; these businesses will no longer be allowed to operate as prep schools. The government isn’t telling the prep schools, “Either remain prep schools or turn into private schools.” It is saying, “You are not going to remain prep schools; you will turn into private schools.” Although the government seems to be offering an alternative to closure, this is nothing but an imposition. Prep schools, which owe their existence in Turkish education to a law dated 1965, are being told, “There is no need for prep schools; you can no longer operate.”

Just as the state did not say to its citizens in the 1970s that “there is a need for prep schools, open prep schools,” it cannot now say to them that “there is no need for prep schools, turn them into high schools.” That would be an open violation of Article 48 of the Constitution. The prep schools, which came into existence because of a need, will disappear naturally when there is no longer a need for them.

All in all, when we examine the government’s “transformation” plan for the prep schools, we find bans and closure. This is so evident that it cannot be covered up with a play on words.

Source: Today's Zaman , December 4, 2013


Related News

Atyrau student wins silver in Brazil research competition

Talgat Yegizbayev, an 11th-grade student from Kazakhstan, has been awarded a silver medal at the International Science Olympiad MOSTRATEC in Brazil, Tengrinews reports citing Munaily Astana.

Bulgaria, the state sentenced to compensate Turkish journalist

The European Court of Human Rights condemned Bulgaria for the 2016 extradition of a Turkish journalist, hastily handed over to the Turkish authorities who accused him of being part of the Fehtullah Gülen movement, in violation of national and international rules.

Scholars: Hizmet efforts to build schools will not stop

Taipei, Dec. 12 (CNA) Supporters of a civic movement inspired by Fethullah Gulen, one of the most important Muslim figures in Turkey, will not cease their efforts to build schools as long as there is a demand for such service around the world, according to a Turkish scholar dedicated to the movement. The Hizmet movement […]

The Erdoğan mafia

Turkey is now run by a mafia. Prime Minister Recep Tayyip Erdoğan is at the top of this organization. He has created parallel financial, social, religious and legal structures to maintain this mafia organization.

Acting in ‘Selam’ a once-in-a-lifetime experience for actors

The new Turkish movie “Selam,” which opened in movie theaters last Friday, tells the stories of three idealistic teachers who have been appointed to teach at Turkish schools in three different countries.  Burçin Abdullah plays Zehra, who has been appointed to teach at a school in Kabul. Yunus Emre Yıldırımer plays Harun, Zehra’s colleague and […]

Top AK Party official likens Gülen’s stance on peace talks to that of Mandela

Justice and Development Party (AK Party) Deputy Chairman Hüseyin Çelik has expressed appreciation for Islamic scholar Fethullah Gülen’s support for ongoing talks with the terrorist Kurdistan Workers’ Party (PKK), likening Gülen’s remarks to those of South African politician Nelson Mandela. In his latest weekly speech, broadcast on website Herkul.org last Sunday, Gülen said as long […]

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

Is [Erdogan’s] Maarif Foundation capable of delivering quality education?

Somali education minister praises opening of Turkish school

An American’s journey into a Hizmet school in Turkey

Shahbaz lays foundation stone of Pak-Turk school

Religious communities under threat in Turkey

Gov’t profiling of individuals found unacceptable, unlawful

Kimse Yok Mu flies back 210 Somali students

Copyright 2026 Hizmet News