Ağırel comments: 'Cancellation decision may conflict with principles of legal certainty'

Following the cancellation of İmamoğlu's diploma, reactions and statements regarding the issue have been coming one after another. Journalist Murat Ağırel also referred to a past ruling in a post he shared and provided noteworthy information.

Here is that post by Ağırel:

Istanbul University has cancelled the diplomas of 28 people, including Ekrem İmamoğlu, on the grounds of "non-existence" and "obvious error." The justification provided is that the lateral transfers made in 1990 were contrary to regulations.

However, according to the Constitutional Court's (AYM) 2023 ruling on Abidin Pişgin, the period for the administration to cancel a past action, except in cases of fraud or obvious error by the administration itself, is limited to the statute of limitations for filing a lawsuit. The Constitutional Court has found it unlawful for the administration to cancel an action resulting from its own error years later by placing the burden on individuals.

How is the concept of "obvious error" defined? If the error stems from the university's own lack of oversight, according to the Constitutional Court's jurisprudence, this cannot be attributed to the individuals.

The cancellation of actions from 1990 after 35 years may conflict with the principles of legal certainty and good governance.

Due to the disproportionate interference with the right to education, there is a possibility that the cancellation could be ruled unlawful based on the Constitutional Court's previous jurisprudence.