The answer divides in two. General Assembly Principle Decision No. 162 of the Press Advertisement Agency (decided 15.11.2002, Official Gazette 22.11.2002 / 24944) splits the announcements of foundation universities into compulsory and voluntary and applies a different tariff to each. Both, however, must be published through the Agency.
Where the decision came from
The decision arose from a disagreement in practice. Disputes with some newspapers arose over intermediation and price tariffs in relation to the announcements and advertisements of universities founded by foundations and subject to Higher Education Law No. 2547 concerning student admission and registration; seminars, panels and courses; master’s and doctoral education; and cultural and educational activities.
The General Assembly settled the matter by principle decision under Articles 30 and 38 of Law No. 195.
The legal position of a foundation university
The reasoning of the decision rests on the dual character of foundation universities. They are organisations established by a law of their own and subject to the provisions of Law No. 2547, under the supervision and audit of the Higher Education Council, and bearing the character of public institutions.
They were therefore treated as being among both the organisations established by law referred to in Article 42 of Law No. 195 and the organisations having public legal personality referred to in Article 2 of General Assembly Decision No. 67.
The twofold distinction
| Type of announcement | Tariff | How it is published |
|---|---|---|
| Official announcements it is obliged to publish under a law, by-law or regulation | The official announcement price tariff | Through BIK branches |
| Any private announcement or advertisement it wishes to publish on its own initiative, not being compulsory | The private announcement and advertising price tariffs newspapers will determine for universities under Art. 45 of Law No. 195 | Through BIK branches |
The decision also sets a limit for the private announcement and advertising tariff: newspapers must determine that tariff for universities in a way that does not lead to unfair competition.
The obligation on publications
The closing sentence of the decision is addressed to publications: periodicals must comply with the provisions of Article 42(2) of Law No. 195 in relation to these announcements and advertisements.
The practical consequence: accepting an announcement or advertisement coming directly from a foundation university means publishing an announcement not given by the Agency. Even where the request reaches you directly, it must be directed to the Agency channel.
Comparison with state universities
Article 5(1)(b) of the Regulation on Official Announcements and Advertisements lists universities directly: announcements belonging to those organisations that are not of an advertising nature are official announcements.
Decision No. 162 ensured that foundation universities are assessed within that framework and additionally clarified which tariff voluntary promotion is subject to.
Conclusion
Announcements foundation universities are obliged to publish under legislation are official announcements and are published over the official announcement price tariff; promotional announcements they give on their own initiative are private announcements and advertising and are published over the tariffs newspapers determine for that purpose.
In both cases publication is arranged through the branches of the Press Advertisement Agency. The general definition of an official announcement is covered in the classification guide.