This question was answered by a principle decision in 1993, and the answer is instructive for understanding the scope of an official announcement.
Principle Decision No. 126
| Detail | Value |
|---|---|
| Decision number | 126 |
| Date of decision | 14/05/1993 |
| Official Gazette | 11/06/1993 - No. 21604 |
| Basis | Law No. 195 Art. 30 |
| Subject | An application by the General Directorate of Labour of the Ministry of Labour and Social Security |
The dispute was this: the General Directorate of Labour argued that the notices required to be published under Arts. 8 and 9 of Trade Unions Law No. 2821 were not among the official announcements that must pass through the Press Advertising Agency.
The Agency's Answer: The Definition Is Wide
The decision recalls the definition of an official announcement in Law No. 195: Law No. 195 treated as official announcements not only the notices of public institutions but all notices "whose publication is mandatory under laws, by-laws and regulations" (even where they belong to private law legal persons).
The decision also states the single exception: the Law left out only the notices of private associations.
Unions Are Not Associations
The opposing view was that unions were in the nature of associations and therefore fell within the exception. The decision rejects it: the fact that the provisions of the Associations Law apply where Law No. 2821 contains no provision does not turn unions and confederations into associations.
In Which Newspaper Is It Published?
The decision clarifies one more point: the names of the daily newspapers distributed nationwide in Ankara, Istanbul and Izmir provided for in Arts. 8 and 9 of Trade Unions Law No. 2821 can be determined only according to the "List of Newspapers" under Art. 37 of Law No. 195.
The Chain of Decisions
- 3 February 1993 - The General Directorate of Labour argues the notices are not official announcements.
- 15 February 1993 - The Agency Board decides that the notices envisaged by Law No. 2821 are among the official announcements described in Art. 29/a of Law No. 195 and must be published under the principles and procedures in that Law.
- 12 April 1993 - The General Directorate asks for the necessary steps under Art. 30 of Law No. 195.
- 14 May 1993 - The General Assembly decides that the Board decision of 15 February 1993 was correct.
Similar Principle Decisions
The Press Advertising Agency has taken decisions on the same logic for other sectors:
| Subject | Decision |
|---|---|
| Notices insurance and reinsurance companies must publish | A separate General Assembly Principle Decision |
| General assembly convening notices of tradesmen's credit and guarantee cooperatives | A separate General Assembly Principle Decision |
| General assembly convening notices of agricultural producer unions | A separate General Assembly Principle Decision |
| Announcements and advertisements of the affiliates of state economic enterprises | A separate General Assembly Principle Decision |
What It Means for a Publisher
For a newspaper holding the right to publish official announcements, these decisions show the breadth of the announcement pool: the legally mandatory notices of private law legal persons are also distributed as official announcements through the Agency.
Summary
- Under Principle Decision No. 126 of 14/05/1993, notices to be published by unions and confederations under Law No. 2821 count as official announcements within the meaning of Art. 29/a of Law No. 195.
- The definition of an official announcement covers all notices whose publication is made mandatory by laws, by-laws and regulations - including those of private law legal persons.
- Only the notices of private associations are left out.