Whether an announcement is to be regarded as official is not always clear. Article 30 establishes a two-tier mechanism to resolve that uncertainty.
The Definition of an Official Announcement — Art. 29
Announcements that do not bear the character of advertising and that are:
- a) those whose publication is mandatory under a law, a Presidential Decree or a regulation (private associations excepted), or
- b) those given by general and annexed budget offices, special provincial administrations, municipalities, villages and State Economic Enterprises, and by bodies more than half of whose capital belongs to public law legal persons
are regarded as official announcements.
The First Tier: The Board of Directors — Art. 30/1
In cases where the Directorate General or the governorships are in doubt as to whether an announcement may be regarded as an official announcement, or where there is a dispute between them and those concerned, the decision of the Board of Directors of the Agency is followed.
| Situation | Deciding authority |
|---|---|
| The Directorate General is in doubt | The Board of Directors of the Agency |
| The governorship is in doubt | The Board of Directors of the Agency |
| There is a dispute between them and those concerned | The Board of Directors of the Agency |
The Second Tier: A General Assembly Principle Decision — Art. 30/2
Where the Board of Directors considers it necessary, or where the governor, the Directorate General or a person concerned so requests, the matter is referred to the General Assembly for a principle decision to be taken.
- Where the Board of Directors considers it necessary
- Where the governor so requests
- Where the Directorate General so requests
- Where a person concerned so requests
The Nature of Principle Decisions — Art. 30/3
Example Subjects Resolved by Principle Decisions
| Subject | Decision No. | Result |
|---|---|---|
| Affiliates of State Economic Enterprises | 42 (14.02.1969) | The announcements not of an advertising character of the affiliates in which they hold more than 50% of the capital are regarded as official announcements |
| Merged institutions and affiliates | 70 (25.08.1978) | Where the total of the capital shares in the new affiliates reaches the prescribed rate, they are treated like the organisations within the scope of the provision |
| Vakıflar Bankası and Vakıf Emeklilik | 181 (21.11.2008) | Because they are among the statutory customers of the Agency, their announcements and advertisements are published through the Agency |
| Agricultural Producer Unions | 207 (21.06.2017) | General assembly convening announcements are official announcements within the scope of Art. 29/a; the Unions fall within the definition of other institutions established by law |
| Where another person pays the announcement fee | 153 (17.11.2000) | Even where the fee is paid by third persons, the announcement falls within the scope of Art. 42 |
The Dispute over Non-Inclusion in the List — Art. 37/2
Disputes arising from non-inclusion in the list are resolved under the procedure in Article 38. However, in that case the Board of Directors gives its decision within one week.
Announcement of the General Assembly Decisions — Art. 36
The decisions to be given by the General Assembly of the Agency concerning the principles of distribution, the qualities of periodicals and the duties to be imposed on them under Article 35 are announced in the Official Gazette.
Conclusion
If the Directorate General or the governorships are in doubt as to whether an announcement is to be regarded as official, or if a dispute arises between them and those concerned, the decision of the Board of Directors of the Agency is followed. Where the Board of Directors considers it necessary, or where the governor, the Directorate General or a person concerned so requests, the matter goes to the General Assembly for a principle decision. The principle decisions of the General Assembly on this subject are final and are published in the Official Gazette.