What it does require, though, is a clear statement that the decision aimed at dividing Turkey into two halves and classes does not befit a country otherwise promoting a distinct Western, civilized and modern course of domestic politics. Education is YÖK’s domain, not a judge’s responsibility. That is why Turkey so urgently needs a civilian constitution to make interferences into its democratic fabric no longer possible. The problem is that matters take longer in this fascinating country, and every observer is well advised to accept this reality. I’ll come back to this point.The Council of State decision, unlike others before, no longer has the impetus of a torpedo aimed at sinking the republic, launched from a safe distance in well-guarded buildings in even better-shielded institutions’ headquarters; times have changed, and democracy in Turkey is blossoming indeed.
Turkish citizens are trying to come to terms with its undeserved past of barracks-based interventions, illegal military coups and cold-blooded murders in the name of a subversive, anarchic deep state. Staying in the same picture, the Council of State decision I am writing about today is rather like a short circuit within an ocean liner’s electrical system, a headache for the mechanics, but definitely no longer impacting the safety of the ship.
So let us put the coefficient decision into a wider picture. First, asking for the abolishment of the Council of State or for the government to ignore its decision would be out of sync with legal realities. Reforming it over time is more suitable and the only option, actually. Perhaps YÖK can re-label vocational high schools “institutions of vocational, professional and further education” and then finally remove the coefficient from the record?
Second, criticizing the Justice and Development Party (AK Party) for not having done enough to bring democracy forward would be a total misrepresentation of facts.
Third, listening to and accepting every comment originating in Brussels, which is once more focusing on Cyprus instead of asking Ankara how it can better support its EU harmonization efforts, is not helpful either. If Brussels does not value the enormous success story the AK Party government can present despite of not having solved the Cyprus impasse (which in 2004 was created by the EU itself), continues to constantly lament about Article 301 (old and new) and complains about why the new Turkish constitution is still not drafted, then one may come to the conclusion that the EU apparently reduces Turkey’s EU accession process to only a few issues. It took the EU more than 50 years to come up with a “quasi” constitution in the form of the Lisbon Treaty -- so how can that Brussels expect Ankara to achieve similar results in less than a decade? Patience and more honest brokering would be a much welcome alternative.
The way forward for Turkey, in my humble opinion, is to continue on its complicated but ultimately rewarding path to gradually change the country’s agenda, to step-by-step replace the older generation of verbal warmongers with young and aspiring politicians, to better train its judges to learn more about a legal framework which is in motion and, most of all, to draft the missing link: a new, civilian constitution. This should happen over time, but as quickly as possible.
Even if there is a mathematical margin of error involved, the only way to achieve all this is by winning the next general elections. People vote with their wallets, and Turkey’s economy is relatively steadfast. Elections bear the risk of loss -- if the AK Party manages to explain to its electorate why it thinks the Council of State made a mistake, it may use it as one decisive issue. Some 20 to 30 such issues could then become the winning formula. Hence, we should thank the Council of State for making sure that the AK Party will win a comfortable majority in 2011, hopefully reaching the magic two-thirds parliamentary threshold to finally push through all sidelined reforms, including a new civilian constitution.
