Legal status of foundation higher education institutions

Foundation Higher Education Institutions constitute one of the controversial issues of Turkish Administrative Law. On the one hand, there is the fact that the founding will, the financing and budget required for the establishment are met by the founding foundation, which is a private law legal entity; on the other hand, there is the Constitutional provision stipulating that universities shall be established by law and shall have public legal personality. This issue has been discussed both by the Constitutional Court and in the doctrine. It is very difficult to provide a concrete solution to the issue due to both the ambiguity in the Constitutional provision and the exceptional situation brought by the establishment stage of the foundation higher education institution to the general principles of administrative law. For these reasons, its legal status should be determined by both constitutional provisions and jurisprudential criteria. Finally, the points where this person differs from other higher education institutions should be determined.