6th International Congress Of Scientific Research (AI)
Evaluation Of The Individual Application To The Constitutional Court In Public Procurement (AI)
Disiplin:
Asian Cinema and TV
Konu:
Asian Cinema and TV
As neoliberal policies become effective in the world, the concepts of the state’s implementation of public services have changed.The states have withdrawn from the position of producers and have come to the position of receiving public services from institutions and organizations that produce in market conditions.Such a change has made public purchases very important and open to competition in the new public spending, and the market is also determining.In its essence, the public procurement that houses goods and services and construction works, the public service is a special appearance and the right to enter the public service also includes the Constitution’s subtitle article 70, “the nature of fundamental rights and freedoms” subtitle article 12 and “the limitation of fundamental rights and freedoms” subtitle article 13 in the protection of the guaranteed equality of competition and the protection of fundamental rights and freedoms in various ways of seeking rights.The individual application method, which is one of these ways, the violation of an current right on the consumption of administrative and judicial means and the loss of fundamental rights and freedoms that are included in all the 1982 constitution, special and additional protocols that Turkey is a party, the individual application method, which is repeatedly subject to the application in terms of public procurement, only in reasonable time the other applications were rejected because they did not comply with the requirements of the application, and one was rejected because it was not violated.First of all, due to the lack of number of applications in public procurement due to the nature of the process, the contractors or the applicants often prefer the administrative pathway that is the pathway of dispute, the judicial pathway that is not faced with the administration and therefore the individual pathway of application is rarely preferred.In general, it will be concluded that the rights to the application should be applied, the existence of fundamental violations, such as the need for the use of ordinary legal means, in public procurement due to the fact that the person concerned with the individual application path is not sufficiently aware of the conditions of the Supreme 384 and therefore that this path cannot be effectively used.
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