Türkiye Adalet Akademisi Dergisi

Yazarlar: Zeynep GÜNLER

Konular:Hukuk

Anahtar Kelimeler:Privatization,Most efficient use of public funding,Competition,The principle of publicity,Public welfare,Judicial decisions,Nonenforcement of annulment decisions

Özet: This work is allocated to the positions of the administrative courts in Turkey as regards to privatization practices. It mainly focuses on judicial decisions after 1994 which is the date when privatization has gained a legal framework. First, the procedural issues that arise from administrative judicial review of privatization practices are examined within the subtitles of legal capacity of being claimant, defendant, competent judicial authority, final and enforceable act. On the other hand, substantive causes of discountenance are grouped as the non-use of public funding in most efficient ways, tender specifications being under qualified to guarantee the benefits expected from privatization, non-establishment of a competitive environment, ignoring monopolistic structure, contradiction to principle of publicity and contradiction to public welfare. Legal problems arising from aforementioned topics are evaluated with the light of judicial decisions. The aftermath of the annulment decisions regarding the privatization practices is the most appealing issue.

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