Kamu ihale kurumu’nun kuruluşu, organik yapisi, işleyişi ve işlevsel özellikleri

Abstract

The principal subject of the Public Procurement Authority which is established with 4734 Numbered Public Procurement Law is to perform the public procurements according to the regulation and developing the procurement policies without being posed to political impressions that will prevent the economy to politicize, although the Authority is an independent, autonomous and objective, making an amendment in the draft while the Public Procurement Authority is a draft for considering the political balances in the Council performance and entering into force and furthermore deciding to create the Authority as a result of “global consensus”, has made the Authority – politics relation‟s examining an obligation. So, in our study we examined especially Public Procurement Authority‟s autonomous and objective structure and whether it is an Independent Administrative Authority by means of regulation function and especially its place against legislation and execution powers. Despite the Public Procurement Law has entered into force at 01.01.2003, it has changed 16 times. The latest amendment that was done with 5812 numbered Law, the procedure of investigating the claims has removed, expanding the 3rd article which the exceptions are regulated regarding the duty are of the Authority and making the exception a rule, removing the authorization of the Authority regarding the ex officio investigation about the complain applications and increasing the complaint application costs as not acceptable for right to legal remedies has decreased the functionality of the Law.