Judicial regime of public procurement contracts

The most basic missions of goverment is submitting public service to citizens. Goverment can fullfill its mission as in itself, also it can lead natural person to do it in charge of itself. Leading natural person to submit public service could be with unilateral transactions or contracts of goverment. Contracting of goverment with natural person is principal to principal of goverment. Goverment can make contract governed by private law or administrative contract. When goverment make contract governed by private law or administrative contract, it must obey procurement rules. Public procurement contracts is accepted categorically as contract governed by private law in supreme court decisions in Turkey. This opinion in supreme courts decisions is adopted by writers in literature. Administrative contract's criterias is determined in supreme court's decisions. These criterias are contracts to which goverment is party. These contracts which are conducting of public service. These contracts must have conditions which are outside of private law. Public procurement contracts which are signed for the Law no 4735 "Public Procurement Contracts Law", have capacity to fulfill these criterias. In this thesis, this capacity of public procurement contracts are tried to reveal in terms of administrative contracts's criterias. Before this analysing, public procurement contracts's theoretical background is analysed. Public procurement contracts are subject of administrative law. Transitions in public administration discipline which is relevant to administrative law have influence on public procurement contracts's legal status. After this analysing, public procurement contracts's status in European Union Law is analysed. At last, status of these contracts in Turkey is analysed and thesis is completed. KEY WORDS: Public Procurement Contract, Administrative Contract, Transition in Public Administration Discipline, European Union.