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Examination and assessment of tendering procedures included in the Public Procurement Law in respect to effective utilisation of public resources

2010
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Advisor: Yrd. Doç. Dr. F.nigün Akça

Abstract (EN)

In parallel with harmonisation with the European Union and the effort on the restructuring public sector the State Procurement Law which had lost its currency in public procurement and was not compatible with international procurement regulations in public sector was replaced by the Public Procurement Law which was put into effect in 2003.In the thesis it?s aimed, in the period from 2003 when the Law was put into effect to now, to evaluate, in utilisation of public resources and in the framework of competition, transparency, equal treatment and public auditing principles, scope, exceptions of the Public Procurement Law and the function of it in the effectiveness of the tendering procedures; to assess the provisions which may limit the effectiveness and to present some recommendation on it..In this context the first chapter of the thesis presents some theoretical information on the effectiveness and efficiency in public expenditures and evaluates the effect of legal arrangement on supply of public services.The second chapter provides information on the previous procurement laws, explains the reasons in replacement of the State Procurement Law by the Public Procurement Law, international public procurement regulations and the European Union Public Procurement Directives which the Public Procurement Law is based on and finally the amendment in the Public Procurement Law has brought along.In the third and the last chapter having assessed the Public Procurement Law in terms of its scope, exceptions, tendering procedures, competition, transparency, equal treatment and public auditing and presented information on the regulations which are not comply with these principles, it?s reached the conclusion that since it does not cover all public resources, there are too many exceptions and still increasing, it gives to the public administration great deal of discretion mandate in selection of tendering procedures and tenderers, on the contrary it limits the auditing in discretion mandate and it hinders competition, equal treatment and public auditing in public procurement the Public Procurement Law has not provided effectiveness in resource management.Key Words1-Public Resources2-Public Procurement3- Tendering Procedures4-Competition5-Effectiveness

Author

Rıza Cem Ertaş

How to Cite

Rıza Cem Ertaş (Master Thesis). Examination and assessment of tendering procedures included in the Public Procurement Law in respect to effective utilisation of public resources, 2010, Gazi University, Maliye Bölümü.

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