Allocation and judicial inspection of public property for tourism purposes

This study examines the allocation of public real estate for tourism investments and the judicial review of these transactions. The tourism sector is strategically important for economic development and employment creation, and one of the most important incentives implemented by the state in this area is the allocation of public real estate to investors. However, the allocation of public real estate to private entrepreneurs for tourism investments is directly linked to the principles of public interest, environmental law, sustainability, and constitutional protection. Therefore, not only the economic dimension of allocation processes but also their legal and social impacts should be considered. This study analyzes allocation processes within the framework of Tourism Encouragement Law No. 2634 and relevant secondary legislation. The scope of judicial review is outlined in line with the precedents of the Council of State and the Constitutional Court. The study specifically focuses on the timeframe for filing a lawsuit, trial procedures, legal capacity, and legal remedies. It concludes that cases related to tourism investments are subject to the expedited trial procedure, distinguishing them from other administrative cases through features such as a 30-day filing period, limited defense stages, and the ability to appeal directly to the Council of State. The findings demonstrate that the administrative judiciary plays a role in overseeing the allocation of public real estate for tourism investments, limiting the administration's discretion and protecting the public interest. However, while the expedited trial procedure ensures swift decisions, there is also criticism that it restricts defense rights. It is clear that a delicate balance must be struck between accelerating tourism investments and the right to a fair trial. In conclusion, the allocation of public real estate for tourism purposes is a multifaceted process that must be addressed not only from an investment and economic perspective, but also from a legal, environmental, and social perspective. In this context, an effectively functioning judicial review mechanism contributes to the development of sustainable tourism policies by ensuring a fair balance between the public interest and private investment.