Administrative application ways and application capacity in public procurement law no. 4734

Public Procurement Law No. 4734 regulates the procedures and the principles related to tenders in accordance with the scope of the Law. In the Law No. 4734, compulsory administrative audit mechanism, which is not found in the other public procurement procedure acts, is established. The rules of this mechanism are indicated in the following provisions of the Law No. 4734: in Article 54 titled as applications for tenders, in Article 55 titled as complaint application to the administration and in Article 56 titled as the appeal application to the Public Procurement Authority. In the provision of Article 54/1 of the Law No. 4734, it is reported that potential tenderers, tenderers or candidates, who claim that they have suffered a loss of right or damage or likely to suffer a loss of right or damage due to the unlawful procedures or actions within the process of the tender may file a complaint and appeal in line with the procedures and the principles of this Law. In the provision of Article 54/2 of the Law No. 4734, it is reported that the complaint application to the administration and appeal application the Public Procurement Authority are the compulsory administrative application ways to be exhausted before filing a lawsuit. These provisions, constitute the general rule of administrative applications issued in the Law No. 4734. Further of the given provision states the rules of the form required in the bill of complaints and the decisions that can be taken by the administration and the Public Procurement Authority, as a result of the applications made. In the 55th and 56th articles of the Law No. 4734, rules of complaint application to the administration and the appeal application to the Public Procurement Authority are stated respectively. Administrative applications arranged in Law No. 4734 are the examples of the compulsory administrative objections. Since these applications must be exhausted before the administrative case is filed, the legal rules of these applications are directly related to Constitutional guarantees. In this context, these applications need to be examined on the basis of the principle of the state of law regulated in Article 2, freedom to seek rights regulated in Article 36 and judicial review of acts actions of administration in Article 125 of the Constitution. Detailed explanations are given in our study about legal basis, places to apply, qualities, capacity of application, time rules, form rules and results and decisions to be taken of complaint application to the administration and the appeal application to the Public Procurement Authority, also. As a result of the explanations made given to our reviews and suggestions in matters that constitute a legal problem within the framework of Constitutional provisions.