Decision on the prohibition from tender proceedings, rendered in accordance with the laws numbered 4734 and 4735, in the light of the judgements of the Council of State

The Public Procurement Law numbered 4734 and The Public Procurement Contracts Law numbered 4735 has been introduced in the Turkish Law recently. Before the entry into force of these laws towards the establishment of a public procurement system compatible with the directives of the European Union on the public procurements, the implementation area of the State Procurement Law numbered 2886, applied for the majority of the public procurements, became narrow substantially. Main principles were determined in the Public Procurement Law numbered 4734 for the proper functioning of the public procurement system, directly related with the maintenance of economic public order. In order to protect these main principles and to carry out tender proceedings compatible with the provisions prescribed in these laws, the public administrations are entitled to apply certain sanctions. One of these sanctions, the decisions on the prohibition from the participation in tender proceedings given by the public administrations, are the subject matter of our study. The legal nature of the prohibition from the participation in tender proceedings, the principles required to be taken into attention during the implementation of this prohibition, the acts and conducts constituting the reason of the decision on the prohibition from tender proceedings and the administrative and judicial remedies to be applied against this sanction were discussed. While discussing these issues, the approach of the Council of State was also mentioned and the examples from the judicial decisions were given.