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State aid in investments in terms of administrative law

2021
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Advisor: Prof. Dr. Meltem Kutlu Gürsel

Abstract (EN)

State aid measures are among the basic economic policy tools. State aid measures in investments are in the key importance because of the impact they have in achieving the state's economic goals. In this context, granting state aid to investments as an administrative activity is a public service aimed at ensuring economic development. Turkish regulations covering state aid measures in investments are scattered and there is no general law that incorporate all the diverse regulations. This situation makes it difficult to reveal the basic principles and basis of the investment state aid regime. In practice, the public law foundations of the state aid granting activity, which is an administrative activity and carried out mainly through administrative transactions and actions, are ignored. State aid measures are almost entirely regulated within the framework of economic policy theory and practice. Our aim in this study on State Aids in Investments in Terms of Administrative Law is to examine the legal qualifications, legal principle s of the administration's state aid granting activity and administrative transactions carried out within the scope of this activity and the incentive certificate procedure, which is the basic procedure for granting state aid to investments, within the framework of administrative law. Our study consists of three parts. In the first part, the concept of state aid and its constitutional bases are examined. The second section examines the basic principles governing state aid measures in investments. In this context, state aid measures in investments are evaluated primarily in terms of the principles of economic public law. In this chapter our country's obligations on state aid measures stem from Turkey- European Union partnership law and the international law are also investigated. In the last part of our study, the incentive certificate procedure, which is the basic administrative procedure in granting state aid in investments, is examined. Keywords: State Aid, Investment, Incentive, Incentive Certificate, Subvention, State Subsidy, Economic Public Interest, Discretionary Power, Equality Principle

Author

Dr. Ezgi Avcıoğlu Aksoy

How to Cite

Ezgi Avcıoğlu Aksoy (Doctorate thesis). State aid in investments in terms of administrative law, 2021, Dokuz Eylül University.

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