Tender transactions subject to summary proceedings and resolving disputes related to these transactions

Administrations make contracts with private law persons within the scope of their activities. At the stage of making these contracts, the tender process in which administrative law rules are applied is operated. In the State Procurement Law and the Public Procurement Law, which are the basic procurement laws, the tender is defined as the transactions that show that the work is left to someone to be selected from among the bidders and that is completed with the signing of the contract. Therefore, tender refers to a process in which more than one administrative process is established. In the settlement of disputes arising from the transactions established in this process, summary proceedings is applied. Summary proceedings is a special trial procedure in which the duration of the proceedings is shortened and certain procedures are neglected, according to the general trial procedure. In the justification of the article regarding the regulation of summary proceedings, the legislator stated that some disputes differ from others in terms of their characteristics, and that if these disputes are not resolved quickly, there will be important consequences for both the administrations and the plaintiffs. For this reason, a certain number of disputes, including tender procedures, have been regulated within the scope of summary proceedings. The regulation, as it stands, does not have the certainty that should be in a law article. Because it has been stated that the tender procedures, except for the banning decisions from the tender, will be subject to summary proceedings, but no explanation has been given as to which transactions are tenders or why the prohibition decisions from the tender are excluded. In this respect, it is necessary to make use of the tender legislation and judicial decisions in determining which tender procedures are within the scope of summary proceedings. The aim of the study is to identify the tender transactions subject to summary proceedings and to explain the procedure applied in the settlement of disputes regarding these transactions.