Settlement of public service concession agreements and settlement of disputes

In our study, the legal nature of the concession contracts, which are accepted as the most typical and perfect example of the administrative contracts that are kept apart from the unilateral transactions used by the administration in making their savings due to being the sovereign power of the administration, have changed from the Imperial period to the Republican period and the procedure of settlement of the disputes. It is discussed. The definition and types of administrative contracts made by the administration are mentioned. The distinction of concession agreement between the types of administrative contract has been put forward and the distinction between public law and private law has been mentioned. The provisions of the Constitution were amended by Law No. 4446 and as a result of this, new legal situations brought under the concession agreements were examined within the framework of the decisions of the Council of State. In the light of this information, in the context of the broad definition of the concession agreement and the globalization of the world conjuncture, the present procedure of concession agreements and the settlement of disputes are examined from the perspective of judicial decisions, doctrine and practice. In the procedures for the conclusion of concession agreements, the practices that are accepted in the triangle of doctrine, law and practice are mentioned by mentioning the particularities. It was necessary to acknowledge that the concession agreements were limited by certain principles, in addition to the doctrinal expression of the concession agreements, which provided the contracting authority with the right to freely choose the concessionaire without the tender. In practice, in accordance with this acceptance, the Contracting Authority regulates the tender procedure to be followed in the concession contracts within the specifications and decides which tender procedure to apply. With the Law on Concession to the General Public Service in force, no regulation has been taken except for a few basic issues regarding the tender procedures. In addition, both the procurement law regulating the revenue generation and consumption of the Administration; The absence of the concession agreement within the scope of the State Procurement Law No. 2886 and the Public Procurement Law No. 4734; supports the view that the franchiser is free to choose. Nevertheless, we observe that the Contracting Entity has chosen to choose its concessionaire by considering the principles and principles in the tender legislation. We see that the administration ensures that the tender stages can be controlled by this procedure. In the scope of the thesis, the constitutional provisions of the concession agreements, which are the source of the debates, are changed in terms of the constitutional provisions in practice and the disputes created by these amendments in the light of the principle of public interest in terms of settlement and view of disputes are mentioned.