ADMINISTRATIVE REMEDIES IN THE PUBLIC PROCUREMENT PROCESS IN THE FRAMEWORK OF THE PRINCIPLE OF THE RULE OF LAW AND THE RIGHT TO A FAIR TRIAL

In Turkey the issue of coherence with the principle of the rule of law in different actual practices has always been a matter of debate. The administrative remedies that are subject to disputes in public procurement constitutes a pillar of these discussions. The aim of this study is to scrutinize administrative remedies for disputes envisaged in Turkish public procurement legislation. In this context, initially, the compliant and appealing compliant remedies have been described in the light of the legislation in force. In the sequel, these remedies have been evaluated with a critical perspective throughout the rule of law and specific to the judicial review and the right to a fair trial and suggestions have been made in different perspectives in the context of the rule of law.