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Administrative Law is a branch of law constituting the integrity of the public law rules applied to the establishment and functioning of the administration. Since it is a sub-branch of public law, it consists of a number of rules differing from the rules of private law. For this reason, administrative justice is a special judicial order, different from the judicial justice.
Administrative law is mainly applied to disputes arising from the activities conducted by the administration in the fields of finance, economy, transportation, health, zoning, forest, public works, environmental traffic, security, customs, public tenders, etc. As a requirement of the rule of law principle, the administration is obliged to abide by the law and the relevant legislation and to act in accordance with the general principles of law in all its actions and administrative proceedings established by it. However, despite the presence of this principle and obligation, unlawful administrative actions and procedures causing the victimization of citizens in practice may frequently occur. Taking into account the power of the administration and its actions which may cause irreparable damages, it is of great importance to protect the citizens against the administration. This protection is sometimes ensured the purpose of prevention before administrative acts and actions occur and at times it is aimed at resolving the disputes and aggrievement that have occurred and providing the compensation of the client.
Yet, another branch of law closely related to administrative law is the public procurement law. Public procurement law is the branch of public law regulating the procedures and principles to be applied in the tenders to be announced by public institutions and organizations that are subject to public law, are under public control, and utilize public resources. Within this legal branch, strict rules have been established in order not to lead to arbitrary practices in such tenders with existing laws.
Issues related to the procurement of goods, service procurements and construction works of all public institutions and organizations accepted in accordance with public procurement legislation constitute the scope of public procurement law. The contractual process begins with the mutual will of the parties within the scope of these relations and this process is scrutinized under the separate heading of public procurement contracts. Even though one of the parties to these contracts is the public, these contracts sometimes remain within the scope of private law and will be subject to rules of private law. However, if the state becomes a party to this relationship by means of using public power, a situation concerning public law arises.
As can be observed even with its shortest definition, public procurement law is a field requiring a lot of expertise. The announcement of the tender, preparation of the tender dossier, control of the documents and preparations for the filing of applications due to the conflicts to be experienced in these processes and filing of lawsuits in this respect are technical issues requiring professional consultancy.
Public procurement law also changes continuously within the framework of the developing technologies and needs and the relevant legislation evolves in this direction. Therefore, it is of great importance that both the legislation and the jurisprudence are constantly followed and abided by.
We, as Miran Legal, offer the following services to our clients in the fields of administrative law and public procurement law:
- Representation of clients before administrative and tax courts against the sanction decisions resolved by administrative authorities,
- Conducting the lawsuits for the annulment of the full judicial and administrative action to be brought before the Council of State,
- Raising objections to the decisions resolved by local administrations regarding the zoning and settlement procedures and executing the lawsuits arising from these disputes,
- Preparation for public tenders in terms of legal issues,
- Resolution of disputes arising during tender processes,
- Resolution of disputes experienced with the administration during the construction of the undertaken work,
- Drawing up public procurement contracts.