Abstract:

Every Turkish citizen has the right to participate in the public procurement process for the purpose of public service due to the procurement of goods and services and construction works in accordance with; the Article 70 of the 1982 Constitution entitled "Entering into service", Article 12 of the sub-heading "The nature of fundamental rights and freedoms" and 4734 Act "Fundamental Principles" according to the head Article 5. In this context, individual applications can be made due to the loss of rights arising from illegal transactions that may be experienced by the use of public power in the public procurement process. When the applications made up to the present day within the framework of Law No. 4734 are considered; 2 units property right, 2 right of access to court, 1 The principle of legality of crimes and punishments, 1 the right to a fair trial, 1 the right to freedom and security of person, 1 the right to protection of private and family life, 1 a right to reasoned decision was applied. In addition, it is seen that two separate applications have been made due to rights outside the scope. When the applications are examined, it is seen that there is a decision of violation of the right to trial in a reasonable time only and there are 5 clearly deprivation grounds, 3 non-exhaustion of the remedies, 2 inadequacies in terms of two issues and 1 time ineligibility and no infringement. In this context, when the individual application path regarding public procurement is evaluated; it is seen that the process is not sufficiently known, the application conditions are not sufficiently grasped and due to the fact that public procurement is not subject to too many judgments due to its nature, the effective application of individual application is not sufficiently used.

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