Özet:

In the extraordinary conditions caused by the coronavirus epidemic, it is essential to supply the materials needed by the administration in the fight against the epidemic. In the ordinary period, the Administration meets the movables it needs through contracts concluded by procurement procedure. However, in extraordinary situations, due to the importance and urgency of the situation, the administration may have to procure movables without the consent of private law persons. This authority, called requisition, limits people's fundamental rights and freedoms, which are guaranteed by the constitution, including the right to property and the right not to be forced to work. In this respect, it is important to set forth the legal regime of this procedure and the conditions for its implementation. Although a state of emergency has not been declared, it should be accepted that in case of extraordinary conditions, requisition can be applied. As a matter of fact, in Turkish Law, there are laws that authorize the administration to take action in cases where urgent intervention is required, without the need for declaration of state of emergency. In this respect, considering the relevant laws in other countries, it is necessary to make a new public health law that regulates the obligations that can be imposed for movables in case of extraordinary conditions regarding public health.

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