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 Within the context of Turkey's
full membership to the European Union, Turkish Law is quickly and
consistently being harmonized with the EC Law. In this process,
it is not enough that the activities of any given enterprise are
in compliance merely with the Turkish Law. In so far as long term
business planning and strategic decisions are concerned, enterprises
will need to undergo a serious preparation in order to bring their
operations in line with the EC Law. In addition to providing general
EC law compliance assistance to the enterprises, providing a healthy
combination of EC Law and Turkish Law guidance is especially important
in the following fields:
State Aid Law
State aids in Turkey are not yet subject to the EC Commission's
permission. However, the harmonization efforts continue in this
area. A comprehensive Incentive Law is prepared. Existing legislation
comprises of regulations in various areas and these areas collide
with each other. Consequently, legislation on incentives creates
a complex structure that covers the area from industrial and commercial
incentives to the construction of collective housing. State Aid
Law is also intertwined with the competition law and anti-dumping
law fields.
Energy Law
Turkish Energy Law consistently evolves around the idea of harmonization
with the EC Law, especially after the promulgation of the Electricity
Market Legislation and the Natural Gas Market Legislation in 2001.
The adaptation process is mainly facilitated by the Electricity
Market Regulatory Authority's secondary regulations.
Telecommunication Law
Turkish Telecommunication Law is being restructured in order to
facilitate the efficient liberalization of this market.
The following services are increasingly important for the enterprises
dealing with issues of these fields of law:
- Following up on legislative efforts and reporting the changes
in the legal landscape,
- Determination of the enterprises' status under the EC and Turkish
Law, together with a compliance analysis, if necessary,
- Compliance analysis of the agreements and arrangements of the
enterprises under the EC and Turkish Law,
- Preparation and filing of applications before the relevant governmental
authority, and the necessary follow-up,
- Legal counseling concerning the administrative and technical
aspects of disputes regarding the market.
Public Procurement Law
The harmonization process of Turkish Public Procurement Law with
the EC Law has been initiated with the Public Procurement Law and
Public Procurement Contracts Law, both enacted in 2002. Three different
branches of procurement law became relevant after the promulgation
of these laws:
- Public Procurement Legislation: The main regulations of this
branch, which includes the purchase of goods and services, and
the construction works of the administration, are Public Procurement
Law and Public Procurement Contracts Law. The secondary regulations
are enacted by the Public Procurement Authority.
- State Procurement Legislation: State Procurement Law is not
repealed by Public Procurement Law. Consequently, purchase of
goods, services and construction works and the sale and lease
issues regarding the moveable and immoveable goods of the administration
that fall within the scope of State Procurement Law, but not in
scope of the Public Procurement Law, shall be carried out within
the framework of the State Procurement Law.
- Specific Procurement Legislation: There are many exceptions
of Public Procurement Law and State Procurement Law. The administrations
that fall within the scope of the exceptions carry out their tenders
within the framework of the various secondary regulations.
As far as Public Procurement Law is concerned, the following issues
are important for the enterprises:
- Following up on legislative efforts and reporting the changes
in the legal landscape,
- Determination of the legal regime applicable to the relevant
administration or tender,
- Examination of the tender documents' compliance to the applicable
law,
- Submission of applications to the Procurement Authority,
- Administrative and technical counseling regarding disputes concerning
Public Procurement Law,
- Education of the personnel of the enterprises regarding the
procedure and the principles of the tender.
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