The Scope of the Administrative Justice Court’s Competence on Cases for Privatization of Public Goods and Services

Today, more than ever, the theory of public services and the necessity to procure public goods and services are important and are considered with due attention in the Constitutional Law and other legislations .Announcement of General Policies of Principle 44 of the Constitutional Law has been the starting point for some challenges to be occurred in the course of privatizing the procurement of public services and goods. According to the theory of public services, procurement of public goods and services is undertaken by public bodies or through private organizations which are operating under the supervision of public bodies. Therefore, the essence of public goods and services does not alter when the procurement of such goods and services is assigned to private sector. The purpose of this research is to determine and analyze the reasons for expanding the authority of the Administrative Justice Court in dealing with disputes which arise from the acts of those assigned public social-welfare bodies. Whereas the expansion of authority of Administrative Justice Court does not necessarily result in the direct referral of claims and increase in the disputes which are raised in the Administrative Justice Court, such expansion of authority gives rise to the establishment of quasi-judicial bodies relevant to each category of public services under the superior surveillance of the Administrative Justice Court. For this purpose, it is necessary to identify the existing legal contexts and amend the regulations accordingly.