EC Law and Regulation Practices at ELIG Gürkaynak

Turkish Law is quickly and consistently being harmonized with the EC 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.

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 being 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 enterprises dealing with issues concerning these fields of law:

  • Following up on legislative efforts and reporting the changes in the legal landscape,
  • Determination of the enterprises' status under EC and Turkish Law, together with a compliance analysis, if necessary,
  • Compliance analysis of the agreements and arrangements of the enterprises under 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 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 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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