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The regulation that extended the operating period in ports to 49 years was canceled

The Constitutional Court annulled the legal regulation that stipulates the extension of the operating rights of privatized ports to 49 years.

The Constitutional Court (AYM) annulled the legal regulation that stipulates the extension of the contract period of the privatized Denizcilik İşletmeleri A.Ş. (TDI) and the General Directorate of Railways Administration (TCDD) to 49 years without a tender for those with an operating period of less than 49 years.

The reasoned decision of the Constitutional Court, which examined the application made by 133 deputies under the leadership of CHP Engin Altay, Özgür Özel and Engin Özkoç, was published in today’s issue of the Official Gazette.


In the part of the justification for the cancellation request of the decision, it was stated that the legal validity of the contracts, which were canceled by the legal regulation and the final judicial decision, was provided to these contracts, and the extension of the contract periods without making new tenders would harm the state.

It was stated that this situation caused inequality in terms of the exercise of freedom of contract and that non-contractors were deprived of the opportunity to participate in the tender.


The high court, which examined the application, stated that preventing the possibility of other willing parties other than the parties of the current privatization contract to become a party to the additional contract is incompatible with the principles of free competition and equality, and that it may prevent the real privatization values ​​of the ports from being reached.

The Constitutional Court also stated that considering the justification of the said rule for the investments to be made without loss of time and the protection of the competitiveness of the ports, it cannot be said that the differential treatment is based on an objective and reasonable basis.

The Constitutional Court unanimously decided that the 1st, 2nd and 3rd paragraphs of the 30 temporary articles added to the law on privatization practices with the law numbered 7350 and numbered 4046 are unconstitutional and annulled. (REUTERS)

Source From: Sozcu

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