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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Privatization
Indicators		Score
53	Is the privatization process effective?	83
54	Can citizens access the terms and conditions of privatization bids?	85

Indicator and sub-Indicator Details

Is the privatization process effective?

53a: In law, all businesses are eligible to compete for privatized state assets.

Score:

YES

Comments:

References: Law No. 4046 on Concerning Arrangements for The Implementation of Privatization and Amending Certain Laws and Decrees With The Force of Law, Articles 16 and 18: [ LINK ]

53b: In law, there are regulations addressing conflicts of interest for government officials involved in privatization.

Score:

YES

Comments:

References: Law No. 4046 on Concerning Arrangements for The Implementation of Privatization and Amending Certain Laws and Decrees With The Force of Law, Articles 16 and 18: [ LINK ]

53c: In practice, conflicts of interest regulations for government officials involved in privatization are enforced.

Score:

100

Comments: The binding provisions of the relevant laws are enforced seriously. However, fraud is always possible in this process. It is argued that Erdemir (Iron and Steel) and the ports were privatized properly. The privatization of airports was indirectly subject to fraud. The Council of State did not prove the Petkim (oil refinery) privatization due to a conflict of interest.

References: Adnan Zengin, former Deputy Head of Public Procurement Institution, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Ergüven, Chairman, Association for the State Supervision Personnel (DENETDE), Ankara, September 2008.

Can citizens access the terms and conditions of privatization bids?

54a: In law, citizens can access privatization regulations.

Score:

YES

Comments:

References: 1982 Constitution, Article 89: [ LINK ]

Law No. 4046 Concerning Arrangements for The Implementation of Privatization and Amending Certain Laws and Decrees With The Force of Law, Article 37/b: [ LINK ].

54b: In practice, privatizations are effectively advertised.

Score:

100

Comments: All regulations are available on the Public Procurement Institution's website and other government legal portals. Purchasing the Terms and Conditions is expensive.

References: Adnan Zengin, former Deputy Head of Public Procurement Institution, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Ergüven, Chairman, Association for the State Supervision Personnel (DENETDE), Ankara, September 2008.

54c: In law, the government is required to publicly announce the results of privatization decisions.

Score:

YES

Comments:

References: Law No. 4046 Concerning Arrangements for The Implementation of Privatization and Amending Certain Laws and Decrees With The Force of Law, Article 17/F: [ LINK ]

54d: In practice, citizens can access privatization regulations within a reasonable time period.

Score:

100

Comments: All regulations are available online at the institution's website and other governmental legal portals. Purchasing the Terms and Conditions is expensive.

References: Adnan Zengin, former deputy Head of Public Procurement Institution, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Ergüven, Chairman, Association for the State Supervision Personnel (DENETDE), Ankara, September 2008.

54e: In practice, citizens can access privatization regulations at a reasonable cost.

Score:

100

Comments: All regulations are available on the institution's website and other government legal portals. Purchasing the Terms and Conditions is expensive.

References: Adnan Zengin, former deputy Head of Public Procurement Institution, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Ergüven, Chairman, Association for the State Supervision Personnel (DENETDE), Ankara, September 2008.