KHK610 - CONTRACTS of ADMINISTRATION
| Course Name | Code | Semester | Theory (hours/week) |
Application (hours/week) |
Credit | ECTS |
|---|---|---|---|---|---|---|
| CONTRACTS of ADMINISTRATION | KHK610 | 2nd Semester | 3 | 0 | 3 | 9 |
| Prequisites | None | |||||
| Course language | Turkish | |||||
| Course type | Elective | |||||
| Mode of Delivery | Face-to-Face | |||||
| Learning and teaching strategies | Lecture Discussion Question and Answer Preparing and/or Presenting Reports | |||||
| Instructor (s) | Assoc. Prof. Sedat Çal | |||||
| Course objective | The basic aim of this course is to allow students learn how to analyse contracts of the administration especially from an economics perspective while also questioning the issues from the prism of Constitutional rights and liberties. | |||||
| Learning outcomes |
| |||||
| Course Content | Administration entering into contractual relations, private and public law contracts of administration, methods of selecting the other contracting party and relevant legislation, public procurement law and applications thereunder by Public Procurement Institution. | |||||
| References | Onar, Sıddık Sami (1966) İdare Hukukunun Umumî Esasları, 3. Bası, İsmail Akgün Matbaası, İstanbul. Derbil, Süheyp (1959) İdare Hukuku, Beşinci Bası, AÜHF Yayını, Ankara. Duran, Lûtfi (1982) İdare Hukuku Ders Notları, Fakülteler Matbaası, İstanbul, 1982. Bilgen, Pertev (1970) Uyuşmazlık Mahkemesi ve Danıştay İçtihatlarına Göre İdarî Sözleşmelerin Kriterleri, İÜHF Yayını, İstanbul. Gözler, Kemal (2003) İdare Hukuku, C. II, Ekin Kitaebevi, Bursa. Tiryaki, Refik (2008) Ekonomik Özgürlükler ve Anayasa, Yetkin Yayınları, Ankara. Çal, Sedat (2011) Türk İdare Hukukunda Ruhsat, İkinci Baskı, Seçkin Yayınevi, Ankara. Çal, Sedat (2008) Türkiye?de Kamu Hizmeti ve İmtiyazın Dönüşüm Öyküsü, TOBB Yayını, Ankara. | |||||
Course outline weekly
| Weeks | Topics |
|---|---|
| Week 1 | Introduction, scope and importance of the course, and rules to apply |
| Week 2 | Administration entering into contractual relation, conceptual background and discussions |
| Week 3 | Analysis of division between contracts of administration and the administrative contracts, outcomes of the distinction |
| Week 4 | Cretireia for administrative contracts and the critics |
| Week 5 | Types of administrative contracts, importance of distinction and legal outcomes |
| Week 6 | Internal relations among administrative contracts and the hierarchy ? concession concept |
| Week 7 | Administrative contracts and settlement of disputes ? the issue of arbitration |
| Week 8 | The interlink among administrative contracts-concession-capitulation-privatisation-internation arbitration |
| Week 9 | Midterm exam |
| Week 10 | The issue of internationalising administrative contracts |
| Week 11 | Issue of competition in administrative contracts? analysing relevant legislation and doctrine |
| Week 12 | Legislation on administration?s private law contracts and the issue of competition |
| Week 13 | Public Procurement Institution, its legislation and applications as regards contracts of the administration |
| Week 14 | Judicial awards on public procurement, and evaluating public procurement issues in the light of Constitutional rights and freedoms |
| Week 15 | Final exam |
| Week 16 | Final exam |
Assesment methods
| Course activities | Number | Percentage |
|---|---|---|
| Attendance | 0 | 0 |
| Laboratory | 0 | 0 |
| Application | 0 | 0 |
| Field activities | 0 | 0 |
| Specific practical training | 0 | 0 |
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Project | 0 | 0 |
| Seminar | 0 | 0 |
| Midterms | 1 | 40 |
| Final exam | 1 | 60 |
| Total | 100 | |
| Percentage of semester activities contributing grade succes | 1 | 40 |
| Percentage of final exam contributing grade succes | 1 | 60 |
| Total | 100 | |
WORKLOAD AND ECTS CALCULATION
| Activities | Number | Duration (hour) | Total Work Load |
|---|---|---|---|
| Course Duration (x14) | 14 | 3 | 42 |
| Laboratory | 0 | 0 | 0 |
| Application | 0 | 0 | 0 |
| Specific practical training | 0 | 0 | 0 |
| Field activities | 0 | 0 | 0 |
| Study Hours Out of Class (Preliminary work, reinforcement, ect) | 14 | 3 | 42 |
| Presentation / Seminar Preparation | 1 | 44 | 44 |
| Project | 0 | 0 | 0 |
| Homework assignment | 2 | 30 | 60 |
| Midterms (Study duration) | 1 | 40 | 40 |
| Final Exam (Study duration) | 1 | 40 | 40 |
| Total Workload | 33 | 160 | 268 |
Matrix Of The Course Learning Outcomes Versus Program Outcomes
| D.9. Key Learning Outcomes | Contrubition level* | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1. Has the ability to access to sources of information, use, compare, interpret, infer and apply scientific data. | X | ||||
| 2. Has the knowledge on science of law and legal systems and the historical development of the rights of individuals and societies and the basic texts adopted in that process, and has the historical knowledge to interpret the achievements of modern law. | X | ||||
| 3. Masters the provisions regulating the relationships between persons and the state and has the ability to interpret those provisions. | X | ||||
| 4. Has the ability to use information technologies and course materials in the process of teaching and learning. | X | ||||
| 5. Has the ability to solve current legal problems in the framework of modern legal approaches. | X | ||||
| 6. Has a level of understanding and knowledge of the profession in order to reflect all of the features required by the profession in the best possible way at national and international levels. | X | ||||
| 7. Masters the legal regulations and practices on economic and financial mechanisms. | X | ||||
| 8. Has the ability to be able to express herself/himself as an individual and in front of a community. | X | ||||
| 9. Has the ability to use, compare and apply the knowledge of universal law. | X | ||||
| 10. Has the ability to understand and process national and international dimensions of law by following the case law and legal practices. | X | ||||
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest