Turkey : Country Procurement Assessment Report

World Bank

Washington, DC

关键词: ACCOUNTABILITY;    ADMINISTRATIVE LAW;    ADMINISTRATIVE REGULATIONS;    ANTI-CORRUPTION;    ANTI-CORRUPTION STRATEGY;   

RP-ID  :  28845

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

Public procurement legislation in Turkeyhas not kept pace with the sweeping reforms undertaken inthe national procurement systems of many other countriesduring the same period nor with the development ofinternationally recognized bodies of procurementlegislation, such as those of United Nations Commission onInternational Trade Law (UNCITRAL), the European Union (EU)and the World Trade Organization (WTO). FollowingTurkey's acceptance, in December 1999, as a candidatecountry for accession to the EU, the Government hascommitted itself to achieving approximation and, eventually,alignment with EU law in many areas, including publicprocurement. To that end, the MOF and MPWS have alreadybegun the process of drafting a new public procurement law,a draft of which has already been promulgated withinGovernment and on which both the World Bank and the EuropeanCommission have offered their comments. Clearly, it isessential that this new draft law should not only make upthe ground lost in the 17 years since the GPL was lastamended but also bring the Turkish law up to date withrecognized models of best practice and achieve anappropriate degree of approximation with the EU Directives.However, it is unlikely that approximation, let alone fullalignment, can be achieved with a single reform of the law.Rather, it is recommended that the Government should aim todevelop a new public procurement law which meets thestandards of transparency, accountability andcompetitiveness set by the UNCITRAL Model Law but which alsobalances the need to prepare a path towards increasingharmonization with the EU Procurement Directives. Thisreport also recommends that: 1) The Government should makeit a top priority to draft a new national public procurementlaw and submit it to the Turkish Grand National Assembly byOctober 2001. This new law should meet the standards oftransparency, accountability and competitiveness enshrinedin the UNCITRAL Model Law. The new draft law should bedeveloped with appropriate input from Turkey's keydevelopment partners, primarily the World Bank and theEuropean Union, and should be discussed and agreed withthem. The new law should also be underpinned by detailedimplementing regulations, to be developed and issued shortlyafter the enactment of the new law. 2) The scope of the lawshould cover all public procurement for which budgetaryresources (such as the general and annexed budgets) andextra-budgetary resources are used, including thenon-commercialized stat economic enterprises. 3) In draftingand enacting the new public procurement law, the Governmentshould ensure an adequate level of consultation with boththe public and private sectors. To achieve this, aninter-ministerial Drafting Committee should be entrustedwith responsibility for drafting the new public procurementlaw and should be supported by specialist internationalprocurement law experts. 4) To complement these measures,the Government should put in train a planned and progressiveprogram of legislative reform in order to move Turkey'spublic procurement legislation, over the medium term, toalignment with the EU Procurement Directives by the timeTurkey accedes to the European Union.