Thoughts on the Problematic of Identifying Administration on the Axis of Public Private Partnership Concept

Abstract

Recently, the public-private cooperation model in administrative law doctrine and its implementation has been a very interesting topic. This model, which is presented as a new method for the execution of public services, from a wider perspective, is a concept that has the potential to affect the identity of the administration as an organization and function. Legal entities in the form of joint stock companies, in which private individuals from administrative institutions also have shares, can also be considered as examples of public private partnership practices. The shareholding of private individuals in these legal entities which is in the form of joint stock companies and which are established by law and given public service duties, leads to discussion of their qualifications. In the implementation of the public private partnership model within the framework of the execution of public services, although administration acts for the public interest it acknowledges both the delivery of public services by economic commercial methods and both the pursuit of the their interests of private individuals. In spite of all these atypical facts, it is concluded that the administrative organization is composed of only public legal entities and it is necessary to continue to define their identity based on the provisions of the Constitution. Because the Constitution contains the definition and elements of the administration. The administration consisting of public legal entities which for public interest is established by law or by presidential decree, is a 'whole' with its establishment and duties.