administrative units when making the final decision on the EIA. So the EIA Report
is not an executory administrative transaction independent of the final decision on
EIA but a step behind this. The EIA Report falls short of creating a legal consequence on legal subjects, and does not have an executory legal value on its own
(Saygılı, 2007). For EIA Reports to acquire a legal value, it is necessary for the
MoEU to make a final administrative decision by either approving or rejecting the
project proposal. This explains why the EIA Report cannot be subject to judicial
review separately from the final decision on the EIA (such as “EIA is Positive” or
“EIA is Negative”). Although it cannot be annulled in isolation, if the final decision
on EIA (which is executory in character) is subject to annulment, it is possible to
assert the unlawfulness of the EIA Report before the administrative courts as well.
5.3.4 Examination and Assessment of the EIA Report
When the EIA Report is prepared, it should be submitted to the MoEU for review
and to get the final decision. When the MoEU receives the EIA Report, it informs
the public (2014 EIA By-Law, Article 11/3). The review and assessment of the
report are conducted mainly by the Commission in continuous interaction with the
Qualified EIA Agencies if modifications to the EIA Report are required.
During the examination and assessment meetings, the Commission examines
and assesses whether: the EIA Report and its appendices are sufficient and
appropriate; the likely environmental impacts of the project have been sufficiently
and comprehensively examined; the necessary measures to mitigate likely negative
effects have been included; examinations and assessments need to be made in order
to determine if solutions have been devised to address the comments and suggestions received at the Public Participation Meeting and during the process (2014 EIA
By-Law Article 12/9). One of the major challenges of this stage is lack of sufficient
systematic guidelines to be followed by the Commission.
5.3.5 Final Decision on EIA
Based on the final version of the EIA Report, the MoEU may either give “EIA is
Positive” or “EIA is Negative” decisions. The decisions should be communicated to
the public, the project owner and relevant institutions. “EIA is Positive” and “EIA is
Negative” decisions take into consideration the assessment and evaluation of the
Commission and public comments on the EIA Report. They both constitute administrative law transactions which are subject to administrative and judicial appeal
either by the project owner or interested persons.
The EIA decisions are not just simple procedural decisions; they are legally
binding for other governmental authorities as well. EIA clearance as a prerequisite
for proceeding with a project is considered one of the peculiarities of the
92
Ş. Güneş
is not an executory administrative transaction independent of the final decision on
EIA but a step behind this. The EIA Report falls short of creating a legal consequence on legal subjects, and does not have an executory legal value on its own
(Saygılı, 2007). For EIA Reports to acquire a legal value, it is necessary for the
MoEU to make a final administrative decision by either approving or rejecting the
project proposal. This explains why the EIA Report cannot be subject to judicial
review separately from the final decision on the EIA (such as “EIA is Positive” or
“EIA is Negative”). Although it cannot be annulled in isolation, if the final decision
on EIA (which is executory in character) is subject to annulment, it is possible to
assert the unlawfulness of the EIA Report before the administrative courts as well.
5.3.4 Examination and Assessment of the EIA Report
When the EIA Report is prepared, it should be submitted to the MoEU for review
and to get the final decision. When the MoEU receives the EIA Report, it informs
the public (2014 EIA By-Law, Article 11/3). The review and assessment of the
report are conducted mainly by the Commission in continuous interaction with the
Qualified EIA Agencies if modifications to the EIA Report are required.
During the examination and assessment meetings, the Commission examines
and assesses whether: the EIA Report and its appendices are sufficient and
appropriate; the likely environmental impacts of the project have been sufficiently
and comprehensively examined; the necessary measures to mitigate likely negative
effects have been included; examinations and assessments need to be made in order
to determine if solutions have been devised to address the comments and suggestions received at the Public Participation Meeting and during the process (2014 EIA
By-Law Article 12/9). One of the major challenges of this stage is lack of sufficient
systematic guidelines to be followed by the Commission.
5.3.5 Final Decision on EIA
Based on the final version of the EIA Report, the MoEU may either give “EIA is
Positive” or “EIA is Negative” decisions. The decisions should be communicated to
the public, the project owner and relevant institutions. “EIA is Positive” and “EIA is
Negative” decisions take into consideration the assessment and evaluation of the
Commission and public comments on the EIA Report. They both constitute administrative law transactions which are subject to administrative and judicial appeal
either by the project owner or interested persons.
The EIA decisions are not just simple procedural decisions; they are legally
binding for other governmental authorities as well. EIA clearance as a prerequisite
for proceeding with a project is considered one of the peculiarities of the
92
Ş. Güneş