6.5.2 Suspension of the Activity
The competent authorities (Directorate General of EIA or Provincial Directors) can
also decide to suspend the activities partially or completely for a definite or
indefinite period based on the nature of the violation and type of the activity (Art.
15, Environment Act). It may be decided to grant facilities which are in
non-compliance with the related legislationa period – no longer than one year and
just once – for remediation in accordance with that legislation (Art. 15(1)). If the
violations are not resolved within the specified period, the activity is suspended by
the competent authorities when the given period comes to an end. If no time is
granted, the authorities suspend the activity immediately. Activities detrimental to
the environment and human health are suspended without granting any additional
time for correction (Art. 15(2)). Activities begun without first conducting EIA are
suspended by the Ministry, the activities begun without preparing a project introduction file are immediately suspended by the highest local authority (Art. 15(3)).
6.6 Conclusion
As already examined in detail in Chap. 2 on “The Development Process of
Environmental Law in Turkey: The EU Impact”, Turkey’s environmental legal
development has particularly taken place over the recent decades. As a candidate
country for membership of the European Union, its environmental record is under
scrutiny and this scrutiny process has arisen as the main driving force behind its
environmental reforms.
In fact, as a candidate country, Turkey should adopt the EU acquis as a whole.
So, through the legal and institutional reforms which have been put in place to take
Turkey closer to the level prevailing in the EU, its environmental law and institutional structure have steadily expanded and grown. Today most of the necessary
legislative and institutional requirements are already in effect in Turkey.
Nevertheless, for full implementation of the acquis and compliance with it, it is
not sufficient simply to transpose the legislation. The candidate country also needs
to establish a well-structured and well-functioning environmental management
system with the legal, administrative and judicial capacity to ensure its implementation, compliance and enforcement. So, implementation, compliance and also
enforcement (which can be used as a tool for providing both) are all the most
significant challenges for candidate countries.
Despite its legal and institutional progress, Turkey is still experiencing difficulties in putting its promises and commitments into practice – in other words,
challenges in their implementation, compliance and enforcement. Therefore, the
standard of environmental protection is far below the desired level. If environmental legislation is not reasonably and correctly implemented in a timely manner
and/or complied with and/or enforced, it just remains in a theoretical form, and is
not reflected in practice, so its impact remains low, or even non-existent.
108
Z. Savaşan
The competent authorities (Directorate General of EIA or Provincial Directors) can
also decide to suspend the activities partially or completely for a definite or
indefinite period based on the nature of the violation and type of the activity (Art.
15, Environment Act). It may be decided to grant facilities which are in
non-compliance with the related legislationa period – no longer than one year and
just once – for remediation in accordance with that legislation (Art. 15(1)). If the
violations are not resolved within the specified period, the activity is suspended by
the competent authorities when the given period comes to an end. If no time is
granted, the authorities suspend the activity immediately. Activities detrimental to
the environment and human health are suspended without granting any additional
time for correction (Art. 15(2)). Activities begun without first conducting EIA are
suspended by the Ministry, the activities begun without preparing a project introduction file are immediately suspended by the highest local authority (Art. 15(3)).
6.6 Conclusion
As already examined in detail in Chap. 2 on “The Development Process of
Environmental Law in Turkey: The EU Impact”, Turkey’s environmental legal
development has particularly taken place over the recent decades. As a candidate
country for membership of the European Union, its environmental record is under
scrutiny and this scrutiny process has arisen as the main driving force behind its
environmental reforms.
In fact, as a candidate country, Turkey should adopt the EU acquis as a whole.
So, through the legal and institutional reforms which have been put in place to take
Turkey closer to the level prevailing in the EU, its environmental law and institutional structure have steadily expanded and grown. Today most of the necessary
legislative and institutional requirements are already in effect in Turkey.
Nevertheless, for full implementation of the acquis and compliance with it, it is
not sufficient simply to transpose the legislation. The candidate country also needs
to establish a well-structured and well-functioning environmental management
system with the legal, administrative and judicial capacity to ensure its implementation, compliance and enforcement. So, implementation, compliance and also
enforcement (which can be used as a tool for providing both) are all the most
significant challenges for candidate countries.
Despite its legal and institutional progress, Turkey is still experiencing difficulties in putting its promises and commitments into practice – in other words,
challenges in their implementation, compliance and enforcement. Therefore, the
standard of environmental protection is far below the desired level. If environmental legislation is not reasonably and correctly implemented in a timely manner
and/or complied with and/or enforced, it just remains in a theoretical form, and is
not reflected in practice, so its impact remains low, or even non-existent.
108
Z. Savaşan