Therefore, together with establishing its legal and institutional basis, the implementation, compliance and enforcement of environmental legislation should be
one of the fundamental objectives of environmental protection. On the other hand,
managing an effective system which ensures successful implementation, compliance and enforcement in the environmental field, as in many other fields, is one of
the hardest challenges and has still not been achieved fully in many other countries,
not just Turkey.
In relation to this, this chapter attempted to devote attention to Turkish environmental law in practice by focusing on the issues of implementation, compliance
and enforcement, utilizing a comprehensive literature review and data collected as a
result of a detailed search of the related official documents on IEL, the EU accession
process and Turkish environmental law and policies. The study analysed ways to
ensure environmental implementation, compliance and enforcement on the basis of
the current system. Therefore, it evaluated environmental permits and licences,
environmental impact assessment (EIA) applications and decisions, reporting,
monitoring and inspecting systems, and administrative fines and suspension as tools
of environmental enforcement.
Nevertheless, to conduct detailed research on the practical side of law, it is
necessary to focus on two different fields: the issues of implementation, compliance
and enforcement; and the judicial cases regarding environmental issues. In addition,
after explaining and assessing the current situation, it is also necessary to concentrate on the lessons learned, challenges faced and priority areas for coping with
the challenges and recommendations in these fields.
This study forms just one part of the necessary research into the practical side of
Turkish environmental law. In fact, it merely evaluates the current situation.
Although it is promising for future academic studies, as its findings open the way
for new academic studies on the lessons learned, challenges faced, and priority
areas for coping with these challenges and recommendations that can contribute to
strengthening Turkey’s environmental progress in the fields of implementation,
compliance and enforcement, it is still necessary to focus not just on those challenges of implementation, compliance and enforcement and recommendations to
resolve them, but also on the case law and challenges and recommendations in this
field to address the overall functioning of Turkey’s environmental legislation in
practice.
References
Act on Principles of Emergency Response and Compensation for Damages in Pollution of Marine
Environment by Oil and Other Harmful Substances No. 5312, in: Official Journal (OJ) (11
March 2005), No. 25752, at: http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5312.pdf (retrieved
8 June 2016).
Act on the Right of Access to Information No. 4982, in: OJ (24 October 2003), No. 25269. at:
http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=1.5.4982&MevzuatIliski=0 (retrieved 8
June 2016).
6 Instruments of Environmental Compliance
109
one of the fundamental objectives of environmental protection. On the other hand,
managing an effective system which ensures successful implementation, compliance and enforcement in the environmental field, as in many other fields, is one of
the hardest challenges and has still not been achieved fully in many other countries,
not just Turkey.
In relation to this, this chapter attempted to devote attention to Turkish environmental law in practice by focusing on the issues of implementation, compliance
and enforcement, utilizing a comprehensive literature review and data collected as a
result of a detailed search of the related official documents on IEL, the EU accession
process and Turkish environmental law and policies. The study analysed ways to
ensure environmental implementation, compliance and enforcement on the basis of
the current system. Therefore, it evaluated environmental permits and licences,
environmental impact assessment (EIA) applications and decisions, reporting,
monitoring and inspecting systems, and administrative fines and suspension as tools
of environmental enforcement.
Nevertheless, to conduct detailed research on the practical side of law, it is
necessary to focus on two different fields: the issues of implementation, compliance
and enforcement; and the judicial cases regarding environmental issues. In addition,
after explaining and assessing the current situation, it is also necessary to concentrate on the lessons learned, challenges faced and priority areas for coping with
the challenges and recommendations in these fields.
This study forms just one part of the necessary research into the practical side of
Turkish environmental law. In fact, it merely evaluates the current situation.
Although it is promising for future academic studies, as its findings open the way
for new academic studies on the lessons learned, challenges faced, and priority
areas for coping with these challenges and recommendations that can contribute to
strengthening Turkey’s environmental progress in the fields of implementation,
compliance and enforcement, it is still necessary to focus not just on those challenges of implementation, compliance and enforcement and recommendations to
resolve them, but also on the case law and challenges and recommendations in this
field to address the overall functioning of Turkey’s environmental legislation in
practice.
References
Act on Principles of Emergency Response and Compensation for Damages in Pollution of Marine
Environment by Oil and Other Harmful Substances No. 5312, in: Official Journal (OJ) (11
March 2005), No. 25752, at: http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5312.pdf (retrieved
8 June 2016).
Act on the Right of Access to Information No. 4982, in: OJ (24 October 2003), No. 25269. at:
http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=1.5.4982&MevzuatIliski=0 (retrieved 8
June 2016).
6 Instruments of Environmental Compliance
109