provided by international environmental law (IEL). To date, it has become party to
a range of environmental agreements at both global and regional level. Turkey’s
decision to accede to an environmental agreement can have a direct effect on its
domestic law if that environmental treaty involves fundamental rights and freedoms. Even though the right of environment is not directly incorporated, as it
involves provisions on the protection and development of the environment, it can be
broadly evaluated as indirectly related to the right of environment. Under Art. 90
(5), 1982 Constitution, its provisions prevail over laws with different provisions on
the same matter. Additionally, the right of environment is indirectly referred to as a
human right granting the right to live in a healthy environment under the 1982
Constitution; and directly referred to through the right of participation under the
Environment Act (Art. 3(e), 2006 amendment). Therefore, the right of participation
should be considered a key element in the formation of environmental politics.
Consequently, even if the State and its affiliated organizations arise as the key actors
in the adoption of the necessary regulations and institutions and their implementation, enforcement, administration and also adjudication for the protection and
improvement of environment, the Ministries and the local administrations should
provide opportunities for citizens and professional organizations etc. to use their
rights of environment, and environmental policies should be strengthened by the
efforts and participation of all stakeholders in the decision- and policy-making
processes.
The EU accession process plays an important role in Turkey’s development on
environmental issues. Indeed, in recent decades Turkey’s environmental legal and
political development has chiefly been precipitated by the impact of the EU
accession process. As a candidate country for EU membership, its environmental
record is under scrutiny, and this scrutiny process has arisen as the main driving
force for its environmental reforms. In fact, as a candidate country, Turkey must
adopt the EU acquis. So, through the legal and institutional reforms which have
been put in place to take Turkey to a level closer to that prevailing in the EU, the
scope of Turkish environmental law and politics has steadily and widely advanced
and changed, particularly before the current stagnation period, signs of which have
been seen since 2005.
It recognizes the ‘protection of environment’ as a long-term policy with its Third
Five-Year Development Plan (1973–1977). The progress on environmental matters
continued with the establishment of the Ministry of Environment in 1991. The
structure of the Ministry was amended in 2003 and 2011, resulting in two ministries: The Ministry of Environment and City Planning (Decree No. 644) and the
Ministry of Forestry and Water Affairs (Decree No. 645). Recently, the regulations
of the Ministry of Food, Agriculture and Livestock and the Ministry of Forestry and
Water Affairs were abolished; and the Ministry of Agriculture and Forestry, covering the tasks and competences of both, was established instead (Decree Law
No. 703, Articles 27–28; Presidential Decree No. 1, Articles 410–440). In 1995, the
process of preparing the National Environmental Action Plan (NEAP) began under
the coordination of the State Planning Organization, the Ministry of Environment
and the World Bank. This process has involved different study groups on different
160
Z. Savaşan
a range of environmental agreements at both global and regional level. Turkey’s
decision to accede to an environmental agreement can have a direct effect on its
domestic law if that environmental treaty involves fundamental rights and freedoms. Even though the right of environment is not directly incorporated, as it
involves provisions on the protection and development of the environment, it can be
broadly evaluated as indirectly related to the right of environment. Under Art. 90
(5), 1982 Constitution, its provisions prevail over laws with different provisions on
the same matter. Additionally, the right of environment is indirectly referred to as a
human right granting the right to live in a healthy environment under the 1982
Constitution; and directly referred to through the right of participation under the
Environment Act (Art. 3(e), 2006 amendment). Therefore, the right of participation
should be considered a key element in the formation of environmental politics.
Consequently, even if the State and its affiliated organizations arise as the key actors
in the adoption of the necessary regulations and institutions and their implementation, enforcement, administration and also adjudication for the protection and
improvement of environment, the Ministries and the local administrations should
provide opportunities for citizens and professional organizations etc. to use their
rights of environment, and environmental policies should be strengthened by the
efforts and participation of all stakeholders in the decision- and policy-making
processes.
The EU accession process plays an important role in Turkey’s development on
environmental issues. Indeed, in recent decades Turkey’s environmental legal and
political development has chiefly been precipitated by the impact of the EU
accession process. As a candidate country for EU membership, its environmental
record is under scrutiny, and this scrutiny process has arisen as the main driving
force for its environmental reforms. In fact, as a candidate country, Turkey must
adopt the EU acquis. So, through the legal and institutional reforms which have
been put in place to take Turkey to a level closer to that prevailing in the EU, the
scope of Turkish environmental law and politics has steadily and widely advanced
and changed, particularly before the current stagnation period, signs of which have
been seen since 2005.
It recognizes the ‘protection of environment’ as a long-term policy with its Third
Five-Year Development Plan (1973–1977). The progress on environmental matters
continued with the establishment of the Ministry of Environment in 1991. The
structure of the Ministry was amended in 2003 and 2011, resulting in two ministries: The Ministry of Environment and City Planning (Decree No. 644) and the
Ministry of Forestry and Water Affairs (Decree No. 645). Recently, the regulations
of the Ministry of Food, Agriculture and Livestock and the Ministry of Forestry and
Water Affairs were abolished; and the Ministry of Agriculture and Forestry, covering the tasks and competences of both, was established instead (Decree Law
No. 703, Articles 27–28; Presidential Decree No. 1, Articles 410–440). In 1995, the
process of preparing the National Environmental Action Plan (NEAP) began under
the coordination of the State Planning Organization, the Ministry of Environment
and the World Bank. This process has involved different study groups on different
160
Z. Savaşan