2.7 Conclusion
In this chapter, the development process of Turkish environmental law was revealed
in five main phases: (1) Pre-1982 Constitution period, (2) From 1982 Constitution
to the EU candidacy (1999), (3) From the EU candidacy (1999) to the accession
country status (2005), (4) From the accession country status (2005) to the opening
of the chapter on environment (2009), (5) The opening of the chapter on environment (2009) and onwards.
These phases were drawn on the basis of the EU accession process, which has
been a key factor in Turkish environmental law being developed remarkably and
rapidly until the current stagnation period.
In this respect, based on the examination, during the first phase it was found that,
even if there were no direct links to environmental issues under the Constitution and
other legal documents, there was still a tendency (albeit not strong) to ensure,
develop and maintain effective policies on the protection of environment.
During the second period, this tendency started to manifest itself in tangible
outcomes, such as the reference made by the 1982 Constitution to the right of
environment, the entry into force of Environment Act No. 2872 (1983), and the
establishment of the Ministry of Environment in 1991.
After Turkey was declared a candidate country, the impact of the EU accession
process meant the last two decades have witnessed significant amendments to
existing legislation and the creation of new regulations and institutions, although
the signs of a growing crisis in EU-Turkey relations started to appear.
This progress and dynamism continued when accession country status was
gained. However, during this period, due to little progress in EU-Turkey relations,
the overall alignment and adoption of the EU acquis has not been at a prominent
level. Therefore, progress in the fields of implementation, enforcement and compliance is not anticipated. As a consequence of the opening of the Chapter on
Environment (2009), Turkey is now expected to guarantee the implementation and
enforcement of the EU requirements in all sectors – the horizontal sector, air
quality, water, waste management, nature protection, industrial pollution prevention
and risk management, chemicals, noise and climate change – at the date of
accession. So it is essential for Turkey to sustain its efforts to adopt the EU’s
legislation in these sectors undertaken in the framework of the Chapter on
Environment and climate change without dismissing environmental concerns,
demands and movements. However, transposition itself is not adequate to provide
the implementation, enforcement and compliance without sacrificing environment
in favour of development.
While it is already insufficient on its own to deliver concrete protection of the
environment, the retrogressions through exceptions and exemptions wrought by
amendments to the existing legislation make it worse. This situation demonstrates
that the primary challenge is not adoption of the legislation, but internalizing the
necessity for environmental protection and improvement, and thus implementing
that legislation fully and properly in practice. This internalization is required by all
2 The Development Process of Environmental Law in Turkey: …
23
In this chapter, the development process of Turkish environmental law was revealed
in five main phases: (1) Pre-1982 Constitution period, (2) From 1982 Constitution
to the EU candidacy (1999), (3) From the EU candidacy (1999) to the accession
country status (2005), (4) From the accession country status (2005) to the opening
of the chapter on environment (2009), (5) The opening of the chapter on environment (2009) and onwards.
These phases were drawn on the basis of the EU accession process, which has
been a key factor in Turkish environmental law being developed remarkably and
rapidly until the current stagnation period.
In this respect, based on the examination, during the first phase it was found that,
even if there were no direct links to environmental issues under the Constitution and
other legal documents, there was still a tendency (albeit not strong) to ensure,
develop and maintain effective policies on the protection of environment.
During the second period, this tendency started to manifest itself in tangible
outcomes, such as the reference made by the 1982 Constitution to the right of
environment, the entry into force of Environment Act No. 2872 (1983), and the
establishment of the Ministry of Environment in 1991.
After Turkey was declared a candidate country, the impact of the EU accession
process meant the last two decades have witnessed significant amendments to
existing legislation and the creation of new regulations and institutions, although
the signs of a growing crisis in EU-Turkey relations started to appear.
This progress and dynamism continued when accession country status was
gained. However, during this period, due to little progress in EU-Turkey relations,
the overall alignment and adoption of the EU acquis has not been at a prominent
level. Therefore, progress in the fields of implementation, enforcement and compliance is not anticipated. As a consequence of the opening of the Chapter on
Environment (2009), Turkey is now expected to guarantee the implementation and
enforcement of the EU requirements in all sectors – the horizontal sector, air
quality, water, waste management, nature protection, industrial pollution prevention
and risk management, chemicals, noise and climate change – at the date of
accession. So it is essential for Turkey to sustain its efforts to adopt the EU’s
legislation in these sectors undertaken in the framework of the Chapter on
Environment and climate change without dismissing environmental concerns,
demands and movements. However, transposition itself is not adequate to provide
the implementation, enforcement and compliance without sacrificing environment
in favour of development.
While it is already insufficient on its own to deliver concrete protection of the
environment, the retrogressions through exceptions and exemptions wrought by
amendments to the existing legislation make it worse. This situation demonstrates
that the primary challenge is not adoption of the legislation, but internalizing the
necessity for environmental protection and improvement, and thus implementing
that legislation fully and properly in practice. This internalization is required by all
2 The Development Process of Environmental Law in Turkey: …
23