violations, such violations can be defined as environmental misdemeanours rather
than crimes, in accordance with the definition of ‘misdemeanour’ in Art. 2,
Misdemeanours Act (Güneş, 2015: 299).
3.3.4 Under Administrative Law
Before becoming an independent branch of law, environmental law was regarded as
a sub-branch of administrative law. Even after becoming an independent branch, it
has continued to maintain strong links with administrative law, as the rules and
tools of administrative law still influence the way it operates (Güneş, 2015: 215;
Turgut, 2012: 67). Hence, the functions related to environmental issues, such as
legislation, implementation and enforcement of the legislation, administration and
also adjudication, are carried out by the relevant state institutions and agencies
which are authorized in these fields.
Therefore, under Turkish Environmental Law, the State has been the key actor in
adopting the necessary regulations and institutions for the protection and
improvement of the environment, in line with Article 56(2) of the 1982
Constitution. Indeed, Art. 56 specifically imposes the duty of improving the natural
environment, protecting environmental health and preventing environmental pollution on the State and its citizens.
Because the interaction between environmental law and administrative law is so
wide-ranging and comprehensive, for the sake of clarity the regulation of environmental issues under administrative law will be scrutinized under four
sub-sections: administrative organization, public services, environmental police and
judicial protection.
6
3.3.4.1 Administrative Organization
Under Turkish Administrative Law, the administrative structure is organized in
accordance with the principles of centralized administration and decentralized
administration. In practice, the unity and integrity of the centralized and decentralized administrations and also their operation in cooperation with each other can
only be regulated by law and must conform to the principle of legality, which
requires all law to be clear, ascertainable and non-retrospective (Art. 123, 1982
Constitution).
It is fundamentally composed of central administration and local administration
(Art. 126, Art. 127, 1982 Constitution). On the basis of the principle of integrity,
the administration forms a whole in terms of its organization and functions. Indeed,
to ensure the functioning of local services in conformity with the integrity principle,
6
For further details see also Güneş (2015: 103–138, 215–258).
3 Drawing a General Framework for Turkish Environmental Law
45
than crimes, in accordance with the definition of ‘misdemeanour’ in Art. 2,
Misdemeanours Act (Güneş, 2015: 299).
3.3.4 Under Administrative Law
Before becoming an independent branch of law, environmental law was regarded as
a sub-branch of administrative law. Even after becoming an independent branch, it
has continued to maintain strong links with administrative law, as the rules and
tools of administrative law still influence the way it operates (Güneş, 2015: 215;
Turgut, 2012: 67). Hence, the functions related to environmental issues, such as
legislation, implementation and enforcement of the legislation, administration and
also adjudication, are carried out by the relevant state institutions and agencies
which are authorized in these fields.
Therefore, under Turkish Environmental Law, the State has been the key actor in
adopting the necessary regulations and institutions for the protection and
improvement of the environment, in line with Article 56(2) of the 1982
Constitution. Indeed, Art. 56 specifically imposes the duty of improving the natural
environment, protecting environmental health and preventing environmental pollution on the State and its citizens.
Because the interaction between environmental law and administrative law is so
wide-ranging and comprehensive, for the sake of clarity the regulation of environmental issues under administrative law will be scrutinized under four
sub-sections: administrative organization, public services, environmental police and
judicial protection.
6
3.3.4.1 Administrative Organization
Under Turkish Administrative Law, the administrative structure is organized in
accordance with the principles of centralized administration and decentralized
administration. In practice, the unity and integrity of the centralized and decentralized administrations and also their operation in cooperation with each other can
only be regulated by law and must conform to the principle of legality, which
requires all law to be clear, ascertainable and non-retrospective (Art. 123, 1982
Constitution).
It is fundamentally composed of central administration and local administration
(Art. 126, Art. 127, 1982 Constitution). On the basis of the principle of integrity,
the administration forms a whole in terms of its organization and functions. Indeed,
to ensure the functioning of local services in conformity with the integrity principle,
6
For further details see also Güneş (2015: 103–138, 215–258).
3 Drawing a General Framework for Turkish Environmental Law
45