3.3.5 Public Services
Under the 1982 Constitution (Art. 56), the responsibility for improving the environment, protecting environmental health and preventing environmental pollution is
assigned mainly to the State (and citizens). Indeed, the State (together with all its
public institutions and organizations) is required to provide the appropriate conditions for the protection and development of the environment. The Environment
Act (Art. 3) and also Decree Law No. 644 on the establishment and duties of the
Environment and Urbanization Ministry both acknowledge this situation (Art. 3).
The services provided by the State and its associated bodies to protect the
environment in consequence of public interest are thus defined as a type of public
service under the category of administrative public services.
Under the 1982 Constitution (Art. 128), the fundamental and permanent functions of public services are carried out by public servants and other public
employees. However, through some contractual assignment procedures, private
institutions and individuals can also be assigned to perform public services.
9
3.3.5.1 Environmental Police
Environmental police are entrusted with ensuring and maintaining environmental
public order. They are defined as a type of private administrative police.
In Turkey, at both general and private levels, different institutions have police
powers in the protection of the environment.
At general administrative police level, in the context of central administration,
the Council of Ministers, the Minister of Internal Affairs, the province governors
and district governors all have different rights – recognized by diverse acts and
by-laws – related to the usage of police authority. In the context of local administration, it is again possible to find out similar competences granted to the local
administrations by various acts and by-laws. The decisions taken by the authorities
of the general administrative police are applied in practice by police, gendarmes,
municipal police, village guards, and the relevant staff of the governorship.
At private administrative police level, the Minister of the Environment and
Urbanization performs as the head of the police headquarters, and related activities
are conducted by the staff of the Ministry or the staff of the general administrative
police.
In some circumstances, the Ministry can transfer its powers – e.g. on inspection
or making decisions involving administrative sanctions – to another institution (see
Art. 12, Art. 24, Environment Act). In addition to its own staff, the Ministry can
also benefit from the input of environmental officials or environmental volunteers
(added Article 2 and 3, Environment Act) (Güneş, 2015: 248–249).
9
For details of these procedures see Gözler/Kaplan (2014: 227–243).
3 Drawing a General Framework for Turkish Environmental Law
49
Under the 1982 Constitution (Art. 56), the responsibility for improving the environment, protecting environmental health and preventing environmental pollution is
assigned mainly to the State (and citizens). Indeed, the State (together with all its
public institutions and organizations) is required to provide the appropriate conditions for the protection and development of the environment. The Environment
Act (Art. 3) and also Decree Law No. 644 on the establishment and duties of the
Environment and Urbanization Ministry both acknowledge this situation (Art. 3).
The services provided by the State and its associated bodies to protect the
environment in consequence of public interest are thus defined as a type of public
service under the category of administrative public services.
Under the 1982 Constitution (Art. 128), the fundamental and permanent functions of public services are carried out by public servants and other public
employees. However, through some contractual assignment procedures, private
institutions and individuals can also be assigned to perform public services.
9
3.3.5.1 Environmental Police
Environmental police are entrusted with ensuring and maintaining environmental
public order. They are defined as a type of private administrative police.
In Turkey, at both general and private levels, different institutions have police
powers in the protection of the environment.
At general administrative police level, in the context of central administration,
the Council of Ministers, the Minister of Internal Affairs, the province governors
and district governors all have different rights – recognized by diverse acts and
by-laws – related to the usage of police authority. In the context of local administration, it is again possible to find out similar competences granted to the local
administrations by various acts and by-laws. The decisions taken by the authorities
of the general administrative police are applied in practice by police, gendarmes,
municipal police, village guards, and the relevant staff of the governorship.
At private administrative police level, the Minister of the Environment and
Urbanization performs as the head of the police headquarters, and related activities
are conducted by the staff of the Ministry or the staff of the general administrative
police.
In some circumstances, the Ministry can transfer its powers – e.g. on inspection
or making decisions involving administrative sanctions – to another institution (see
Art. 12, Art. 24, Environment Act). In addition to its own staff, the Ministry can
also benefit from the input of environmental officials or environmental volunteers
(added Article 2 and 3, Environment Act) (Güneş, 2015: 248–249).
9
For details of these procedures see Gözler/Kaplan (2014: 227–243).
3 Drawing a General Framework for Turkish Environmental Law
49