3.4 Conclusion
In this chapter, rather than an elaborate legal analysis of all aspects of these
branches of both public and private law, a general assessment with their main
features concerning environmental issues was made.
The main points which can be inferred from this assessment are as follows:
• The first time that the protection of the environment was directly regulated under
the constitution was in the 1982 Constitution.
• The right of environment is indirectly referred to in the 1982 Constitution as a
human right granting people the right to live in a healthy environment; and it is
directly referred to through the right of participation in the 2006 amendment to
the Environmental Act (Art. 3(e)).
• Turkey is actively included in most of the legal frameworks and institutions on
environmental issues, particularly those affiliated to the UN and the EU, provided by international environmental law (IEL).
• Turkey’s decision to accede to an environmental treaty can have a direct impact
on its domestic law if that environmental treaty involves fundamental rights and
freedoms. Even when the right of environment is not directly stated, if the treaty
involves provisions on the protection and development of the environment, it
can be broadly evaluated as indirectly related to the right of environment. In this
case, under Art. 90(5), 1982 Constitution, the treaty’s provisions prevail over
Turkey’s domestic laws if they differ on the same matter.
• With respect to the regulations regarding environmental matters under Turkish
Criminal Law, criminal provisions under the Criminal Code (No. 765) indirectly
assisted in the protection of the environment before 2005. However, by 2005,
environmental protection had advanced through the adoption of specific provisions regarding environmental issues under both the Criminal Code
(No. 5237) and the Misdemeanour Act (No. 5326).
• The State and its affiliated organizations are the key actors in the adoption of the
necessary regulations and institutions for the protection and improvement of the
environment and in their implementation, enforcement, administration and
adjudication. Consequently, environmental law and administrative law interact
in many fields.
• With regard to environmental matters, it is only possible to have recourse to
private law through the provisions on the rights of neighbours and the rules on
legal liability.
In short, protection of the environment under Turkish Environmental Law is
predominantly regulated under public law, significantly by administrative law.
Even though remarkable progress has been made, particularly through the impact of
the EU accession process in recent years, environmental protection still needs to be
further developed not only in terms of legislation but also implementation, compliance and enforcement. More importantly, further academic studies with more
detailed legal analyses are required. These academic works should be made by each
3 Drawing a General Framework for Turkish Environmental Law
51
In this chapter, rather than an elaborate legal analysis of all aspects of these
branches of both public and private law, a general assessment with their main
features concerning environmental issues was made.
The main points which can be inferred from this assessment are as follows:
• The first time that the protection of the environment was directly regulated under
the constitution was in the 1982 Constitution.
• The right of environment is indirectly referred to in the 1982 Constitution as a
human right granting people the right to live in a healthy environment; and it is
directly referred to through the right of participation in the 2006 amendment to
the Environmental Act (Art. 3(e)).
• Turkey is actively included in most of the legal frameworks and institutions on
environmental issues, particularly those affiliated to the UN and the EU, provided by international environmental law (IEL).
• Turkey’s decision to accede to an environmental treaty can have a direct impact
on its domestic law if that environmental treaty involves fundamental rights and
freedoms. Even when the right of environment is not directly stated, if the treaty
involves provisions on the protection and development of the environment, it
can be broadly evaluated as indirectly related to the right of environment. In this
case, under Art. 90(5), 1982 Constitution, the treaty’s provisions prevail over
Turkey’s domestic laws if they differ on the same matter.
• With respect to the regulations regarding environmental matters under Turkish
Criminal Law, criminal provisions under the Criminal Code (No. 765) indirectly
assisted in the protection of the environment before 2005. However, by 2005,
environmental protection had advanced through the adoption of specific provisions regarding environmental issues under both the Criminal Code
(No. 5237) and the Misdemeanour Act (No. 5326).
• The State and its affiliated organizations are the key actors in the adoption of the
necessary regulations and institutions for the protection and improvement of the
environment and in their implementation, enforcement, administration and
adjudication. Consequently, environmental law and administrative law interact
in many fields.
• With regard to environmental matters, it is only possible to have recourse to
private law through the provisions on the rights of neighbours and the rules on
legal liability.
In short, protection of the environment under Turkish Environmental Law is
predominantly regulated under public law, significantly by administrative law.
Even though remarkable progress has been made, particularly through the impact of
the EU accession process in recent years, environmental protection still needs to be
further developed not only in terms of legislation but also implementation, compliance and enforcement. More importantly, further academic studies with more
detailed legal analyses are required. These academic works should be made by each
3 Drawing a General Framework for Turkish Environmental Law
51