Çevre politikası açısından: Türkiye'nin Avrupa Topluluğu'na hukuksal uyum

Abstract

The Slocklıolm Confercııce lıcld in 1972 concludcd llıal llıe cııviruıııneıılal pullulion is a global issue aııd needs lo have lıHeıııalioııal cooperulion. Followiııg llıe Stockholm Conference, llıe Paris Suınmil had beconıe a lurning poiııl in llıe recognilion of eııvironmenl as a crucial issue for llıe fulure of European Coııımunily. The Single Buropeaıı Act inlroduced some new principals aboul llıe environnıent, soiîie of which were prolecliııg aııd inıproving llıe tjualily of eııvironmenl. The llıird part of llıe Acl comprises llıe urlicle of 13U/R,S,T, aııd brouglıl a new priııciple of "subsidiarily." Tlıis becanıe, more ör less, llıe official aııd legal franıevvork lor llıe eııvironmenl. The Maaslrichl Trealy, also, sel up some priııciples, such as "ıındoing daınages to llıe enviroıımenl wheıever lakps placc" aııd "polluler pays." The Fiflh Environment Activily Plan became very importaııl in the development of environmenlal policies. Tlıis Fi fili Plan ııol only eslablislıed llıe majör principals, such as "suslainable developnıenl," "pıevcnlivc cnvironmcıılal policies" andı "slıarcd rcspoıısibilily" but also some new objeclives for llıe yeaıs of llıe 2000s. For dispules över environmenlal issues, llıe Courl of Juslice of European Uııioıı (CJEU) was eıılilled. The enviroıımenl aııd environmenlal issues have ııol had aııy sigııificaııt place in Ihe jurisdiclioıı al any level uıılil llıe 1980s in Turkey. However, il does ııol meaıı Ihal Ihere was nollıing issued for llıe eııvironmenl. Yel, llıese are nıoslly indirecl laws aııd direclives, even if nol parlicularly for Ihe environmenlal issues. The Conslilulioıı of 1982 first consliluled legal base for llıe environmenlal issues in llıe amendmenl of 56. in 1983, llıe Environmenlal Law was passed aloııg wilh its conıplenıenlary legal directives as llıe primary sources of llıe enviroıınıeııl. Turkey is also a co-signer of nıaııy inlernalional Irealies for llıe enviroıınıeııl and environmenlal issues. The Miııislry of Eııvironmenl was eslablislıed in 1991, bul some olher depaıimenls of llıe slale have beeıı/are slill accepled aulhorilies över llıe environmenlal dispules. Such dispules are subjecl lo ali civil courls as well as llıe çenlral and local adminislration. Legal arrangemenls aboul eııvironmenl and relaled issues in Turkey are nol as large as Ihey are in llıe European Coııımunily. Hovvcver, Turkey has a ıclalive success since Ihe environmenlal issues generally rely upoıı scİeıılific fiııdiııgs rallıer Ihan social and polilical debales. Moreover, Turkey has closely followed Ihe de vel öp men Is of ali fields in Europe, and has Iried lo adopl new policies llıal have beeıı legislaled and impiemenled in different European counlries as well as llıe jturopean Communily. Hence, Ihe Turkish legal arrangemenls on llıe eııvironmenl are nol so belıind whal Ihey are in Europe. Eslablislıing llıe Ministry of Eııvironmenl has not solved al! problems in llıis area. The Ministry neilher has been able lo codify ali lıilherlo legislation on the environment under her mandale. Nor has it eslablislıed aııy absolule official autlıorily for undertaking vvhole responsibility in the environmental issues. Besides, because of the slıallered aulhorily amoııg scvcral slale deparlmenls, il has beconıe very dilficuli lo reaclı llıe slandards of llıe European Communily.