Environmental associations and ecology NGOs have the lawsuit capacity to file environmental protection cases.
Suit Capacity
- Environmental protection clause in the statute
- Cases related to the field of activity
- Relevant administrative court
- Interest within the scope of İYUK art.2
Typical Cases
- Cancellation of EIA Positive decision
- Cancellation of zoning plan changes
- Cancellation of license
- Closure request
- Reinstatement
Authorized Court
- Administrative court
- Generally the province where the project is located
- Appeal: BAM
- Appeal: Council of State
Important Cases
- Cerattepe/Artvin mining case
- Tarsus/Adana protected area cases
- Salda Lake case
- Akkuyu Nuclear Power Plant
Public Participation
- EIA process public meeting
- Right to receive information
- Opinion notification
- Right to file a lawsuit (individual and association)
Stay of Execution
- Critical in projects that may cause irreversible damage
- The court examines the file
- Makes a decision
- The project stops temporarily
Council of State 14th Chamber and 6th Chamber
Departments, environmental associations It interprets litigation capacity broadly and supports the public taking an active role in environmental protection.
Constitution article 56
"Everyone has the right to live in a healthy and balanced environment."
Environmental law lawyer is recommended.