The determination of reasons of environmental pollution that require the impose of administrative sanctions in light of the Turkish Council of State decisions

Author:Mehmet Hatipo?lu
Position::Faculty of Law, Afyon Kocatepe University, Turkey, mhatipoglu@aku.edu.tr.
Pages:61-72
SUMMARY

Environmental administrative sanctions are a means of precautions aiming for the protection of the environment, reduction of environmental damages, nonrepeation of acts causing the damage of the environment. The mentioned actions of the administration shall be concluded in accordance with principles of rule of law, legality, legal certainty. It is important to a great extent to demonstrate the legality of the sanctions and measures when applied subsequently for judicial remedy, during which in the process of... (see full summary)

 
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The determination of reasons of environmental pollution
that require the impose of administrative sanctions
in light of the Turkish Council of State decisions
Assistant professor Mehmet HATIPOĞLU1
Abstract
Environmental administra tive san ctions are a means of pr ecautions aiming for the
protection of the environment, reduction of environmental damages, nonrepea tion of a cts
causing the damage of the environment. The mentioned a ctions of the administra tion shall
be con cluded in a ccordance with principles of rule of law, legality, legal certa inty. It is
important to a great extent to demonstra te the legality of the sa nctions and measures when
applied subsequently for judicial remedy, dur ing which in the process of application of
such sanctions, documentation of the conta minative a ctivities and reveal of activities
transpa rently with its justification had been rea lized. In the Environment Law n umbered
2872, the procedur es and principles a re determined, which must be obeyed by the officer in
charg e assigned by the centra l or pr ovincial or ganization of the Ministry or by the
competent a uthority of state institutions a nd orga nizations authorized b y the Ministry for
the environmental supervision for detection of violations, which require the impose of
administrat ive sa nctions. It is important to consider some factor s for the establishment of
the pr ocess to be a pplied against any environmental violation by the a dministrative
institutions tha t have duties a nd powers in the field of protection of the environment, such
as the investigations to be carr ied out in order to clear ly reveal the source of the polluting
activity, the means that ca n be used in determining the violation, the conditions to regard
real or legal per sons to be r esponsible for polluting activity, which abolishes the
hesitations relevant to the source of pollution. When the decisions of the Council of State
are examined, in some of the decisions it is noteworthy that the p roblems rela ted to the
determination of the violation are mentioned and some of the sanctions esta blished by the
administratio n accor ding to the procedur e stated in the legislation are cancelled. In this
study, a discussion will be made on the decisions of the Council of State and the reasons of
the a dministration a nd an emphasis will be given to the problems in implementation a nd
legislation. Recommendations will be put forward for the procedur es and pr inciples to be
more specific in accordance with the principle of legality a nd to strengthen the lawfulness
of the sanctions, which a re followed in the area s where inspection may be ca rried ou t by
the environmental inspection teams and where sea, land, a ir and other environmental
damages may ar ise.
Keywords: administrative sanctio ns, Turkish Council of State, environmental pollution,
legality.
JEL Classification: K23, K32, K42
1 Mehmet Hatipoğlu - Faculty of Law, Afyon Kocatepe University, Turkey, mhatipoglu@aku.edu.tr.

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