- Bridges may even stop: Court karar.anayas important bridge and highway projects for Turkey's mega projects canceled outside agents that the Environmental Impact Assessment report. With this decision, the EIA debate started again in giant projects.
The Constitutional Court annulled the relevant article of the Environmental Act, which excluded billions of dollars of mega projects, such as bridges and highways run by the General Directorate of Highways, from the Environmental Impact Assessment (EIA) report. The Supreme Court resumed the EIA debate on billions of dollar projects when the CHP annulled the Environmental Law, the investment program before 1997 and the planning phase of May 2013, and the EIA exemption provision for the projects that had started the tender process.
NUCLEAR POWER PLANT
Even if the EIA has been taken for the Yavuz Sultan Selim Bridge in Istanbul, the decision will be of interest to the connection paths in progress. Again, the Gebze-Izmir Motorway and other highways projects constructed throughout the country, as well as the EIA report in nuclear power plants will be compulsory again.
As it is known, the Russian company under construction in Mersin Akkuyu announced that it would receive an EIA upon the reactions and reached the final stage in the EIA process. Now it will not be possible to continue the construction before the end of this phase.
EIA also for other nuclear power plants, which are believed to be held in Turkey will be a legal requirement. The criminal law expert we discussed on the subject. Dr. Ersan Şen stated that the projects that were completed within the scope of the acquired rights could not be touched and said, “However, the projects that are in progress, which are still in the project stage, should stop. Yapım
FRAMEWORK TWO DIVISION
'Unfinished projects should stop'
Professor Dr. Ersan Şen (Criminal Lawyer): Constitutional Court decisions are not effective in the past, but this decision is not within the scope. The law and relevant regulation for this decision were found to be against the Constitution. Unfinished projects should stop. So you can't keep that law. You have to get a new law.
Baran Bozoğlu (President of the Chamber of Environmental Engineers): The decision of the Constitutional Court will be reflected in all environmental legislation. 3. The EIA exemption in the HEPP project cannot be applied in the Ilısu Dam, İzmir-İstanbul (Gebze) Motorway and dozens of HEPP projects.
'Backward cannot be operated'
Professor Dr. Hasan İşgüzar (Ankara University): Constitutional Court decisions are not backward. For this reason, this decision does not move back in large projects. However, those who have never started and are in the EIA stage should be implemented by taking the EIA report as a requirement of the rule of law.
Professor Dr. Hasan Nuri Yaşar (Administrative Lawyer): Decisions of the Constitutional Court shall not be reversed. However, since the article of law tries to solve an issue in the past, some projects may be affected due to the cancellation of this article.
OTHER CANCELLATION DECISIONS
Cabinet of Ministers in Gas and Oil
TURKISH PETROLEUM LAW
The Constitutional Court annulled the provisions of the Council of Ministers on the share of the petroleum right holders from the crude oil and natural gas produced in the oil fields they discovered after the 1 January 1980 date.
Canceled Turkish Petroleum Law (TPC) 24 / 12. (only the last sentence) is as follows: ini Petroleum right holders 1 January 1980 35 45 XNUMX XNUMX XNUMX January XNUMX XNUMX XNUMX XNUMX the remaining part and the oil and gas produced from the fields found before this date and the petroleum crops obtained from them are separated from the country. The Council of Ministers determines the rate. Or
Uncertified work has been penalized
Supreme Court, producing and reproducing ideas and works of art, the Ministry of Tourism and Culture to those who do not receive a certificate from the civilian authority 30 thousand TL penalty penalty is canceled. The cancellation decision of the Constitutional Court will come into force after the month of 6. After this date, companies that sell non-certified works of art cannot be fined.
JUST HOPE TO BUILD
After the 2001 year, the Supreme Court issued a visas for the transfer of all structures and facilities that were illegal after XNUMX to the Treasury.
CANNOT EXPERIENCE RIGHTS AND INDEMNITY
However, he canceled the provision that those structures and facilities could not claim any right or compensation. According to this, after the 2001 year, the illegal structures and facilities on the Treasury lands can be seized by the Treasury, but those who do this will be paid the price of buildings and facilities.