The 3rd Bridge Decision from DİDDK: 'Consider the decision of annulment of the EIA exemption: Council of State Administrative Law Departments Board (DIDDK), Environmental Impact Assessment (EIA) of the Constitutional Court on large-scale and environmentally hazardous projects on 3 July 2014. Considering its decision to cancel the amendment of the law, which brought the exemption, the Council of State unanimously overturned the 14th Administration's decision to exempt the 3rd Bosphorus Bridge from the EIA.
DİDDK asked for the Constitutional Court to be seen again considering the decision. DİDDK asked for the decision of the Constitutional Court to cancel the amendment of the law amendment that brought 'EIA exemption to large-scale and environmentally hazardous projects' on 3 July 2014.
DİDDK, '14. It decided that the decision of Köprü to be exempt from the EIA process is not against the law '. The decision taken unanimously by the chairman and 3 members was resolved on 14 March 25.
DECISION OF THE CONSTITUTIONAL COURT
Demanding the decision of the 14th Chamber of the Council of State and reconsidering the Constitutional Court after the annulment decision, DİDDK made the following statements in its decision: “Provisional article 2872 of the Environmental Law No. 3, which is the basis of the regulation, 'the planning phase has passed and the tender process has started'. Since the statement is against the Constitution and it is decided to cancel it, it is thought that a new decision should be made by the Department considering this matter. ”
“EIA PROCESSES SHOULD BE STARTED FIRST”
Commenting on the decision of DİDDK, Can Atalay, the lawyer of the Chamber of Architects, stated that the EIA processes should be started in accordance with the purpose and without passing, “EIA processes have never been implemented for the 3rd Bridge, which seriously destroyed the Northern Forests of Istanbul. EIA processes should be started as soon as possible in all projects where the EIA process is not implemented, such as the 3rd Bridge, the 3rd Airport. ”
What was the decision?
The 14th Chamber of the Council of State ruled on 27 October 2013 that the regulation article that excludes the 3rd Bridge from the EIA process is 'not against the law'. The decision, which completely changed the life axis in the north of Istanbul and approved the construction of the 3rd Bridge, which is still under construction, without being subjected to EIA processes, was appealed to the judiciary by the Chamber of Architects, Chamber of City Planners, Chamber of Landscape Architects, Chamber of Environmental Engineers and Ecology Collective Association. He had moved.
WHAT THE CONSTITUTIONAL COURT SAY OF 'EIA EXEMPTION'
While a project is being carried out, the provisional article 3 of the temporary article 3, which has been put into the bag law to bypass the EIA process where the environmental effects of the project is determined by scientific means, was found to be unconstitutional by the Constitutional Court on 2014 July 3. The EIA has become mandatory for all projects that have not yet been put into production or operation, that is, incomplete, with the removal of this item, which enables mega projects such as the 3rd Bridge, 3rd Airport, Ilısu Dam, Akkuyu nuclear power plant, which are directly related to the environment, to be subjected to EIA processes. The groundbreaking ceremony of the 29rd Bridge, which is still under construction, was held on 2013 May XNUMX.