Temiz Hava Hukuku El Kitabı

The guide examines the legal frameworks for air quality in Turkey and the EU, analyzing the intersection of environmental law and human rights. It details the obligations of states to maintain air quality limit values, the requirements for air quality plans, and the regulation of industrial emissions. The document highlights the role of the European Court of Human Rights (ECtHR) and the Turkish Constitutional Court in protecting the right to a healthy environment and discusses the process of aligning Turkish legislation with the EU Industrial Emissions Directive (IED).

• The European Court of Human Rights (ECtHR) recognizes that severe environmental pollution can violate Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life and the home, provided the pollution reaches a minimum level of severity.
• Under ECtHR jurisprudence, states have positive obligations to protect citizens from air pollution, which include establishing regulatory frameworks for dangerous activities and ensuring that national courts effectively review the adequacy of the measures taken by public authorities.
• The EU Ambient Air Quality Directive (AAQD) establishes binding limit values for pollutants including SO2, PM10, PM2.5, Pb, CO, NO2, and Benzene; the Court of Justice of the European Union (CJEU) has ruled that compliance with these limits is an 'obligation of result'.
• Turkey's Air Quality Assessment and Management Regulation (HKDYY) aligns with EU standards for most pollutants but lacks a specific limit value and reduction obligation for PM2.5, although it requires monitoring of its concentrations.
• The Turkish Constitutional Court follows ECtHR jurisprudence regarding the right to a healthy environment, emphasizing the 'prevention principle' and stating that the right to a healthy and balanced environment cannot be waived due to economic or bureaucratic obligations.
• The EU Industrial Emissions Directive (IED) utilizes 'Best Available Techniques' (BAT) to set emission limit values, and derogations from these limits are strictly interpreted and cannot be granted if they would lead to the exceedance of ambient air quality limit values.
• In Turkey, the Regulation on the Control of Air Pollution Caused by Industrial Sources (SKHKKY) requires industrial facilities to obtain environmental permits and adhere to emission limit values, with non-compliance leading to administrative fines or suspension of activities.
• Turkish courts have ruled that emission data from industrial facilities, such as Continuous Emission Monitoring Systems (CEMS), must be disclosed to the public, rejecting claims that such data constitutes 'trade secrets'.
• Turkey is in the process of aligning its industrial legislation with the EU IED, with the draft Regulation on Integrated Pollution Prevention and Control (EKÖK) intended to establish an integrated environmental permit system.

APA

ClientEarth (2024). Temiz Hava Hukuku El Kitabı. https://www.clientearth.org/media/b4bnk2sq/turkey-clean-air-legal-guide-07-december-2023.pdf

Chicago

ClientEarth. Temiz Hava Hukuku El Kitabı. 2024. https://www.clientearth.org/media/b4bnk2sq/turkey-clean-air-legal-guide-07-december-2023.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Temiz Hava Hukuku El Kitabı |date=January 2024 |url=https://www.clientearth.org/media/b4bnk2sq/turkey-clean-air-legal-guide-07-december-2023.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2024temiz, author = {{ClientEarth}}, title = {{Temiz Hava Hukuku El Kitabı}}, institution = {ClientEarth}, year = {2024}, month = jan, url = {https://www.clientearth.org/media/b4bnk2sq/turkey-clean-air-legal-guide-07-december-2023.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }