- Is there a delay at the airport: 3. Does stopping the execution of the EIA positive report for the airport affect airport construction?
While the 4th Administrative Court of Istanbul stopped the execution of the Environmental Impact Assessment (EIA) positive report on the 3rd airport, the impact of this decision on airport construction was a matter of curiosity. According to the information obtained from the Ministry of Environment and Urbanization, after this decision, the EIA processes will be redone in line with the objections of the court; by re-assigning the expert, the deficiencies in the previous report will be completed. The ministry will object to part of the court order. It is stated that this process will take 9-10 months. This is expected to delay airport construction by 1 year. The court decision stated that the EIA report was not announced during the 10-day legal period. The ministry noted that the report remained on the announcement for 30 business days and 15 days between April 2013 and April 13, 15. The ministry will now provide the court with relevant information and ask for a correction. The court will reassign the expert to eliminate the deficiencies in the EIA report. If the experts find it missing in the EIA Report, these will be eliminated. In this context, the EIA evaluation commission will meet and the approval process will be carried out from the beginning. We asked public institutions and experts whether the court order would delay the construction of the 3rd Airport.
“DOES NOT AFFECT THE TENDER PROCESS”
General Directorate of State Airports Authority (DHMI): This court decision is related to the temporary suspension of the execution of the airport EIA positive decision. The necessary legal procedures are carried out by the Ministry of Environment and Urbanization. This decision, the 3 on May 2013 Istanbul New Airport tender made as a result of the contract signed in accordance with the work and transactions are not in question. Project related processes continue as planned.
“RELATED TO STOP EIA, 3rd AIRPORT WORKS ARE NOT AFFECTED”
Transport, Maritime Affairs and Communications Minister Lütfi Elvan: This is a decision only for the temporary stop of the EIA. There is nothing for the airport. It will in no way affect airport work.
“THE JUDICIARY HAS DECIDED WITH MISSING INFORMATION”
Idris Güllüce, Minister of Environment and Urbanization: We believe that the decision to suspend the execution due to the suspension period of the EIA report is not a correct decision. We've suspended in legal time. We'il do our appeal. We think that it is a decision made from a missing information and it will be corrected. I hope our airport will continue without a hitch. The airport does not extend. This airport will be made absolutely, the EIA report is positive. In a very short time the issue is solved, there is no hitch.
“WORKS ON THE REPORT”
Turkish Airlines General Manager Temel Kotil:
There is no such thing as the absence of the third airport; I think that whatever the decision is will be improved. It is a report after all, it is worked on. I just came from Singapore. The 3rd airport is also very curious there. The 3rd airport attracts the center of the world here. Atatürk Airport is not enough. This is the second place in the number of passengers after Heathrow. Of course, there is no such thing as the absence of the 3rd airport. It is not even possible to imagine. I hope these reports will be resolved. I see it as a temporary event. The 3rd airport is much more important than we thought.
“IF IT IS NOT STOPPED, WE WILL BE FIXED
Chairman of the Board of Environmental Engineers Baran Bozoğlu:
A single nail should not be stuck until the court decides. Because the EIA report is a license granted by the Ministry of Environment and Urbanization, is a license, authorization. The court will stop this power. No transaction can be made without the EIA positive report. If it is done, we will file a criminal complaint with the competent authorities and the company officials. We are an engineer and support investment in our country. Your basic problem here is 3. It is about the location of the airport project. 3. Choosing the location of the airport will primarily cause the ecological balance to be overturned. We think the project should be reviewed again. One of the track will be made in the east-west direction. It's not going to be possible for the planes to get off. In addition, due to the fact that the bird migration path is in an area where the airways are intense, the planes will be in danger. That's why 3. the airport will be a dead investment.
“IF CED IS CANCELED, THE TENDER PROCESS IS RESTARTED
Istanbul Kemerburgaz University Faculty of Law Administrative Law Faculty Member Assist. Dr. Joy Red:
“The tender process takes place as a whole. If the first link of the transactions is crippled, it is not legally possible to start the procedures that should follow. The decision to stop the execution is made at first glance if there is a violation of open law and an irreparable or impossible situation. Important hazards related to human life and health such as noise, electromagnetic pollution, risk of forest destruction, risk of accelerating climate change are noteworthy. The EIA report is a report on the most basic human rights and the airport project was put out to tender before the 10-day deadline. Transactions must be stopped within the framework of the decision. If the EIA report is canceled, the tender process must be restarted.
“THE COURT HAS STOP THE 'RETURN IMPOSSIBLE DAMAGE”
Specialist in Administrative Law Dr. View Ülkü's Full Profile
There is an airport construction there, and it is installed in the woodland, living area. For this reason, the tender cannot be held before the EIA report is approved. The court decided to stop the execution before the expert report in order to prevent irreversible damage and the correct decision was made. If it is the responsibility of applying the court order and if it does not fulfill this responsibility, it means that he is committing a crime. We have done the tender, it is a crime to say that this is going on. The decision to stop the execution is not a temporary measure. Criminal and civil lawsuits are filed for relevant and authorized persons who do not comply with the court decision. The law says so. The Administrative Court acts in resolving disputes over the use of public power. The civil servants are not sued, unless the minister gives permission in the decisions of the Administrative Courts. Therefore, the Court condemns Turkey for compensation. Somehow he pays for treasure, somehow he does not touch the manager !.